Buyer Approvals. Seller agrees that any and all Buyer approvals of Seller's technical and quality specifications, drawings, plans, procedures, and reports shall neither relieve Seller from Seller's obligations to perform all of the requirements of this contract nor be used as conclusive evidence of Seller compliance with such requirements.
Buyer Approvals. Buyer shall use all reasonable efforts to obtain as promptly as practicable all necessary approvals, authorizations and consents of any person or Governmental Entity required to be obtained by Buyer to consummate the transactions contemplated hereby ("Buyer Approvals"), and will cooperate with the Company in seeking to obtain all such approvals, authorizations and consents; provided, however, that neither Buyer nor any of its Subsidiaries shall be required to take any action to obtain such approvals, authorizations and consents if such action, either alone or together with another action, would result in the divestiture of assets by Buyer or the Company that would directly result in the loss of more than 30% of the Company's revenues (as of the date hereof). Buyer shall use all reasonable efforts to provide such information to such persons, bodies and authorities as such persons, bodies or authorities or the Company may reasonably request.
Buyer Approvals. Buyer will review and respond with reasonable promptness to all submittals or other items requiring its approval under this Agreement. For all such submittals or other items Buyer will provide the Seller with either; (i) written notification of Buyer's approval, or (ii) a written notification of conditional approval subject to Seller providing prompt correction of any noted deficiency, or (iii) in the case of a submittal that does not meet the requirements of the Agreement, a written notification of Buyer's disapproval. Buyer's disapproval notification will be provided with reasonable detail to sufficiently advise Seller of the basis on which the submittal was determined to be unacceptable. Buyer agrees that, except as otherwise provided, failure to provide approval, conditional approval or non-approval of a submittal for which its approval is required within fifteen (15) days of receipt of the submittal from the Seller shall constitute approval of the submittal. The parties agree that this section, Project Management and Planning, does not relate to the Testing and Acceptance procedures in the Testing and Acceptance section of this Agreement.
Buyer Approvals. Buyer must have received all necessary corporate and shareholder approvals for Buyer’s entering into the Transactions.
Buyer Approvals. 44 Section 6.7. Company Approvals............................................44 Section 6.8. Letter of Credit.............................................44 Section 6.9. Further Assurances...........................................45 Section 6.10. Buyer Board of Directors.....................................46 Section 6.11. Indemnification of Company Officers and Directors; Insurance.......................................46 Section 6.12. Confidentiality..............................................47 Section 6.13. Certificates, Opinions, Etc..................................47 Section 6.14. Interim Financials...........................................47 Section 6.15. Communications...............................................47 Section 6.16. Releases.....................................................47 Section 6.17. Transfer Taxes...............................................48 Section 6.18. Standstill...................................................48 Section 6.19. Buyer's Stockholders' Meeting................................48 Section 6.20. Stock Purchases, Repurchases and Sales; Registration Rights..49 Section 6.21. Listing......................................................49 (ii)
Buyer Approvals. As of the date hereof, to the knowledge of Buyer, there are no facts in existence that relate to the qualifications of Buyer which would, under applicable Law, reasonably be likely to prevent Buyer from obtaining any Buyer Required Regulatory Approval taking into account the terms and conditions of this Agreement.
Buyer Approvals. (a) Seller has delivered to Buyer and Buyer has approved (such approval not to be unreasonably withheld) the EPC Agreement (including the construction schedule), the Turbine Supply Agreement and the Turbine Warranty and the O&M Agreement.
Buyer Approvals. The Buyer shall have received all consents and approvals of its board of directors and lenders and all regulatory approvals that are requisite to the consummation of the transactions contemplated by this Agreement.
Buyer Approvals. Buyer shall not unreasonably withhold, delay or condition any approval or consent requested by Sellers hereunder, provided, however, that Buyer shall not be obligated to incur any obligation it reasonably deems is material or agree to any material change in any Contract or License to be assumed hereunder; and provided, further, that any requirement of Buyer to pay a security deposit under one or more of the leases described on Schedule 3.5 shall not be deemed to be material. Buyer shall respond to each request for an approval or consent hereunder within five business days after such approval or consent has been received from Sellers in writing and if Buyer shall fail to respond in writing to such a request within such period, Buyer shall be deemed to have granted such approval or consent.
Buyer Approvals. This Agreement and the transactions contemplated hereby shall have been approved by the requisite vote of the Board of Directors and shareholders, if required, of Buyer.
