KMG Chemicals definition
Examples of KMG Chemicals in a sentence
At the Effective Time, subject to Section 5.10, the certificate of formation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Corporation, except that the name of the Surviving Corporation shall be KMG Chemicals, Inc., until thereafter changed or amended as provided therein or by applicable Law.
Each Company will, upon the request of the holder of any Note, provide such holder, and any Qualified Institutional Buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as KMG Chemicals is subject to the reporting requirements of section 13 or 15(d) of the Exchange Act.
Each of KMG Chemicals and KMG ECI is a duly organized and existing Texas corporation in good standing, is duly qualified and in good standing as a foreign corporation in each other Jurisdiction where the failure to be so qualified might reasonably be expected to have a Material Adverse Effect.
KMG Chemicals has delivered to each Purchaser copies of the Most Recent Financial Statements.
Each of KMG Chemicals, KMG-Bernuth and KMG ECI has full power and authority to consummate the transactions contemplated by this Agreement.
Set forth on Schedule 9.3 is a complete and accurate list of (i) all holders of the Equity Interests of the Members of the Borrower Consolidated Group (other than KMG Chemicals), showing as of the Closing the Equity Interests owned by each Equity Owner, which Equity Interests have been validly issued, are fully paid and non-assessable, and are owned by such Persons free and clear of all Liens; and (ii) all the Equity Agreements.
You have been given this Agreement to consider on July 16, 2013 and any notice of acceptance or revocation should be made by you by hand delivery, mail, fax or email to ▇▇▇▇▇ ▇▇▇▇▇▇▇, General Counsel, KMG Chemicals, Inc., ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ Parkway South, Suite 600, Houston, TX 77009, Fax: (▇▇▇) ▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows: If to the Borrowers: [Name of Borrower] [c/o] KMG Chemicals, Inc.
KMG Chemicals is a duly organized and existing Texas corporation in good standing, is duly qualified and in good standing as a foreign corporation in each other Jurisdiction where the failure to be so qualified might reasonably be expected to have a Material Adverse Effect, and KMG Chemicals has full power and authority to consummate the transactions contemplated by this Agreement.
At least one Business Day prior to the date of the Closing, each Purchaser shall have received written instructions signed by a Responsible Officer on letterhead of KMG Chemicals confirming the information specified in Section 3 including (i) the name and address of the transferee bank, (ii) such transferee bank’s ABA number and (iii) the account name and number into which the purchase price for the Notes is to be deposited.