The Original. Financial Statements fairly represent the Group’s financial condition and operations during the relevant financial period.
The Original. Financial Statements fairly present the consolidated financial position of the Target Group as of their respective dates or, as applicable, during the relevant period to which they refer (except that the September 2001 management accounts are subject to normal year-end adjustments which are not likely to be materially adverse to the Target Group taken as a whole).
The Original. Financial Statements do not consolidate the results, assets or liabilities of any person or business which does not form part of the Target Group.
The Original. Loan Agreement and the other Loan Documents shall each be deemed amended and supplemented hereby to the extent necessary, if any, to give effect to the provisions of this Agreement.
The Original. GUARANTORS under and as defined in the Credit Agreement (defined below); and
The Original. Employment Agreement and Employee's employment pursuant thereto are hereby terminated, without any further action by any of the parties, effective upon the consummation of the initial public offering of common stock, $.0001 par value, of Advanced Communications Group, Inc. (the "Offering"). The parties acknowledge that Employee shall not be entitled to any compensation or benefits whatsoever as a result of his termination other than payment of his salary of $1,000 per month accrued through the date of termination. Accordingly, the parties agree that upon such termination, Employee shall be deemed to have released and waived all his claims, contingent or matured, known or unknown against Acquisition Subsidiary or Corp. under the Original Employment Agreement, except for any claims for unpaid salary accrued prior to the termination of the Original Employment Agreement and his employment.
The Original. Trading Advisor agrees with each of the Manager, the Selling Agent and each Fund that it shall forfeit and surrender in favour of the New Trading Advisor any rights, benefits and entitlements under the Agreements (including, for the avoidance of doubt, any right to receive the Management Fee, as defined in the Agreements, and any right to be reimbursed any fees and expenses incurred by the Original Trading Advisor for which it is entitled to be reimbursed by the Manager or the Fund pursuant to the Agreements), whether in relation to matters arising before or after the Effective Date, and that it shall not be entitled to bring any claim under or in connection with the Agreements against the Manager, the Selling Agent or each Fund.
The Original. Financial Statements for each other Obligor were prepared in accordance with generally accepted accounting principles in the relevant jurisdiction consistently applied.
The Original. Funding Corporation and the Lessee shall have received the Termination, Discharge and Satisfaction of Collateral Trust Indenture and Collateral Assignment, dated as of the 1997 Refinancing Date, made by the Original Collateral Trust Trustee with respect to the Original Collateral Trust Indenture.
The Original. Borrower shall not unreasonably withhold or delay in giving its consent to any requested assignment, transfer or novation under this Agreement.