FCOA definition
Examples of FCOA in a sentence
Subject to the provisions of Section 4 hereof, this Warrant may be transferred, in whole or in part, to any person or business entity, by presentation of the Warrant to the Company with written instructions for such transfer; provided, however, that unless an Event of Default (as defined in the Loan Agreement) has occurred and is continuing, Holder shall not transfer this Warrant to any supplier or vendor of the Company or any company engaged in the same business as the Company or FCOA Acquisition Corp.
The inventory and supplies of FCOC and FCOA are adequate for their present needs and their needs in the reasonably foreseeable future, and are in usable and salable condition in the ordinary course of business.
FCOC and FCOA will promptly advise the Purchaser in writing of any material adverse change in the business, condition, operations, prospects or assets of FCOC and FCOA.
Schedule 4.18 sets forth the ten (10) largest suppliers of each of FCOC and FCOA for fiscal year 2000.
There is no pending or, to the best knowledge of FCOC and FCOA, threatened, lawsuit, action, claim or proceeding by any third party alleging or asserting that either FCOC or FCOA has violated or is about to violate any applicable Environmental Law.
From and after the date of this Agreement, neither FCOC nor FCOA shall sell, lease, encumber or otherwise dispose of any right, title or interest in any of the Assets, except in the ordinary course of business.
Except as fully described on Schedule 4.15, neither FCOC nor FCOA has experienced any work stoppage during the last twelve months.
FCOC and FCOA have delivered to the Purchaser true, correct and complete copies of all such contracts (or written summaries of oral contracts), together with all modifications and supplements thereto.
Neither FCOC nor FCOA is in breach of any of the provisions of any such contract, nor, to the knowledge of FCOC and FCOA, is any other party to any such contract in default thereunder, except (a) for any such breach or default that individually and in the aggregate would not have a Material Adverse Effect, and (b) breaches or defaults due either to the commencement of the Case or the effect of the Bankruptcy Code on FCOC and FCOA's right to pay prepetition liabilities.
FCOC and FCOA shall use commercially reasonable efforts to preserve their business organization intact, to keep available to the Purchaser the present key officers and employees of FCOC and FCOA, and to preserve for the Purchaser the present relationships of the suppliers and customers of FCOC and FCOA and others having business relations with either FCOC or FCOA.