is satisfied. For purposes of the foregoing, the Transfer in a single transaction or series of related transactions of all or substantially all of the assets of one or more Restricted Subsidiaries of Parent, the Capital Stock of which constitutes all or substantially all of the assets of Parent (determined on a consolidated basis for Parent and its Subsidiaries), shall be deemed to be the Transfer of all or substantially all of the assets of Parent. Upon any consolidation or merger in which Parent is not the continuing corporation, or any Transfer of all or substantially all of the assets of Parent in accordance with the foregoing, the Parent Surviving Entity shall succeed to, and be substituted for, and may exercise every right and power of, Parent under its Guarantee, this Indenture, the Registration Rights Agreement and the Security Documents with the same effect as if such Parent Surviving Entity had been named as such.
is satisfied. The parties will not sign a pretrial agreement and hence go to trial whenever either one of the inequalities in (4) is violated. It follows that, for any fixed quadruple of costs (cAP , cDA, cPT , cDT ) satisfying Assumption 1, there exists values of β ∈ (0, 1) such that a pretrial agreement will not be signed, and the parties will go to trial. Finally, for any given value of β ∈ (0, 1), there exist a vector of costs (cAP , cDA, cTP , cDT ) satisfying Assumption 1 such that a pretrial agreement will not be signed, and the parties will go to trial. By the time plaintiff and defendant reach the negotiation table of the pretrial agreement they already have paid (sunk) the costs needed to prepare for such a negotiation. Therefore such costs are effectively off the table: neither party has any incentive to compensate the other party for paying these ex-ante costs since by that time the costs have already been paid. It is then possible to envisage a whole range of situations in which one of the two parties will be able to guarantee himself a share of the surplus that is on the pretrial negotiation table that does not cover the preliminary costs he needs to pay to participate in such negotiation. This may be due either to the fact that such party does not have enough bargaining power in the pretrial negotiation or to the fact that his ex-ante costs are two high. In both cases the result is that the parties will not settle out of Court and the trial will take place. If the parties can shift some of the ex-ante costs to a later stage, after the pretrial ne- gotiation, such a negotiation will take these ex-post costs into account when deciding the settlement and hence the likelihood of a settlement will increase. However, it seems uncon- troversial that at least some of these costs cannot be reasonably shifted to a later stage. This is clearly true in the case of cognitive or opportunity costs associated with the time necessary to prepare for the settlement negotiation. Clearly some of these costs can be monetized by hiring an expert or a lawyer but, provided the costs need to be paid independently of the T ∈ 28Again, by simple inspection, for any β (0, 1) we can find a quadruple of costs (cAP , cAD , cP , cDT ) satisfying Assumption 1 such that the first inequality in (4) is violated, as well as one that ensures that the second inequality is violated. outcome, the result is unchanged. If anything agency problems might lead to an increase of the ex-ante costs and he...
is satisfied. V. The Purchaser would not have entered into the Purchase Agreement and would not consummate the transactions contemplated thereby if the sale of the Purchased Assets to the Purchaser, and the assumption and assignment and sale of the Assigned Contracts to the Purchaser, were not free and clear of all Encumbrances of any kind or nature whatsoever (except the Permitted Encumbrances and Assumed Liabilities), or if the Purchaser would, or in the future could, be liable for any of such Encumbrances.
is satisfied. Then, there exists a unique partial equilibrium price-quantity (α, p) ∈ Rn × Rn. Moreover, 2 p ∈ PU ∩ PU .
is satisfied. We can then substitute (A.1) into (A.4) to obtain (2). If instead
is satisfied. If the BF Management Committee Person (or a majority of the BF Management Committee Persons, as the case may be) shall not so object, the determination by the Management Committee of the Post-Debt Conversion Value shall be binding and conclusive. The fees and expenses of any Independent Appraiser determining the Post-Debt Conversion Value shall be borne by the Company and the determination by such Independent Appraiser of the Post-Debt Conversion Value shall be binding and conclusive.
is satisfied. In addition, a Security in respect of which a Holder has delivered a Purchase Notice or Fundamental Change Purchase Notice exercising the option of such Holder to require the Issuer to purchase such Security may be converted only if such notice of exercise is withdrawn in accordance with the terms of the Indenture.
is satisfied. For the purposes of the first subparagraph, the cover assets shall include any collateral received in connection with derivative contract positions.
is satisfied. For purposes of the foregoing, the Transfer in a single transaction or series of related transactions of all or substantially all of the assets of one or more Restricted Subsidiaries of Issuer, the Capital Stock of which constitutes all or substantially all of the assets of Issuer (determined on a consolidated basis for Issuer and its Subsidiaries), shall be deemed to be the Transfer of all or substantially all of the assets of Issuer Upon any consolidation or merger in which Issuer is not the continuing corporation or any Transfer of all or substantially all of the assets of Issuer in accordance with the foregoing, the Issuer Surviving Entity shall succeed to, and be substituted for, and may exercise every right and power of, Issuer under the Notes, this Indenture, the Registration Rights Agreement and the Security Documents with the same effect as if such Issuer Surviving Entity had been named as such.
is satisfied. Athens Group will perform the Project on a best- effort basis and will use its best efforts to complete the Project within six (6) months from the date the Project commences.
