The Debtor. (a) The Debtor is incorporated in the State of California.
The Debtor. (a) The Debtor will preserve its corporate existence and will not, in one transaction or a series of related transactions, merge into or consolidate with any other entity, or sell all or substantially all of its assets.
The Debtor. The Debtor hereunder, in terms of this Agreement, refers to Beijing Secoo Trading Limited, KUTIANXIA (BEIJING) INFORMATION TECHNOLOGY CO., LTD. and Shanghai Secoo E-commerce Limited.
The Debtor. The Debtor hereunder, in terms of this Agreement, refers to China Online Education (HK) Limited and 51Talk English International Limited.
The Debtor. 10 Xxxxxxxx Xxxxxx Xxxxxxxxx, 0000 Facsimile (013)-755-2618 Attention: The Managing Director
The Debtor. Apartado Postal número cero ocho tres dos xxxxx dos cuatro cuatro tres (0832-2443) WTC, Panamá, República de Panamá, and a copy to PriceSmart, Inc, nine seven four zero (0000), Xxxxxxxx Xxxx,Xxx Xxxxx, Xxxxxxxxxx, nine two one two one (92121), United States of America. It is hereby understood and agreed thatin the event that the notice or notification is sent by mail, such shall be understood as being delivered once a term of three(3) workdays have elapsed as of the day on which such notice has been deposited in the mail. The receipt issued by the Postal Office shall constitute sufficient proof of the sending of the notice or notification and its date.
The Debtor. In the event that a Chapter 11 case is commenced to seek confirmation of the Plan, Ener1 will be the sole debtor in the case. The discussion of the Debtor’s business in this Disclosure Statement refers to, and incorporates, the operations of those subsidiaries on a collective basis. The Debtor is a holding company that is incorporated in Florida and headquartered in New York City. The Debtor was formed in 1985 and was then known as Boca Research Corp. 8 The Debtor pursues multiple alternative energy applications through several foreign and domestic subsidiaries and a joint venture. If the Plan is confirmed, it is not contemplated that there will be a need for any of these subsidiaries to commence a bankruptcy case. The stock of Ener1 is publicly held and until October 28, 2011, was traded on NASDAQ. The primary debt obligations of Ener1 are the following:
The Debtor. (a) agrees to comply with all acts, rules, regulations and orders of any legislative, administrative or judicial body or official, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the business or operations of the Debtor, provided that the Debtor may contest any acts, rules, regulations, orders and directions of such bodies or officials in any reasonable manner which will not, in CIT's reasonable opinion, materially and adversely effect CIT's rights or priority in the Collateral; (b) agrees to comply with all environmental statutes, acts, rules, regulations or orders as presently existing or as adopted or amended in the future, applicable to the Collateral, the ownership and/or use of its real property and operation of its business, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the operation of the business of the Debtor; and (c) shall not be deemed to have breached any provision of this Paragraph 7.7 if (i) the failure to comply with the requirements of this Paragraph 7.7 resulted from good faith error or innocent omission, (ii) the Debtor promptly commences and diligently pursues a cure of such breach, and (iii) such failure is cured within thirty (30) days following the Debtor's receipt of notice of such failure, or if such cannot in good faith be cured within thirty (30) days, then such breach is cured within a reasonable time frame based upon the extent and nature of the breach and the necessary remediation, and in conformity with any applicable consent order, consensual agreement and applicable law.
The Debtor. (a) waives diligence, presentment, demand for payment, notice of dishonor, notice of non-payment, protest, notice of protest, and any and all other demands in connection with the delivery, acceptance, performance, default or enforcement of this Note;
The Debtor. (a) gives false or misleading information concerning the warranties or covenants made herein, or reaches such warranties or covenants, or (b) voluntarily or involuntarily files any proceeding under any provision of the federal Bankruptcy Code, or (c) institutes or has commenced against Debtor any proceeding under a state insolvency statute for the appointment of a receiver, or (d) makes an assignment for the benefit of creditors, or becomes insolvent, or (e) fails to procure and furnish proof of, or maintain the insurance required under this agreement, or (f) fails to pay promptly when due any Original Indebtedness or any other indebtedness secured hereunder, or (2) the Collateral is confiscated by any local, state or federal government agency due to its alleged illegal use or acquisition, or (3) the Secured Party has any other reasonable cause to believe that the Collateral is in jeopardy or that the Original Indebtedness or any other indebtedness secured hereunder will not be paid when due, then upon the occurrence of any such events, the Debtor shall be in default. Upon default the Original Indebtedness and all other indebtedness secured under this agreement shall become immediately due and payable, at the option of the Secured Party, with or without notice to the Debtor and the Secured Party shall have the following rights in addition to all other remedies available to it under applicable law:
