Magnetation definition
Examples of Magnetation in a sentence
Magnetation has no knowledge of any fact which is not in the public domain and which Magnetation has not disclosed to AKS in writing, which could reasonably be expected to have a Material Adverse Effect.
Magnetation is specifically authorized to act as the “Tax Matters Partner” under the Code and in any similar matter under the state Law.
No event has occurred, including the failure by each of Magnetation and the Company to give any notice or information, or Magnetation or the Company giving any inaccurate or erroneous notice or information, which limits or impairs the rights of Magnetation or the Company under any such Applicable Insurance Policies.
The Parties acknowledge that the aforementioned exclusivity restriction shall not limit Magnetation and AKS from mutually agreeing, each in their sole discretion, to collaborate on projects, whether within the Company or to be governed by other future binding agreements, which could include, inter alia, granting a license to the Licensed Technology to other Persons.
Within five (5) Business Days of the earlier of (i) the Phase II Abandonment Date, (ii) the Phase II Completion Date, (iii) the tenth (10th) anniversary of the date of this Agreement, or (iv) the date of any Uncured AKS Contribution Default, any funds held in the Magnetation Capital Reserve Account shall be released to Magnetation.
Notwithstanding the foregoing, (1) during the pendency of an Uncured AKS Contribution Default, Magnetation shall not be bound by the restriction on transfers provided by this Article 8 and (2) notwithstanding the provisions of Section 8.5, Magnetation shall not, for so long as it is a Member, Transfer its Interest to a Person engaged in the production of iron ore or steel or to a Person who is an Affiliate of any such Person engaged in the production of iron ore or steel.
Other than (a) a certain Technology License Agreement dated August 19, 2011 (“MR License”), existing as of the Effective Date between Magnetation and Mining Resources, LLC and (b) any license or licenses that Magnetation may elect to provide to or in connection with joint ventures with ▇▇▇▇▇▇▇, Inc.
After contribution of the Contributed Magnetation Assets, the Company will have good and marketable title to, or will hold pursuant to valid and binding leases, all of the Contributed Magnetation Assets, free and clear of any and all liens, security interests or encumbrances.
This Appendix A is attached to and is a part of the Amended and Restated Operating Agreement dated October 4, 2011 (the “Agreement”) of Magnetation LLC (the “Company”).
Such allocation of additional Units to Magnetation shall be deemed to cure the default resulting from AKS’ failure to make its Capital Contributions pursuant to Article 2 and, from and after the sixty-first (61st) day referenced above, the provisions of Section 15.1 shall no longer be applicable to such past default.