Capacity; Performance. (i) The Purchaser has obtained all corporate authorizations and all other governmental, statutory, regulatory or other consents, licenses and authorizations (other than as set forth in this Agreement and for the avoidance of doubt, excluding the Takeover Bid) and sufficient funding to comply with its obligations under this Agreement.
Capacity; Performance a. During the Term, Levix xxxll serve as the Chief Executive Officer and President of BKF and as the President of Merger Subsidiary and shall have such responsibilities, duties and authority as are generally associated with the positions of Chief Executive Officer and President (including, without limitation, the authority to hire, discharge and fix the terms and conditions of Levix Xxxloyment Agreement employment of all employees of the Companies and any of their respective subsidiaries, subject, only in the case of officers, to the approval of the Board of Directors of BKF (the "Board") (or any committee thereof, to the extent provided under the Companies' respective by-laws) and as may be assigned from time to time to Levix xx the Board that are consistent with such responsibilities, duties and authority and Levix'x xxxitions as Chief Executive Officer and President. During the Term. Levix xxxl, consistent with the provisions of the foregoing sentence, also serve in such offices or positions with subsidiaries of Merger Subsidiary as the Board may from time to time determine, to the extent consistent with the responsibilities, duties and authority of Levix'x xxxition as Chief Executive Officer and President of BKF. Levix xxxll be based and shall perform his duties primarily at the principal executive offices of Merger Subsidiary in the City of New York, except for reasonable travel as the performance of his duties hereunder may require.
Capacity; Performance. A. During the Term, the Employee shall serve the Company as the Company's Chief Operating Officer and Executive Vice President of Marketing and Strategy and shall report to the Company's Chief Executive Officer (the "CEO"). The Employee's day to day responsibilities shall include the management of marketing, product development, legal, personnel and operations, and such other senior executive duties as may be directed by the CEO or the Board of Directors of BKF (the "Board"). The Employee shall be based and shall perform his duties primarily at the principal executive offices of the Company in the City of New York, except for reasonable travel as the performance of his duties hereunder may require.
