Successors; Certain Covenants Sample Clauses

Successors; Certain Covenants. All the covenants and provisions of this Agreement by or for the benefit of the Company or the Rights Agent will be binding on and inure to the benefit of their respective successors and assigns hereunder.
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Successors; Certain Covenants. All the covenants and provisions of this Agreement by or for the benefit of the Company or the Rights Agent shall bind and inure to the benefit of their respective successors and assigns hereunder.
Sample 1Sample 2Sample 3See All (26)
Successors; Certain Covenants. 40 29. Benefits of This Agreement............................................. 40 30.
Sample 1See All (6)
Successors; Certain Covenants. 49 Section 29. Benefits of this Agreement........................................................................ 49 Section 30. Severability...................................................................................... 49 Section 31. Governing Law..................................................................................... 49 Section 32. Counterparts...................................................................................... 50
Sample 1See All (4)
Successors; Certain Covenants. 16 Section 20. Benefits of this Agreement . . . . . . . . . . . . . . . .16 Section 21. Determinations and Actions by the Board of Directors, etc.17 Section 22. Severability.. . . . . . . . . . . . . . . . . . . . . . .17 Section 23.
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Successors; Certain Covenants. 54 SECTION 29. BENEFITS OF THIS AGREEMENT..........................................................................54 SECTION 30. DETERMINATIONS AND ACTIONS BY THE BOARD OF DIRECTORS, ETC...........................................54 SECTION 31. SEVERABILITY........................................................................................55 SECTION 32. GOVERNING LAW.......................................................................................55 SECTION 33. COUNTERPARTS........................................................................................56 SECTION 34. DESCRIPTIVE HEADINGS................................................................................56 Exhibit A Form of Articles of Amendment of Series A Junior Participating Preferred Stock Exhibit B Form of Right Certificate Exhibit C Summary of Rights to Purchase Preferred Shares RIGHTS AGREEMENT This RIGHTS AGREEMENT, dated as of May 20, 1998 (this "Agreement"), is made and entered into by and between HUGHXX XXXPLY, INC., a Florida corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST COMPANY, a New York banking corporation (the "Rights Agent").
Sample 1
Successors; Certain Covenants. 49 Section 29. Benefits of this Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section 30. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section 31. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section 32. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Sample 1
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Successors; Certain Covenants. 32 29. BENEFITS OF THIS AGREEMENT................................................32 30. GOVERNING LAW.............................................................32 31. SEVERABILITY..............................................................32 32. DESCRIPTIVE HEADINGS, ETC.................................................33 33. DETERMINATIONS AND ACTIONS BY THE BOARD...................................33 34. COUNTERPARTS..............................................................33 Exhibit A....................................................................A-1 Exhibit B....................................................................B-1 Exhibit C....................................................................C-1 RIGHTS AGREEMENT ---------------- This RIGHTS AGREEMENT, dated as of March 6, 2002 (this "Agreement"), is made and entered into by and between Alderwoods Group, Inc., a Delaware corporation (the "Company"), and Wells Fargo Bank Minnestoa, National Association, as Rights Agent (the "Xxxhts Agent").
Sample 1

Related to Successors; Certain Covenants

  • Certain Covenants (a) The Company covenants that all shares of Common Stock issued upon conversion of Notes will be fully paid and non-assessable by the Company and free from all taxes, liens and charges with respect to the issue thereof.

  • Certain Covenants and Agreements The Company hereby covenants and agrees that:

  • Certain Covenant Defaults Borrower fails to perform any obligation under Section 6.5 or 6.6, or violates any of the covenants contained in Section 7.

  • Waiver of Certain Covenants Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

  • Certain Covenants and Agreements of the Company The Company covenants and agrees at its expense and without any expense to the Placement Agent as follows:

  • Certain Covenants of the Parties Seller and Company, on the one hand, and Buyer, on the other hand, hereby covenant to and agree with one another as follows:

  • Non-Performance of Certain Covenants and Obligations The Borrower shall default in the due performance or observance of any of its obligations under Sections 6.01(a), (b), (c) and (e), Section 6.07, Section 6.11 or Article VII; or

  • Termination of Certain Covenants The covenants set forth in Sections 2.4, 2.5, 2.6, 2.7, 2.8, 2.9 and 2.10 shall terminate and be of no further force or effect upon the consummation of (i) a Qualified Public Offering (as defined in the Restated Certificate) or (ii) a Liquidation Event (as defined in the Restated Certificate).

  • Suspension of Certain Covenants If at any time after the Issue Date (i) the Notes are rated Investment Grade by each of S&P and Xxxxx’x (or, if either (or both) of S&P and Xxxxx’x have been substituted in accordance with the definition of “Rating Agencies,” by each of the then applicable Rating Agencies) and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Company and its Restricted Subsidiaries will not be subject to the covenants in Section 4.06, Section 4.07, Section 4.09, Section 4.12, Section 4.13 and Section 5.01(a)(2)(C) (the foregoing, the “Suspended Covenants”). Additionally, during such time as the above referenced covenants are suspended (a “Suspension Period”), the Company will not be permitted to designate any Restricted Subsidiary as an Unrestricted Subsidiary. The Company shall promptly upon its occurrence deliver to the Trustee an Officer’s Certificate setting forth the occurrence of any Covenant Suspension Event or Reversion Date, and the dates thereof. The Trustee shall not have any obligation to monitor the occurrence and dates of a Covenant Suspension Event or Reversion Date and may rely conclusively on such Officer’s Certificate. The Trustee shall not have any duty to notify the Holders of any such events or dates. In the event that the Company and its Restricted Subsidiaries are not subject to the Suspended Covenants for any period of time as a result of the foregoing, and on any subsequent date (the “Reversion Date”) the condition set forth in clause (i) of the first paragraph of this section is no longer satisfied, then the Company and its Restricted Subsidiaries will thereafter again be subject to the Suspended Covenants with respect to future events. On each Reversion Date, all Indebtedness incurred during the Suspension Period prior to such Reversion Date will be deemed to be Indebtedness incurred pursuant to Section 4.06(b)(2). For purposes of calculating the amount available to be made as Restricted Payments under Section 4.07(a)(iii), calculations under such covenant shall be made as though such covenant had been in effect since the Issue Date and prior, but not during, the Suspension Period. Restricted Payments made during the Suspension Period will not reduce the amount available to be made as Restricted Payments under Section 4.07(a). For purposes of Section 4.12, on the Reversion Date, the amount of unutilized Excess Proceeds will be reset to zero. Notwithstanding that the Suspended Covenants may be reinstated, no Default or Event of Default shall be deemed to have occurred as a result of a failure to comply with the Suspended Covenants during a Suspension Period (or on the Reversion Date after a Suspension Period based solely on events that occurred during the Suspension Period).

  • Certain Covenants of the Company The Company hereby agrees:

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