The Investment Agreement. Notwithstanding anything in this Agreement to the contrary, none of the events set forth in clauses (i), (ii), (iii), (iv) or (v) of this paragraph shall cause (a) the Rights to become exercisable or give any holder of the Rights any legal or equitable right, remedy or claim under this Agreement, (b) the Elutions Group or any member thereof to be or become (or be deemed to be or deemed to become) an Acquiring Person, (c) a Stock Acquisition Date to occur (or be deemed to occur) or (d) a Distribution Date to occur (or be deemed to occur): (i) any approval, execution and delivery of the Investment Agreement or any other transaction document contemplated thereby, (ii) any consummation of any of the transactions contemplated by the Investment Agreement or any other transaction document contemplated thereby, including as a result of or in connection with any issuance, exercise or conversion (and any issuance of shares of Common Stock upon exercise or conversion) of warrants issued or issuable pursuant to the Investment Agreement (or any other transaction document contemplated thereby), (iii) any compensation to the Elutions Group or any member thereof in connection with service as a member of the Board of Directors of the Company, (iv) any transfers of securities of the Company between or among members of the Elutions Group or (v) any public announcement of any of the foregoing.”
The Investment Agreement. (a) The Company hereby expressly waives any breach of Section 6.1 of the Investment Agreement (the "Investment Agreement"), dated as of August 6, 1997, between DuPont and the Company that is caused by the execution, delivery and/or performance of this Agreement or the events leading to the execution and delivery of this Agreement.
The Investment Agreement. This Note is one of the duly-authorized issue of 12% Senior Secured Convertible Notes Due 2007 of the Company (collectively, the "Notes") issued under that certain Investment Agreement, dated as of December 27, 2001 (as amended, supplemented or otherwise modified from time to time, the "Investment Agreement"), among the Parent, the Company and Clayton, Dubilier & Rice Fund VI Limited Partnership (the "Initial Holxxx"), and reference is hereby made to the Investment Agreement for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Parent, the Company (and any other obligor upon the Notes) and each Holder, and of the terms upon which the Notes are, and are to be, delivered. The terms of the Notes include those stated in the Investment Agreement. The Notes are subject to all such terms, and Holders are referred to the Investment Agreement for a statement of such terms. In the event of any conflict or inconsistency between the terms of this Note and the terms of the Investment Agreement, the terms of the Investment Agreement shall control and govern. Defined terms used in this Note without definition have the meanings given to them in the Investment Agreement. The Company will furnish to any Holder, without charge, upon the written request of such Holder, a copy of the Investment Agreement. Requests may be made to: Acterna LLC 20410 Observation Drive Germantown, Maryland 20876 Xxxx: Xxxxxxx Xxxxxxx
The Investment Agreement. On 23 November 2018, the Company, Jiangxi Shipbuilding, Yangzijiang Shipbuilding and Xxxx Xxxxxxx entered into the Investment Agreement pursuant to which the parties agreed to, among other things, establish the Mining Co and to reorganise the shipbuilding business and assets of Jiangxi Shipbuilding. Principle terms of the Investment Agreement are as follows: Date: 23 November 2018 Parties: (i) Yangzijiang Shipbuilding;
The Investment Agreement. On 23 March 2016 (after trading hours), the Company entered into the Investment Agreement, the principal terms of which are set out below: Date 23 March 2016 Parties
The Investment Agreement. The Board wishes to announce that on 4 December 2019 (after trading hours), Wonder Pax, Megahunt, Megahunt HK, Hi Sun, Management Shareholders, Ju Xin Fund and Xxx Xxxx Xin entered into the Investment Agreement. The principal terms of the Investment Agreement are set out below. Principal terms of the Investment Agreement Date
The Investment Agreement. Notwithstanding anything contained in this Agreement to the contrary, (A) neither the approval, execution, delivery or public announcement of the Investment Agreement nor the consummation of the transactions contemplated thereby (including, without limitation, the conversion of the Convertible Preferred Securities into shares of Common Stock) or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) Bank of America or any of its Affiliates or Associates to be an Acquiring Person, (c) a Stock Acquisition Date to occur or (d) a Distribution Date to occur and (B) solely for purposes of determining whether Bank of America or any of its Affiliates is an Acquiring Person, until such time as the standstill obligations set forth in Section 4.06 of the Investment Agreement lapse in accordance with Section 4.06(c) thereof, the Convertible Preferred Securities acquired by Bank of America or its Affiliates in the Purchase, and any shares of Common Stock issued upon conversion of such Convertible Preferred Securities and held by Bank of America or any of its Affiliates, shall be excluded from the shares of Common Stock deemed hereunder to be Beneficially Owned by Bank of America or its Affiliates.
The Investment Agreement. MCI and BT agree that each will notify the other immediately if any inquiries or proposals are received by, any information is requested from, or any negotiations or discussions are sought to be initiated or continued with, either MCI or BT or any of their respective affiliates or representatives regarding any Acquisition Proposal with respect to such other party.
The Investment Agreement. The Investment Agreement and Continuing Guaranty, the Pledge and Security Agreement and the other agreements and documents required to be executed and delivered to the Purchaser pursuant thereto shall have been fully executed by all of the parties thereto and all of the conditions precedent to the transactions contemplated thereby shall have been satisfied or waived. Without limiting the generality of the foregoing, the Purchaser shall have received all of the collateral required to be delivered to the Purchaser under the Investment Agreement or any agreement entered into in connection therewith and shall have received such further documentation related thereto as the Purchaser may have reasonably requested.
The Investment Agreement. The principal terms of the Investment Agreement are summarised below: Date: 26 November 2020 Parties: (i) Lingang Committee; and
