Counsel for the. Special Servicer satisfactory to the Underwriters shall have furnished to the Underwriters its letter relating to the Preliminary Prospectus as of the Time of Sale and to the Prospectus as of the date of the Prospectus and as of the Closing Date, dated the Closing Date, in form and substance satisfactory to the Underwriters and counsel for the Underwriters;
Counsel for the. Special Servicer satisfactory to the Underwriters shall have furnished to the Underwriters its written opinion, dated the Time of Delivery, in form and substance satisfactory to the Underwriters and counsel for the Underwriters;
Counsel for the. Stockholders participating in any Demand Registration requested by the Mezzanine Holders shall be selected by the Mezzanine Holders.
Counsel for the. Vertical Parties shall provide to counsel for Elalouf and Lambxxx xxxformed copies of the respective requests for dismissal with Prejudice upon their return from the Court.
Counsel for the. Second Defendant put to the Claimant that the crane was not manufactured with a buzzer for the outrigger. He responded that all the equipment had a buzzer. It was put to him that the crane only had a buzzer for reversing to which he responded that the buzzer had to be installed. He accepted that he produced no document to prove that the buzzer had to be installed to pass inspection. Yet he maintained that the buzzer had to be installed by the owner of the crane. He then changed his evidence to state that the buzzer was working but he did not hear it. He did not indicate where in his witness statement he stated that the buzzer was not working. He accepted that the operator had to pay attention to the banksman who was in front of him, and the bubble to level the crane which was in front of the banksman when operating the crane. He then changed his evidence to state that the banksman was at the side. He accepted that the operator would have been looking to the front at the banksman and the bubble and not to the back of the crane.
Counsel for the. Settling Defendants means Osler, Xxxxxx & Harcourt LLP.
Counsel for the. Second Defendant argued that the undertaking given by the First Defendant to seek the consent of the Second Defendant indicates a relationship of agency. Further that the Second Defendant is not a party to the principal agreement on which this court is being asked to order specific performance against the Second Defendant (agreement dated 23rd January 2013) and that she only knew of it after the fact. That this is an agreement by which the First Defendant contracts to sell the Second Defendant’s land to the Claimant. Attorney for the Second Defendant contended that by that agreement the First Defendant expressed an unequivocal obligation to the Claimant that they obtain the Second Defendant’s consent to being bound by this agreement signed without her knowledge. Thus, acting as the agent of the Claimant in that regard therefore, it is the case of the Second Defendant that several representations were made to her by Xx. Xxxxxxxxx and Ms. Xxxxxxxxxxx, (both Attorneys-at-law) on behalf of the Claimant knowing her to be in ill health, knowing her to be suffering from anxiety and from the condition of insomnia.
Counsel for the. Initial Purchasers shall have been furnished with such documents as they may reasonably require for the purpose of enabling them to review or pass upon the matters referred to in this Section 7 in order to evidence the accuracy, completeness or satisfaction in all material respects of any of the representations, warranties or conditions herein contained.
Counsel for the. Fiscal Agent satisfactory to the Representatives shall have furnished the Underwriters with their written opinion satisfactory in form and substance to the Representatives and counsel for the Underwriters.
Counsel for the. County shall cause this Agreement to be executed in multiple original counterparts and submitted to the Attorney General of the State of Kansas for his approval. Thereafter, if approved by the Attorney General, Counsel for the County shall cause this Agreement to be filed, pursuant to K.S.A. 12-2905, with the County’s Department of Records and Tax Administration and the Kansas Secretary of State. Each Party hereto shall receive a copy of the duly executed original of this Agreement for its official records.
