BMOC definition
Examples of BMOC in a sentence
Pursuant to the terms of the Wyndham Stock Plans, at the Effective Time, all Existing Wyndham Options will be assumed by Patriot or BMOC in accordance with the provisions of Section 5.2(d).
The provisions of this Article 2, the BMOC Stock Issuance and the Wyndham/BMOC Subscription Agreement are intended to comply and shall be interpreted in a manner consistent with Sections 2(a) and 2(b) of the Pairing Agreement.
As of the date hereof, Patriot has no knowledge, without independent inquiry, of any facts indicating that the foregoing representations made by CJC and BMOC are inaccurate.
Each of Patriot, Cal Jockey and BMOC agrees that the information provided by it for inclusion in the Offer Documents, and each amendment or supplement thereto, will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.
Except as set forth above and except as contemplated herein, there are no options or agreements relating to the issued or unissued capital stock of BMOC or any subsidiary of BMOC, or obligating BMOC or any subsidiary to issue, transfer, grant or sell any shares of capital stock of, or other equity interests in, or securities convertible into or exchangeable for any capital stock or other equity interests in, BMOC or any subsidiary.
Cal Jockey and BMOC shall use its best efforts, and shall take all actions requested of it, to consummate the Offer, provided however, Patriot, Cal Jockey and BMOC shall not be required to waive any conditions to the Offer.
Any such access shall commence forthwith, and shall be conducted in such a manner so as not to interfere unreasonably with the business or operations of BMOC, Cal Jockey, Patriot or Patriot Operating Partnership, respectively.
Cal Jockey and BMOC will immediately communicate to Patriot the receipt of any third party solicitation, proposal or bona fide inquiry that Cal Jockey, BMOC or any of their Representatives may receive in respect of any such transaction, or of any request for such information.
Except as set forth in the BMOC Disclosure Schedule, none of the BMOC SEC Reports, as of their respective dates, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except for such statements, if any, as have been modified or superseded by subsequent filings prior to the date hereof.
Notwithstanding the foregoing, the outstanding Indebtedness of any of Patriot, the Patriot Subsidiaries, BMOC or the BMOC Subsidiaries prior to the Effective Time may exceed $1,250,000,000 in the aggregate if and to the extent the Interim Transactions Committee (as hereinafter defined) so approves.