Certain Covenants and Other Provisions Sample Clauses

Certain Covenants and Other Provisions. Ability to Settle in Stock: As of the date hereof, the Companies have not, and after the date hereof, the Company will not, enter into any obligation that would contractually prohibit the Companies from Stock Settlement, Net Stock Settlement or Interim Net Stock Settlement of any shares under this Agreement. Allocation between the REIT and OPCO: As between the REIT and OPCO, (i) any delivery to or by the Companies of the REIT Share portion of Paired Shares pursuant to this Confirmation shall be made by delivery to or Purchase Price Adjustment Mechanism by the REIT, (ii) any delivery to or by the Companies of the OPCO Share portion of Paired Shares pursuant to this Confirmation shall be made by delivery to or by OPCO, and (iii) any delivery to or by the Companies of cash pursuant to this Confirmation shall be allocated between the REIT and OPCO between and among themselves based on the ratios that the Companies allocate proceeds of any issuance of Paired Shares pursuant to the Pairing Agreement between the Companies as amended from time to time, without effect on any obligation of the Companies to the Purchaser or on any obligation of the Purchaser to the Companies. Such allocation ratios are currently set at 95% to the REIT and 5% to the OPCO.
Sample 1
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Certain Covenants and Other Provisions. Ability to Settle in Stock: As of the date hereof, the Companies have not, and after the date hereof, the Companies will not, enter into any obligation that would contractually prohibit the Companies from Stock Settlement of any shares under this Agreement. Allocation between the REIT and OPCO: As between the _________ and OPCO, (i) any delivery to or by the Companies of the REIT Share portion of Paired Shares pursuant to this Confirmation shall be made by delivery to or by the REIT, (ii) any delivery to or by the Companies of the OPCO share portion of Paired Shares pursuant to this Confirmation shall be made by delivery to or by OPCO, and (iii) any delivery to or by the Companies of cash pursuant to this Confirmation shall be allocated between the REIT and OPCO between and among themselves based on the ratios that the Companies allocate proceeds of any issuance of Paired Shares pursuant to the Pairing Agreement between the Companies as amended from time to time without effect on any obligation of the Companies to UBS or on any obligation of UBS to the Companies. Such Allocation ratios are currently set at 95% to the REIT and 5% to the OPCO.
Sample 1
Certain Covenants and Other Provisions. Ability to Settle in Stock: As of the date hereof, the Company has not, and after the date hereof, the Company will not, enter into any obligation that would contractually prohibit the Company from Stock Settlement of any shares under this Agreement.
Sample 1
Certain Covenants and Other Provisions. Ability to Settle in Stock: As of the date hereof, each of the Trust and SLC has not, and after the date hereof, each of the Trust and SLC will not, enter into any obligation that would contractually prohibit the Company from Stock Settlement of any shares under this Agreement.
Sample 1
Certain Covenants and Other Provisions 
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Related to Certain Covenants and Other Provisions

  • Covenants and Other Agreements Purchaser shall have performed its covenants and agreements herein on or prior to the Closing Date in all material respects.

  • Covenants and Other Matters 7 Section 4.1

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Certain Covenants and Agreements The Company hereby covenants and agrees that:

  • Certain Covenants (a) The Company covenants that all shares of Common Stock issued upon conversion of Notes will be fully paid and non-assessable by the Company and free from all taxes, liens and charges with respect to the issue thereof.

  • Certain Libo Rate and Other Provisions 4.1. LIBO Rate Lending Unlawful......................................54 4.2. Deposits Unavailable............................................55 4.3. Increased LIBO Rate Loan Costs, etc.............................55 4.4.

  • Restrictions on Sale by the Company and Others The Company ---------------------------------------------- covenants and agrees that (i) it shall not, and that it shall not cause or permit any of its subsidiaries to, effect any public sale or distribution of any securities of the same class as any of the Registrable Securities or any securities convertible into or exchangeable or exercisable for such securities (or any option or other right for such securities) during the 30-day period prior to, and during the 120-day period beginning on, the commencement of any underwritten offering of Registrable Securities pursuant to a Demand Registration which has been requested pursuant to this Agreement, or a Piggy- Back Registration which has been scheduled, prior to the Company or any of its subsidiaries publicly announcing its intention to effect any such public sale or distribution; (ii) the Company will not, and the Company will not cause or permit any subsidiary of the Company to, after the date hereof, enter into any agreement or contract that conflicts with or limits or prohibits the full and timely exercise by the Holders of Registrable Securities of the rights herein to request a Demand Registration or to join in any Piggy-Back Registration subject to the other terms and provisions hereof; and (iii) that it shall use its reasonable best efforts to secure the written agreement of each of its officers and directors to not effect any public sale or distribution of any securities of the same class as the Registrable Securities (or any securities convertible into or exchangeable or exercisable for any such securities), or any option or right for such securities during the period described in clause (i) of this Section 2.4.

  • Certain Covenants and Agreements of the Company The Company covenants and agrees at its expense and without any expense to the Placement Agent as follows:

  • Certain Covenants of the Parties Seller and Company, on the one hand, and Buyer, on the other hand, hereby covenant to and agree with one another as follows:

  • Compliance with Law and Other Agreements The Company shall maintain its business operations and property owned or used in connection therewith in compliance with (a) all applicable federal, state and local laws, regulations and ordinances governing such business operations and the use and ownership of such property, and (b) all agreements, licenses, franchises, indentures and mortgages to which the Company is a party or by which the Company or any of its properties is bound. Without limiting the foregoing, the Company shall pay all of its indebtedness promptly in accordance with the terms thereof.

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