Fundamental Agreements. At Closing Time, each Fundamental Trust Agreement and Fundamental Company Document shall have been executed and delivered by all parties thereto, and all of the conditions to the obligations of the parties to the transactions contemplated under "Use of Proceeds and Collateral Arrangements" in the Trust Prospectus, including the parties to each Fundamental Trust Agreement and Fundamental Company Document, shall have been satisfied or waived by the parties entitled to the benefit of such conditions.
Fundamental Agreements. 2.3 GAAP.................................................................2.6
Fundamental Agreements. 20 (xvi) Conditions to Purchase of Option Securities......................... 20 (xvii)
Fundamental Agreements. Each Fundamental Agreement shall have been executed and delivered by all parties thereto, and the Contracting Stockholder shall have delivered to the Collateral Agent the number of shares of Series A Preferred Stock required by the Security and Pledge Agreement to be initially pledged and assigned by
Fundamental Agreements. The execution of the Fundamental Agreements by Xxxxxx and Xxxxx.
Fundamental Agreements. Following the expiration of the Feasibility Period, Xxxxx will prepare a draft form of each of the Fundamental Agreements for submission to and review by Seller and thereafter in good faith negotiate the terms of such instruments and agreements with Seller to conclusion or failure.
Fundamental Agreements. Deliver to the Buyer a duly executed counterpart of each of the Fundamental Agreements, except any agreement that is to be recorded at Closing and/or is conditioned upon Buyer fulfilling its obligations at closing shall be delivered to the Escrow Company with mutually agreed escrow instructions.
Fundamental Agreements. Deliver to the Seller a duly executed counterpart of each of the Fundamental Agreements.
Fundamental Agreements. Each Fundamental Agreement to which the Investment Adviser is a party has been duly executed and delivered by the Investment Adviser, as of the date noted therein, and each such Fundamental Agreement complies with all applicable provisions of the 1940 Act, the 1933 Act Regulations, the Advisers Act and the Advisers Act Rules and Regulations in all material respects. Assuming due authorization, execution and delivery by the other parties thereto with respect to the Fundamental Agreements, each Fundamental Agreement to which the Investment Adviser is a party constitutes a valid and binding agreement of the Investment Adviser, enforceable in accordance with its terms, except as affected by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, general equitable principles (whether considered in a proceeding in equity or at law) and an implied covenant of good faith and fair dealing and except as rights to indemnification or contribution thereunder may be limited by federal or state laws; provided further that the Investment Adviser makes no representation or warranty as to the effect of the representations and warranties expressed herein of (i) the compliance or noncompliance of any other party to any of the foregoing agreements with any state, federal or other laws or regulations applicable to them, (ii) the legal or regulatory status or the nature of the business of such party or (iii) the enforceability of any rights to indemnification or contribution that may be violative of public policy underlying any law, rule or regulation (regardless of whether enforceability is considered in a proceeding in equity or law).
Fundamental Agreements. The execution of the Fundamental Agreements by Seller and Buyer.
