GBX definition
Examples of GBX in a sentence
At Closing, MYHI shall reserve such number of MYHI Common Stock to satisfy the issuance of the MYHI Shares, and shall cause to be provided to the Exchange Agent at the Closing, a duly signed Directors Resolution authorizing the issuance of the shares of MYHI Common Stock to the GBX Shareholders pursuant to this Agreement.
Upon termination of this Agreement, in whole or in part, all rights granted to Licensee in respect of the subject matter of the termination shall revert to GBX, Licensee shall immediately discontinue use of the affected Products within the scope of the termination and Licensee shall certify in writing to GBX within ninety (90) days that the affected copies of the Products, in whole or in part, in any form, have either been returned to GBX or destroyed in accordance with GBX's instructions.
The Agent has received a certificate as to the good standing of each Facility Party, GBX Leasing and the Manager from its jurisdiction of organization, as of a recent date.
THE ABOVE LIMITATIONS AND DISCLAIMERS SHALL APPLY EVEN IN THE EVENT OF A BREACH BY GBX OF A CONDITION OR FUNDAMENTAL TERM OF THIS AGREEMENT OR A BREACH WHICH CONSTITUTES A FUNDAMENTAL BREACH OF THIS AGREEMENT.
The balance sheets and the notes thereto included in the financial statements referred to in this subsection (a) above disclose all liabilities, actual or contingent, of GBX and its consolidated Subsidiaries as of the date thereof required to be disclosed therein in accordance with GAAP.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GBX BE LIABLE FOR ANY LOSS OF PROFITS, SAVINGS OR GOODWILL, LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) THAT RESULT FROM THE USE OF SOFTWARE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE, EVEN IF LICENSEE OR AN AUTHORIZED REPRESENTATIVE OF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GBX shall have sole control of the defense of any such claim or suit including appeals and of all negotiations for settlement, including the right to effect the settlement or compromise thereof.
Licensee agrees that any copies of the Software or Documentation which it makes pursuant to this Agreement shall bear all patent, copyright, trade secret, trademark or other restrictive and proprietary notices included therein by GBX and, except as expressly authorized herein, Licensee shall not distribute any copies of the Software or Documentation to any third party.
No party other than the Borrower, GBX or GMS holds (i) an original executed counterpart of any Lease that constitutes “tangible chattel paper” in which any party can obtain a security interest by possession under the Uniform Commercial Code or (ii) the single authoritative copy of any Lease that constitutes “electronic chattel paper” under the Uniform Commercial Code.
The Agent has received a copy of the Organizational Documents of each Facility Party, GBX Leasing and the Manager, in each case certified as of a recent date by its jurisdiction of organization.