Certain Related Matters. Effective as of the Closing, the ----------------------- arrangement between Seller and Comfirst S.A., a company organized under the laws of France ("Comfirst"), with respect to services performed by Seller or any Assigning Subsidiary for the benefit of Comfirst shall, without further action, be terminated.
Certain Related Matters. (a) Pursuant to Section 2.14(f) of the Credit Agreement, the Administrative Agent hereby requests that the Loan Parties take all steps necessary, and each of the Loan Parties hereby agrees that it shall (i) deliver to Administrative Agent amendments to each of the Mortgages in effect as of the Effective Date, in form and substance reasonably acceptable to Administrative Agent, (ii) deliver to Administrative Agent date down endorsements to the extent available in the applicable jurisdiction to any existing title insurance policies insuring the lien of the Mortgages in effect as of the Effective Date and bringing forward the date of such coverage to the date of recordation of the amendment related to each such Mortgage, and (iii) take all other steps reasonably necessary (including executing any necessary amendments to the Mortgages, obtaining updated title reports and providing legal opinions in respect of any such amendments to the Mortgages), to ensure that each of the Mortgages in effect as of the Effective Date secures an aggregate amount of Obligations of at least $100,00,000 in excess of the sum of (i) the aggregate Revolving Credit Commitments (after giving effect to the Additional Revolving Facility Commitments contemplated by this Amendment) plus (ii) the outstanding principal amount of the Term Loans (after giving effect to the Incremental Term Loans made pursuant to the terms of this Amendment) plus (iii) all amounts committed or outstanding under the Term Facility, any Incremental Term Facility or Permitted Senior Notes, in each case within ninety (90) days (as such period may be extended by the Administrative Agent in its reasonable discretion) of the Effective Date; provided that, with respect to any real property located in a jurisdiction in which the mortgage recording, intangibles or similar taxes or charges apply, the aggregate amount of Obligations secured by any Mortgage encumbering such real property may be limited to an amount equal to the fair market value of such real property (as reasonably determined by a Responsible Officer of the Borrower in good faith (and the Borrower hereby agrees to deliver to the Administrative Agent a certificate of a Responsible Officer certifying thereto (to the extent applicable) as promptly as possible after the Effective Date)) if such limitation results in a reduction of the amount of such taxes or charges due in connection therewith.
Certain Related Matters. By the date that is ninety (90) days after the Restructuring Effective Date, as such time period may be extended in the Agent’s sole discretion; the Borrower shall deliver a mortgage in substantially the form of Exhibit G to the Credit Agreement (with such changes as may be required to account for local law matters) and otherwise in form and substance satisfactory to the Administrative Agent and covering that certain Material Owned Real Property located in Xxxxx Township, Ohio known as the “Century Mine Coal Preparation Plant” (the “Ohio Mortgage”), duly executed by the appropriate Loan Party, together with all of the real estate collateral requirements required to be delivered by the Borrower with respect to an Additional Mortgage Property as set forth in Section 6.19 of the Credit Agreement (except to the extent previously delivered by the Borrower).
Certain Related Matters. Section 1.1 The Merger. 1 Section 1.2 Closing 2 Section 1.3 Effective Time 2 Section 1.4 Certificate of Formation 2 Section 1.5 By-Laws 2
Certain Related Matters. (a) The covenants of Employee set forth in this Section 5 are in addition to and not in limitation of any other obligations of a similar nature which Employee may have to Company by contract, law or otherwise.
Certain Related Matters. Section 1.1 The Merger 1 Section 1.2 Closing 2 Section 1.3 Effective Time 2 Section 1.4 Certificate of Incorporation 2 Section 1.5 Bylaws 2 Section 1.6 Directors 2 Section 1.7 Officers 2
Certain Related Matters. (a) For purposes of this Section 5, all offers, bids, acceptances and counteroffers must be in writing, in a form which is firm and binding and solely for United States Dollars in cash payable in a lump sum.
Certain Related Matters. The Company shall use its commercially reasonable efforts to comply with its obligations under this Agreement and to consummate the Public Merger Transaction. HFG shall use its best efforts to cause the Public Company to consummate the Public Merger Transaction.
Certain Related Matters. 1 SECTION 1.1 THE MERGER........................................................................1 SECTION 1.2 CLOSING...........................................................................1
Certain Related Matters
