Entry into Agreement. 2.1 The following paragraphs of Clause 2 define the point at which an agreement between Canon and Supplier becomes binding (“Agreement”). The Agreement shall be governed by these Purchase Terms.
Entry into Agreement. Each Borrower represents, warrants and acknowledges that (i) the relationship between each Borrower and Lender is solely that of a borrower and a lender, and (ii) each Borrower is in sole control of its business and has entered into this Agreement as its own free act and voluntary deed, based upon its independent judgment as to its best interests.
Entry into Agreement. On or before January 31, 2019, one of the following: Asset Purchase Agreement Event, Equity Agreement Event or the Merger Agreement Event must have occurred in accordance with the terms of this Agreement; provided, however, nothing herein constitutes a consent by any Lender or Collateral Agent to any of the aforementioned.
Entry into Agreement. The Companies agree to enter into a new Power Pool Agreement upon terms substantially the same as those now in effect between Power Company and Service Company under their Power Pool Agreement dated December 29, 1960 and supplemental letter agreement 'dated November 27, 1964, but modified in order to (a) include Electric Company as a participant with representation on the Operating Committee thereunder, (b) provide for common ownership of facilities when so agreed by the Companies herein or hereafter, (c) provide that if any Company is not afforded the opportunity of ownership participation in the approximate ratio of its maximum "Accredited Demand" to the combined maximum "Accredited Demands" of the Companies in the first major unit constructed by any of the Companies subsequent to the 1976 Unit, such Company at any time after said subsequent unit is committed may itself build capacity which will be Accredited Capacity beginning with commercial operation of the first major unit constructed by any other Company or Companies subsequent to the 1976 Unit, (d) change the Contract Energy Rate from 0.5¢ per kilowatt hour to 0.4¢ per kilowatt hour, and (e) give effect to Sections 1.02 and 1.03 hereof.
Entry into Agreement. On or prior to 5:00 p.m., Eastern time, on Wednesday, December 20, 1995, Buyer shall deliver to Seller (i) appropriate evidence that Buyer's and Parent's respective Boards of Directors have authorized and approved the transaction contemplated herein, including without limitation, the execution, delivery and performance of this Agreement by Parent and Buyer, (ii) not less than two (2) original copies of this Agreement executed by Parent and Buyer and (iii) a check made payable to the Escrow Agent in the amount of $250,000.00 (the "Xxxxxxx Money"). If the foregoing are received by Seller in a timely manner, Seller shall (i) promptly execute and cause Owners to execute this Agreement and deliver a fully executed copy back to Buyer, and (ii) deposit the Xxxxxxx Money with the Escrow Agent pursuant to the Escrow Agreement. In the event that either (A) Seller or any Owner does not execute and deliver this Agreement to Buyer on or before December 22, 1995 or (B) the transaction contemplated herein fails to close due to (i) a failure of a condition precedent to Buyer's obligations as set forth in Section 7.01 hereof (other than Section 7.01(b) as it pertains to Buyer or Parent) to have been met on or before January 30, 1996, (ii) a default by Seller in a material obligation hereunder, which default is not cured within five (5) business days after written notice thereof is given to Seller by Buyer, or (iii) the termination of this Agreement by Seller pursuant to Section 10.01(d) hereof, the Xxxxxxx Money, plus all interest earned thereon, if any, shall be returned to Buyer. In all other events, the Xxxxxxx Money and accrued interest thereon shall be delivered to Seller. Upon the Closing, the Xxxxxxx Money will be delivered to Seller in partial satisfaction of Buyer's obligations hereunder. Seller and Buyer hereby covenant and agree to direct the Escrow Agent to deliver the Xxxxxxx Money plus interest earned thereon in accordance with the foregoing provisions.
Entry into Agreement. Each Authorized Scientist and Designated Recipient shall enter into an agreement directly with MethylGene, in a form acceptable to MethylGene, agreeing to comply with all applicable terms of this Agreement including, but not limited to, the requirements of this Section 3.8 and the use, disclosure and confidentiality restrictions set forth in Article VIII of this Agreement. In addition, for clarity, Otsuka shall be liable to MethylGene for any breaches of this Agreement by any Authorized Scientist or Designated Recipient.
Entry into Agreement. The Company expressly affirms and agrees that it has entered into this Agreement and assumed the obligations imposed on it hereunder to induce Indemnitee to continue as a director or officer, as the case may be, of the Company.
Entry into Agreement. The Companies agree to enter into a new Power Pool Agreement upon terms substantially the same as those now in effect under the Power Pool Agreement dated March 11, 1968, but modified in order to:
Entry into Agreement. Borrower represents, warrants and acknowledges that (i) the its relationship with Lender is solely that of a borrower and lender, and (ii) Borrower is in sole control of its business and has entered into this Agreement as its own free act and voluntary deed, based upon its independent judgment as to its best interests.
