Examples of Emerisque in a sentence
The parties hereto acknowledge, confirm and agree that it shall constitute an Event of Default under the Loan Agreement and the other Financing Agreements if (a) any Borrower or Guarantor fails to comply with the covenants, conditions and agreements contained herein or (b) there occurs any default by Borrowers under the Emerisque APA, which default continues for more than the applicable cure period, if any, with respect thereto and/or is not waived in writing by the other parties thereto.
At least five (5) days prior to the Sale Hearing, Emerisque or such other Successful Bidder shall deliver to Agent, for the benefit of itself and the other Lenders, a financing commitment satisfactory to Agent demonstrating, among other things, that Emerisque or such other Successful Bidder has the financial wherewithal to consummate the Sale.
Notwithstanding anything to the contrary contained in Amendment No. 8, not later than July 31, 2009, (a) the Emerisque Sale Closing Date shall occur and (b) Borrowers shall remit to the Agent Payment Account on the Emerisque Sale Closing Date all of the proceeds of such Sale.