Examples of APL Sub in a sentence
From and after the date hereof until the termination of this Agreement, APL and APL Sub agree to use commercially reasonable efforts to obtain the consent of the Required Lenders and, if necessary, the release of any collateral to be conveyed under this Agreement.
Section 3.7 of the APL Disclosure Letter contains a complete and correct list, as of the date hereof, of all Contracts between (i) Laurel Mountain or one or more of its Subsidiaries, on the one hand, and any APL Party or one or more of its Affiliates, on the other hand, and (ii) APL Sub, on the one hand, and any of its Affiliates, on the other hand, that relate to the Laurel Mountain Business.
Since December 31, 2009, there has not been any action taken by APL Sub that, if taken during the period from the date of this Agreement through the Closing, would constitute a breach of any of the covenants set forth in Section 5.3(b)(i), 5.3(b)(vii) or 5.3(b)(ix).
Upon the terms and subject to the conditions set forth herein, at the Closing, APL Sub shall sell, transfer, convey, assign and deliver to ATN, and ATN shall purchase and acquire from APL Sub, all of APL Sub’s right, title and interest in, to and under the Acquired LMM Interest.
ATN hereby waives any rights that ATN may have pursuant to Section 2 of the ATN Option Agreement, dated as of June 1, 2009, by and among ATN, Atlas Pipeline Operating Partnership, L.P. and APL Sub in respect of any of the transactions contemplated by this Agreement, including the transfer of the Acquired LMM Interest by APL Sub contemplated hereby.
If Optionholder wishes to exercise the Right of First Refusal, Optionholder must provide notice of its election (the “ROFR Election Notice”), to APL Sub within 5 business days of receipt by Optionholder of the ROFR Notice (the “ROFR Election Period”), or Optionholder shall be deemed to have waived its Right of First Refusal for the subject Transfer, but not any Right of First Refusal for future Transfers by APL Sub.
If, however, APL Sub is unable to consummate the Transfer of the Marketed Interest to a third party within the 120-day period following expiration of the ROFR Election Period, the proposed Transfer shall again become subject to the Right of First Refusal in Section 2(a).
If a APL Sub at any time desires to consummate a bona fide transaction that will result in the Transfer of all or a portion of its Interest in the Joint Venture Company (whether or not the proposed Transfer is to another Member of the Joint Venture Company), then APL Sub shall promptly give notice thereof (the “ROFR Notice”) to Optionholder.
Promptly after the date hereof, ATN and APL Sub shall execute and deliver to Wxxxxxxx Sub and Laurel Mountain a document in the form of Exhibit B.
Atlas and ATN hereby agree to furnish to APL and APL Sub, concurrently with the execution and delivery thereof, copies of any amendments, supplements and restatements of, and any waivers of any of the terms or conditions of, any Specified Agreement.