Alpine. 4 CS hereby agrees to guarantee the obligations of the Company in respect of the payment obligations under the Notes.
Alpine. 4 CS, the Seller, and the Company entered into a Stock Purchase Agreement of even or near date herewith (the “SPA”), pursuant to which Alpine 4 CS purchased from the Seller 100% of the issued and outstanding shares of stock of the Company and related entities (the “Purchased Shares”).
Alpine. The Himalayas and the Inner Himalayas have Alpine type of climate – dry and arid. Xxxxxxx are severe while xxxxxxx are cool and short. The annual average precipitation in this region varies from less than 500 mm to more than 2000 mm, which in general remains relatively high over east and low over west.
Alpine to cover hours of service relief for trains heading to Alpine that are within 65 miles of Alpine, all other non pool assignments in this area and other usual extra board work in this area. If one assignment then the senior bidder from the two seniority Hubs shall be assigned and if two assignments then the other seniority Hub shall be assigned. If forced then it shall be forced even years from El Paso and odd years from San Antonio Hub.
Alpine. 4 CS is duly incorporated and in good standing under the laws of the state of Delaware, the Company is duly organized and validly existing under the laws of the state of Indiana, and with respect to each of Alpine 4 CS and the Company, the execution, delivery, and performance of this Security Agreement is within Alpine 4 CS’s and the Company's powers, the Security Agreement has been duly authorized, and is not in conflict with the terms of its respective organizational documents, each as amended through the date of this Security Agreement, and each constitutes a legal, valid and binding obligation of Alpine 4 CS and the Company enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to equitable principles (regardless of whether enforcement is sought in equity or at law).
Alpine. Not at any time own less than 75% of the outstanding capital stock (and at least 75% of the outstanding voting stock) of the Borrower.
