BINDING CONTRACTS. The transmission of a dealing instruction to us does not automatically give rise to a binding Contract. Any dealing instruction made by you is always subject to us accepting your offer and such dealing instruction having been recorded as accepted and confirmed by us to you.
BINDING CONTRACTS. Except as set forth on Exhibit "C" hereto, as of the Closing Date, the Corporation does not have any material contracts, commitments, arrangements or understandings, and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, including but not limited to employment agreements, employee benefit plans, leases, license, distributor or supply agreements, or any intercompany agreement, tax allocation agreement with any Seller, or any other related company, or any other material contracts or agreements whatsoever not otherwise set forth in this Agreement.
BINDING CONTRACTS. User acknowledges that by using the ECS, it may enter into binding contracts with PG&E and with third parties. User agrees that (i) any and all access or use of the ECS using the User IDs will be governed by this Agreement; (ii) any nomination or offer placed, any contract terms, conditions or exhibits accepted or confirmed, and any Transaction executed, on the ECS will be deemed to be "in writing," to have been signed," or be an "executed" writing; and (iii) accepting or entering into a Transaction by using the ECS, as it now exists or may in the future be modified, and subject to applicable tariffs, shall constitute a written contract (a "Contract"). With limitation of the foregoing, User agrees that it will be bound by any and all contract terms and conditions, including, but not limited to, the GTSA and NBAA, and by any and all nominations, offer, trades, or other Transactions executed, accepted or confirmed on the ECS through a "click" agreement by any individual using the User ID. By executing this Agreement, User agrees that it adopts as User's signature any such "click agreement," defined for purposes of this Agreement as "clicking" on the designated space on the ECS (or other action on the ECS specified by PG&E), and such "click agreement" will, together with this Agreement, constitute an executed writing. User agrees to waive any Statute of Frauds defense to the enforceability of any Contract arising from use of the ECS. User agrees and warrants that any employee or agent of User using the ECS shall have all necessary power and authority to use the ECS and enter into Transactions as herein provided. User warrants for itself and its successors and assigns that for each Transaction that User may enter into by using the ECS, User shall have all right, title, power and authority necessary to honor that Contract.
BINDING CONTRACTS. Except as disclosed in writing to NGIL, no contract, arrangement or understanding to which the Company is a party:
BINDING CONTRACTS. Except as set forth hereto, as of the Closing Date, Ultra does not have any material contracts, commitments, arrangements or understandings with the Buyer.
BINDING CONTRACTS. Except as set forth hereto, as of the Closing Date, the Seller does not have any material contracts, commitments, arrangements or understandings, except for the employment agreement between Trident and Xxxxxx X. Xxxxxxxx, LLC and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, excluding employment agreements, if not otherwise set forth in this Agreement.
BINDING CONTRACTS. 24 (c) Consents...............................................................25 6.11 Litigation......................................................................25 6.12 Employee and Related Matters; ERISA.............................................25 (a)
BINDING CONTRACTS. As of the date hereof and immediately after giving effect to the Closing, each contract, lease, license, purchase order, commitment instrument or other agreement to which any of the ASIG Entities is a party or by which any of the ASIG Entities or their respective assets or properties are otherwise bound (collectively the "Contracts") is, valid and binding, in full force and effect and enforceable in accordance with its terms, except to the extent such enforceability may be limited by or subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to or limiting creditors' rights generally or by general principles of equity (assuming proper authorization by all requisite corporate or, if not a corporation, by all other requisite action by the other party thereto, which, to Sellers' Knowledge, has occurred), except as disclosed on Schedule 6.10 or the other Schedules attached hereto. Except as disclosed in Schedule 6.10, each of the ASIG Entities has performed all material obligations required to be performed by it under the Contracts and is not (and with the passage of time or the giving of notice, or both, will not be) in breach or default in any material respect thereunder and, to Sellers' Knowledge, no other party to any of the Contracts is (or with the lapse of time or the giving of notice, or both, will be) in breach or default in any material respect thereunder. Except as disclosed in Schedule
BINDING CONTRACTS. Except as Disclosed to Buyer or recorded against title to the Property, and except for the Assigned Contracts, the Ground Leases, the Leases, and the Loan Documents, Seller has not entered into any contracts, subcontracts or agreements encumbering any Property that will be binding upon Buyer after the Closing.
