Obligations of Buyer and Seller. (a) Seller and Buyer hereby acknowledge and agree that Buying Fund is a separate investment portfolio of Buyer, that Buyer is executing this Agreement on behalf of Buying Fund, and that any amounts payable by Buyer under or in connection with this Agreement shall be payable solely from the revenues and assets of Buying Fund. Seller further acknowledges and agrees that this Agreement has been executed by a duly authorized officer of Buyer in his or her capacity as an officer of Buyer intending to bind Buyer as provided herein, and that no officer, trustee or shareholder of Buyer shall be personally liable for the liabilities or obligations of Buyer incurred hereunder. Finally, Seller acknowledges and agrees that the liabilities and obligations of Buying Fund pursuant to this Agreement shall be enforceable against the assets of Buying Fund only and not against the assets of Buyer generally or assets belonging to any other series of Buyer.
Obligations of Buyer and Seller. At the Closing, Seller shall sell and Buyer shall purchase for the Purchase Price the Shares.
Obligations of Buyer and Seller. (a) Seller and Buyer hereby acknowledge and agree that Buying Fund is a xxxxxate ixxxxxment portfolio of Buyer, that Buyer is executing this Agreement on behalf of Buying Fund, and that any amounts payable by Buyer under or in connection with this Agreement shall be payable solely from the revenues and assets of Buying Fund.
Obligations of Buyer and Seller. Selling Fund and Buying Fund hereby acknowledge and agree that Selling Fund and Buying Fund are each a separate investment portfolio of the Trust, that the Trust is executing this Agreement on behalf of Selling Fund and Buying Fund, and that any amounts payable by the Trust under or in connection with this Agreement shall be payable solely from the revenues and assets of Selling Fund and/or Buying Fund, as applicable. Selling Fund and Buying Fund further acknowledge and agree that this Agreement has been executed by a duly authorized officer of the Trust in his or her capacity as an officer of the Trust intending to bind the Trust as provided herein, and that no officer, trustee or shareholder of the Trust shall be personally liable for the liabilities or obligations of the Trust incurred hereunder. Finally, Selling Fund and Buying Fund acknowledge and agree that the liabilities and obligations of Selling Fund and Buying Fund pursuant to this Agreement shall be enforceable against the assets of Selling Fund and Buying Fund, respectively, only and not against the assets of the Trust generally or assets belonging to any other series of the Trust.
Obligations of Buyer and Seller. Commencing on the date set forth in the preamble to this Agreement, on the terms and subject to the conditions of this Agreement, each Party shall use its commercially reasonable efforts to take, or cause to be taken, all appropriate action, and do, or cause to be done, and assist and cooperate with the other Party in taking or doing, all things necessary, proper or advisable to consummate the transactions contemplated hereby, including, without limitation the satisfaction of the conditions set forth in Section 10.1.
Obligations of Buyer and Seller a. The Buyer irrevocably undertakes that the GOLD remains the property of the Seller until the Seller has received full and final payment for the full consignment of gold in the price quoted under Clause 4 of this Sales Purchase Agreement.
Obligations of Buyer and Seller. (a) During the period prior to Closing, Buyer shall use its reasonable good faith efforts to apprise Seller of any “recognized environmental conditions” (as that term is defined in the Phase I Standard) or concentrations of Hazardous Materials at, on, under or around that particular property or location (including, without limitation, the soil, groundwater, surface water, sediment or other media) in exceedance of applicable Clean Up Standards of which Buyer becomes aware.
Obligations of Buyer and Seller. Whenever this Agreement requires a Subsidiary of Buyer to take any action, such requirement shall be deemed to include an undertaking on the part of Buyer to cause such Subsidiary to take such action. Whenever this Agreement requires a Subsidiary of Seller to take any action, such
Obligations of Buyer and Seller. Each of the Buyer and Seller hereby acknowledges and agrees that it shall have the rights and obligations with respect to the Mexican Subsidiary that it has received or assumed under the Asset Purchase Agreement.
