Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation.
Covenants of Party A. (a) Party A shall use any Settlement Shares delivered by Party B to Party A to return to securities lenders to close out borrowings created by Party A (or an affiliate of Party A) in connection with its hedging activities related to exposure under the Transaction.
Covenants of Party A. Party A covenants to Party B as follows:
Covenants of Party A. 3.1 Party A shall complete the Modification Registration and shall undertake to obtain or cause the Target Company to obtain such approval or consent of and registration with the appropriate competent authorities as may be required to complete the Modification Registration, including without limitations the AIC, the Administration of Land and Resource, the Administration for Safe Production, the Administration for Safe Production of Coal, the tax authorities, the Administration of Technology Supervision and the Administration of Foreign Exchange.
Covenants of Party A. During the Transition Period, Party A (as the actual operator of Party E) hereby covenants as follows:
Covenants of Party A. 2.1 Party A is a legal organization or a natural person with full civil capacity and has the ability to sign this Agreement and perform its obligations thereunder.
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation. (b) In connection with bids and purchases of Shares in connection with any Cash Settlement or Net Share Settlement of the Transaction, Party A shall use good faith efforts to conduct its activities, or cause its affiliates to conduct their activities, in a manner consistent with the requirements of the safe harbor provided by Rule 10b-18 under the Exchange Act, as if such provisions were applicable to such purchases. (c) For the avoidance of doubt and notwithstanding anything to the contrary contained herein, and in addition and not in limitation of its other obligations hereunder, whenever Party A is required or permitted to act or to exercise discretion or judgment in any way with respect to any Transaction hereunder, including, without limitation, with respect to calculations, adjustments and determinations that are made in its sole discretion or otherwise, it shall do so in good faith and in a commercially reasonable manner.
Covenants of Party A. Party A hereby covenants and agrees as follows:
Covenants of Party A. Unless otherwise agreed herein, from the date of execution hereof to the merger effective date, Party A makes the following covenants to Party B:
Covenants of Party A. (a) Party A shall use its best efforts to maintain its hedge of its exposure to the Transaction by borrowing sufficient Shares from lenders.
