ETS Assets definition

ETS Assets means that portion of the assets of the Exel Trust which correspond on a one-to-one basis with the ETS Liabilities.
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ETS Assets means the property and assets of ETS as a going concern, of every kind and description and wheresoever situated;
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Examples of ETS Assets in a sentence

  • ETS has not granted or entered into any agreement, option, understanding or commitment or any encumbrance of or disposal of the ETS Assets or an interest therein or any right or privilege capable of becoming an agreement or option with respect to the ETS Assets and will not do so prior to the Closing Date, save and except in any case which would not have a Material Adverse Effect.

  • Seller and Purchaser acknowledge and agree that although the ETS Trust has not yet been formed, Seller and Purchaser intend that the Company shall be considered as succeeding to Exel’s beneficial ownership rights in their entirety with respect to the ETS Assets.

  • ETS is a corporation duly incorporated, organized and validly subsisting and in good standing under laws of British Columbia, Canada, and has all the requisite corporate capacity and authority to enter into this Agreement and to perform its obligations hereunder and to carry on its business and to own, lease and operate the ETS Assets.

  • The Purchaser and its directors, officers, auditors, counsel and other authorized representatives shall be permitted to make such commercially reasonable investigations of the properties, the ETS Assets and businesses of ETS and its financial and legal conditions as the Purchaser reasonably deems necessary or desirable, provided always that such investigations shall not unduly interfere with the operations of ETS.

  • Seller and Purchaser agree to deal (and shall cause their respective Affiliates to deal) with the ETS Assets in a manner consistent with such intent, and agree that after the Closing Seller shall and it shall cause its Affiliates to refrain from giving instructions affecting the ETS Assets, other than such instructions as are necessary or appropriate to effect the transfer of the ETS Assets to the ETS Trust and other than as required by law or authorized by Purchaser.