Notwithstanding Sections 7. 1.1 and 7.1.2, the Exchange will use reasonable efforts to notify Company as soon as reasonably feasible of any interruption, delay or corruption to the Information and the estimated time for remedying it. The quality of the Information provided by the Exchange to Company as regards timeliness, continuity, accuracy and completeness will be at the same level as similar information provided to other customers of the Exchange and the Exchange will not treat Company worse than any other customer of the Exchange with regard to the quality of the Information.
Notwithstanding Sections 7. 2.1 and 7.2.2 and any other provision of this Agreement, if at any time following the date of this Agreement, and prior to the approval by the Tahoe Shareholders of the Tahoe Resolution, provided that Tahoe is then in compliance with all of its obligations under this Agreement (including under Sections 7.2.1 and 7.2.2), Tahoe receives a bona fide unsolicited written Acquisition Proposal that:
Notwithstanding Sections 7. 1(a) and (b), and subject to the conditions and limitations set forth in Sections 7.2, 7.3 and 7.4 of this Agreement,
Notwithstanding Sections 7. 1 and 7.2 hereof, (i) Net Losses, if any, allocable to the period before the admission of any additional Members under Section 5.2 hereof shall be allocated ninety-nine percent (99.0%) to the Manager and one percent (1.0%) to the Initial Member, and Net Income during that same period, if any, shall be allocated to the Manager, and (ii) Profits or Losses allocable to the period commencing with the admission of any additional Members and all subsequent periods shall be allocated under Section 7.1.
Notwithstanding Sections 7. 2.1 and 7.2.2 and any other provision of this Agreement or of any other agreement between Randgold and Moto, if at any time following the date of this Agreement and prior to obtaining the Securityholder Approval of the Arrangement Resolution at the Moto Meeting, Moto receives a bona fide, written Acquisition Proposal that the Moto Board determines in good faith, after consultation with its financial advisors and outside counsel, constitutes or, if consummated in accordance with its terms (disregarding, for the purposes of any such determination, any term of such Acquisition Proposal that provides for a due diligence investigation), could reasonably be expected to be a Superior Proposal, then Moto may, provided it is in compliance with Sections 7.2.2 and 7.2.4:
Notwithstanding Sections 7. 1 and 7.2, you acknowledge and agree that we may cite the performance of the Services to you as an indication of our experience in our marketing brochures and other materials and in discussions with existing and/or prospective clients or business partners.
Notwithstanding Sections 7. 3B and 7.3C hereof, this Agreement shall not be amended, and no action may be taken by the General Partner, without the Consent of each Partner adversely affected thereby, if such amendment or action would (i) convert a Limited Partner Interest in the Partnership into a General Partner Interest (except as a result of the General Partner acquiring such Partnership Interest), (ii) modify the limited liability of a Limited Partner, (iii) alter the rights of any Partner to receive the distributions to which such Partner is entitled, pursuant to Article V or Section 13.2A hereof, or alter the allocations specified in Article VI hereof (except, in any case, as permitted pursuant to Sections 4.2, 5.5, 6.2B and 7.3C hereof), (iv) alter or modify the Redemption rights, Cash Amount, REIT Consideration, or REIT Shares Amount as set forth in Sections 8.6 and 11.2 hereof, or amend or modify any related definitions, or (v) amend this Section 7.3D; provided, however, that the Consent of each Partner adversely affected shall not be required for any amendment or action that affects all Partners holding the same class or series of Partnership Units on a uniform or pro rata basis. Further, no amendment may alter the restrictions on the General Partner's authority set forth elsewhere in this Section 7.3 without the Consent specified therein. Any such amendment or action consented to by any Partner shall be effective as to that Partner, notwithstanding the absence of such consent by any other Partner.
Notwithstanding Sections 7. 8 and 8.1(p) of the Revolving Credit Agreement and the definition of "Continuing Guarantee" in the Revolving Credit Xxxxxxxxx, XXX, XXX, and TDI International, Ltd. ("TDI International"), a Cayman Islands corporation, shall not be required to execute a Continuing Guarantee unless and until MHI or TDI become wholly owned Subsidiaries of Borrower and/or any one or more Subsidiaries.
Notwithstanding Sections 7. 2.1 and 7.2.2 and any other provision of this Agreement or of any other agreement between the Parties or between Xxxxxxxxx and any other person, including the provisions of any confidentiality or standstill agreement, if at any time following the date of this Agreement and prior to obtaining the approval of the Arrangement Resolution at the Xxxxxxxxx Meeting, Xxxxxxxxx receives a written Acquisition Proposal that the Xxxxxxxxx Board determines in good faith, after consultation with its financial advisors and Xxxxxxxxx Counsel, constitutes or could reasonably be expected to result in a Superior Proposal, then Xxxxxxxxx may, provided it is in compliance with Sections 7.2.1 and 7.2.4:
Notwithstanding Sections 7. 2.1 and 7.2.2 and any other provision of this Agreement or of any other agreement between the Parties or between Skye and any other person, including the provisions of any confidentiality or standstill agreement, if at any time following the date of this Agreement and prior to obtaining the approval of the Arrangement Resolution at the Skye Meeting, Skye receives a written Acquisition Proposal that the Skye Board determines in good faith, after consultation with its financial advisors and outside counsel, constitutes or, if consummated in accordance with its terms, could reasonably be expected to be a Superior Proposal, then Skye may, provided it is in compliance with Section 7.2.4:
