ACS2 definition
Examples of ACS2 in a sentence
This Agreement and all other such agreements and documents executed in connection herewith by ACS2, upon due execution and delivery thereof, will constitute the valid and binding obligations of ACS2, enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization or similar laws effecting creditors' rights generally and by general principles of equity.
Since the date of its organization and incorporation, ACS2 has consistently observed and operated within the corporate formalities of the jurisdiction in which it is incorporated, and has consistently observed and complied with the general corporation law of such jurisdiction.
ACS2 is a corporation duly organized, validly existing and in good standing in the State of Delaware, and is not required to be duly qualified to do business as foreign corporation in any other jurisdiction.
There are no voting trusts, voting agreements, shareholders' agreements or other comparable commitments or understandings to which Advanced is a party or by which Advanced is bound with respect to the voting of any Advanced Stock or capital stock of any other ACS2 Subsidiary.
Subject to obtaining certain third party consents, ACS2 has the full right, power and authority to execute, deliver and carry out the terms of this Agreement and all documents and agreements necessary to give effect to the provisions of this Agreement.
The indemnification obligations under this Article IX are the sole and exclusive remedies available to ACS2, Advanced, Dynamic and the LLC with respect to this Agreement and the transactions contemplated hereunder.
SECTION 5 A laid off employee shall have recall rights for a period of six (6) months or the length of their seniority, whichever is greater, but not greater than one (1) year.
The authorized capital stock of ACS2 consists of 10,000,000 shares of $0.01 par value common stock.
Each ACS2 Subsidiary is a corporation duly organized, validly existing, in good standing and duly qualified as a foreign corporation in the respective jurisdictions set forth in Exhibit 3.1 attached hereto.
Consequently, either Dynamic or ACS2 may cause a liquidation of the LLC to occur, as contemplated under Section 8.4 of the Contribution Agreement and Article XII of the LLC's Operating Agreement, in order to reverse the transactions consummated pursuant to the terms of the Contribution Agreement and to dissolve the LLC.