Apex Unit definition
Examples of Apex Unit in a sentence
Purchaser shall be entitled to immediate possession of the Apex Unit upon the completion of the Closing of this Agreement, subject to Hecla's rights specified in Section 21(d) of this Agreement.
Hecla shall, effective immediately prior to the Closing Date, terminate, or transfer, in its sole discretion, those employees which it employs at the Apex Unit, and Purchaser shall be free, in its sole discretion, to hire those persons which it may thereafter wish to employ.
Purchaser has conducted a due diligence investigation of the Apex Unit and its associated business operations, and acknowledges that Hecla has provided and made available to Purchaser all information, records, and persons associated with the Apex Unit and its associated business operations requested by Purchaser.
There are no patents, trade names or trademarks used by Hecla in the conduct of the business of the Apex Unit.
No consent or approval of any Federal, state or local authority is required for the consummation or validity of the purchase of the Apex Unit, other than the approval of a lease of real property to Purchaser and an amendment of Hecla's Lease Agreement from the Shivwits-Paiute Band by the BIA.
Hecla has made available to Purchaser copies of all notices, data, reports or other information in Hecla's possession or control respecting any Hazardous Substances as defined in Section 21 of this Agreement ("Environmental Data") used or generated in connection with the Apex Unit, or disposed of or from the Property prior to the Closing Date.
No consent or approval of any Federal, state or local authority is required for the consummation or validity of the purchase of the Apex Unit, other than the approval of a lease of real property to Purchaser and an amendment of Hecla's Lease Agreement from the Shivwits-Paiute Band by the United States Department of the Interior, Bureau of Indian Affairs (hereinafter referred to as the "BIA").
Subject to Sections 6(m) and 21 of this Agreement, Hecla makes no warranty or representation of any type or character, written or implied, regarding Hazardous Substances situated on or environmental conditions associated with the Property, or that Hecla has complete knowledge or information about these matters and Purchaser hereby agrees to accept the Apex Unit in an "as is" condition.
To the best of Hecla's knowledge, (i) the business of the Apex Unit as presently conducted does not infringe upon any patent, trade name, trademarks, or other proprietary rights of third parties, (ii) there is no pending or threatened litigation against Hecla involving any patent, trade name, trademark or other proprietary right, and (iii) no third party is infringing upon any patent, trade name or trademark of Hecla used in the conduct of the business of the Apex Unit.
Hecla is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite power and authority (corporate and other) to own, use or deal in the Apex Unit.