Delivered. Any statement in Section 2 of the Agreement to the effect that any information, document or other material has been "delivered" to Parent shall mean that such information, document or material was: (a) available for review by Parent in the virtual data room set up by Fenwick & West LLP in connection with the Contemplated Transactions as of 5:00 p.m. on April 16, 2005; (b) delivered to Parent or Parent's Representatives via electronic mail or in hard copy form; (c) with respect to Acquired Corporation Returns and other Tax-, audit- and Xxxxxxxx-Xxxxx Act-related materials, available for review by Parent's Representatives: (i) in a data room located at KPMG LLP; and (ii) at the Company's offices located at 99 Xxxxx Xxxxxx Xxxxxx, Xxx Xxxxxxxxx xn April 17, 2005; or (d) otherwise made available for review by Parent in a data room located at the offices of Fenwick & West LLP, 801 California Street, Mountain View on April 17, 2005.
Delivered. The phrases “delivered,” “provided to”, “furnished” and “made available” and phrases of similar import when used herein, unless the context otherwise requires, means, with respect to any statement in Section 2 of this Agreement to the effect that any information, document or other material has been “delivered,” “provided to”, “furnished” or “made available” to Purchaser that such information, document, or material was (a) made available for review in the electronic data room set up by the Company in connection with the Transactions prior to the Closing or (b) actually delivered (whether by physical or electronic delivery) to Purchaser or its counsel.
Delivered. Any reference to documents previously delivered by the Company and/or the Sellers to Purchaser means that the Company and/or the Sellers have either delivered such documents to Purchaser or made them available for Purchaser’s inspection in the online data room hosted by ansarada Pty Ltd.
Delivered. Any statement in Section 2 of the Agreement to the effect that any information, document or other material has been “delivered” to Parent shall mean that such information, document or material, subject to certain controls agreed to by Parent and the Company, was: (a) available for review by Parent or Parent’s Representatives in the virtual data room set up by Fenwick & West LLP in connection with the Contemplated Transactions as of 5:00 p.m. on the date three business days prior to the date of the Agreement (including links to unredacted documents available on XXXXX); (b) delivered to Parent or its outside legal counsel in the manner described in Section 9.9 of the Agreement by 5:00 p.m. on the date three business days prior to the date of the Agreement; or (c) with respect to Acquired Corporation Returns and other Tax-, audit- and Xxxxxxxx-Xxxxx Act-related materials, either delivered in accordance with clause “(a)” or “(b)” of this definition or actually provided to Parent’s representatives for review while Parent’s representatives were conducting their due diligence review prior to the date of this Agreement on site: (i) at the San Francisco office of BDO Xxxxxxx, LLP; or (ii) at the Company’s offices.
Delivered. All notices, documents, instruments, materials, etc. given or provided by the parties to each other during the performance hereof shall be served at the addresses set forth herein or notified in writing by either party to the other party, unless otherwise agreed herein. If either party changes its address or changes its contact information, it shall notify the other party in writing. If the other party fails to fulfill the notification obligation, it shall be deemed to have fulfilled the obligation of service by mailing relevant materials to the original address; Where such materials are delivered in person, they shall be deemed delivered at the time of delivery; Delivery by express mail (EMS, UPS, DHL, FedEx, SF only) shall be deemed to have been delivered three days after mailing
Delivered. All drums delivered shall be in satisfactory condition with minimal dents, rust and contamination free. Unsatisfactory drums shall be rejected upon delivery with replacement required within 24 hours at no charge to the State.
Delivered. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day, specified in such Borrowing Request. In the case of Revolving Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender's obligation to make any Loan shall be affected by any other Lender's failure to make any Loan.
Delivered. 8 Within 7 days after execution of this Agreement (This page is blank below) Signature Page Transferor: Beijing Fengyin Xianghe Scientific Technology Co., Ltd. Authorized Representative: Transferee: China New Energy Investment Co.,Ltd Authorized Representative: Related Party of theTransferor: Xxxx Xxxxxxxx (Singature)： Date: Annex I List of Target Company and its Related Companies
Delivered. The words “delivered,” “provided” or “made available” or any variation thereof means such information was made available to Purchaser in the electronic data room used by the parties.
Delivered. This security is one of the series designated on the face hereof, limited in aggregate principal amount to $__________. All terms used in this Security that are defined in the Indenture or, if not defined in the Indenture, in the Amended and Restated Trust Agreement dated as of ______ __, 1998 (as modified, amended or supplemented from time to time the "Trust Agreement"), relating to ABI Capital Trust (the "Issuer Trust") among the Company, as Depositor, the Trustees named therein and the Holders from time to time of the Trust Securities issued pursuant thereto shall have the meanings assigned to them in the Indenture or the Trust Agreement, as the case may be. The Company has the right to redeem this Security (a) on or after ______ __, 2003 in whole at any time or in part from time to time, or (b) in whole (but not in part), at any time within 90 days following the occurrence and during the continuation of a Tax Event, Investment Company Event, or Capital Treatment Event, in each case at the Redemption Price described below, and subject to possible regulatory approval. The Redemption Price shall equal 100% of the principal amount hereof being redeemed, together with accrued interest to but excluding the date fixed for redemption. In the event of redemption of this Security in part only, a new Security or Securities for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof. [If applicable, insert - The Indenture contains provisions for defeasance at any time [of the entire indebtedness of this Security] [or] [certain restrictive covenants and Events of Default with respect to this Security] [, in each case] upon compliance by the Company with certain conditions set forth in the Indenture.] The Indenture permits, with certain exceptions as therein provided, the Company and the Trustee at any time to enter into a supplemental indenture or indentures for the purpose of modifying in any manner the rights and obligations of the Company and of the Holders of the Securities, with the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities to be affected by such supplemental indenture. The Indenture also contains provisions permitting Holders of specified percentages in principal amount of the Securities at the time Outstanding, on behalf of the Holders of all Securities, to waive compliance by the Company with certain provisions of the Indenture and certain past defa...