contained therein. The Lock-up Agreement entered into force on 5 October 2015 (corresponding to the Effective Date of the Merger) and will have a duration of three years lapsing from such date.
contained therein. This Agreement has been executed by and on behalf of the Fund by its representatives as such representatives and not individually, and the obligations of the Fund hereunder are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding upon only the assets and property of the Fund. With respect to any claim by KDI for recovery of any liability of the Fund arising hereunder allocated to a particular series or class, whether in accordance with the express terms hereof or otherwise, KDI shall have recourse solely against the assets of that series or class to satisfy such claim and shall have no recourse against the assets of any other series or class for such purpose.
contained therein. In signing Amendment #1, the parties acknowledge that all of the provisions of the Agreement not specifically addressed within this Amendment remain in full force and effect. The Agreement is amended by revising Section 4.4 as follows:
contained therein. The Irrevocable Undertaking will cease to have any effect if:
contained therein. (c) The Borrower shall not permit, and shall not permit any of its Subsidiaries to allow, the projected full cost budgets of all Assets Under Development (excluding the costs of any tenant improvements) to exceed $50,000,000 in the aggregate at any one time."
contained therein. The Company shall not, and shall instruct its officers, directors, management and employees not to, make or publish any comment that is defamatory, disparaging or otherwise critical of you or that would otherwise tend to have an adverse effect upon your professional reputation.
contained therein. Notwithstanding the foregoing, the Administrative Agent and Lenders hereby agree that as long as the outstanding Obligations of the UK Borrower do not exceed $20,000,000 at any one time (including the face amount of all Letters of Credit issued for the benefit of the UK Borrower or any Foreign Subsidiary Guarantor), the Borrowers will not be required to file or cause to be filed a Mortgage on any real property acquired in Spain after the Closing Date by the UK Borrower or any Foreign Subsidiary Guarantor. Until such time as all Mortgages are duly filed and recorded on any such real property acquired in Spain after the Closing Date and such additional due diligence items are delivered to Administrative Agent as required in Section 8.1.8. Lenders will have no obligation to issue Letters of Credit for the benefit of the UK Borrower or any Foreign Subsidiary Guarantor which would otherwise be permitted hereunder or advance Loans to the UK Borrower which would otherwise be permitted hereunder if the making of such Loan or the issuing of such Letter of Credit would cause the Obligations of the UK Borrower (including the face amount of any existing Letters of Credit and, if applicable, the Letter of Credit being requested) to exceed $20,000,000; provided that the restriction in Section 2.1.1 (d) is no longer applicable by its terms.
contained therein. The Lock-up Agreement will come into force on the Merger execution date and will be effective for three years as of this date.
contained therein. The Warrant Agreement is hereby incorporated by reference in and made a part of this instrument and is hereby referred to for a description of the rights, limitation of rights, obligations, duties and immunities thereunder of the Company and the registered holders of the Warrants. The Holder of this Warrant Certificate consents to all terms and provisions of the Warrant Agreement by acceptance hereof. Copies of the Warrant Agreement are on file at the office of the Company and may be obtained by writing to the Company as described below. All notices, requests, demands and other communications relating to this Warrant Certificate shall be in writing, including by facsimile, addressed (a) if to the registered owner hereof, to it at the address furnished by the registered owner to the Company, (b) if to the Company, to it at 500 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, xacsimile no.: (310) 000-0000, Xttention: Chief Financial Officer, or (c) if to the Warrant Agent, to it at 135 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, xacsimile no.: (310) 000-0000, Xttention: Marx Xxxxxx, Xssistant Vice President; or to such other address as any party shall notify the other party in writing, and shall be effective, in the case of written notice by mail, three days after placement into the mails (first class, postage prepaid), and in the case of notice by facsimile, on the same day as receipt is confirmed. This Warrant Certificate shall be binding upon and inure to the sole and exclusive benefit of the Company, its successors and assigns, the registered Holder or Holders from time to time of the Warrants and the Warrant Shares. This Warrant Certificate shall be construed in accordance with and governed by the internal laws of the State of Illinois. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS WARRANT SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH AT THIS PLACE. Dated: __________, 2001 METAL MANAGEMENT, INC. By: ___________________________ Name: Title: WARRANT AGENT By: ___________________________ Name: Title: [FORM OF REVERSE OF WARRANT CERTIFICATE] METAL MANAGEMENT, INC. The transfer of this Warrant Certificate and all rights hereunder is registrable by the registered holder hereof, in whole or in part, on the register of the Company upon surrender of this Warrant Certificate at the office or agency of the Company, duly endorsed or accompanied by a written...
contained therein. The Lock-up Agreement entered into force on 5 October 2015 (corresponding to the Effective Date of the Merger) and will have a duration of three years lapsing from such date. According to the Irrevocable Undertaking Richemont and FM agreed to terminate the Lock- Up Agreement by mutual consent – with consequent termination of any validity and effect thereof – with effect from, and subject to the release - and filing with Consob - of the 102 Announcement. Notwithstanding the above, Richemont and FM further agreed that, subject to the following conditions, the Lock-Up Agreement will remain valid, fully in force and binding on the parties as if its termination had never occurred:
