OMEX definition
Examples of OMEX in a sentence
Notwithstanding anything herein or in the LLC Agreement to the contrary, OMEX retains the right, in its sole discretion, to determine whether or not it will provide any Contributed Assets to OML hereunder, and nothing in this Agreement requires or obligates OMEX or any of its Affiliates to provide, supply or otherwise contribute any Contributed Assets, whether pursuant to a Contribution Request, the LLC Agreement or otherwise.
Section 3.2. Odyssey’s obligation to deliver the OMEX Shares as set forth herein shall be subject to the following conditions precedent in addition to those set forth in Section 3.1: AHMSA shall have delivered to Odyssey complete and valid instruction for the delivery of the OMEX Shares into a DRS account at Computershare or to a brokerage account in AHMSA’s name (or in the name of AHMSA’s designee) in customary form.
OML shall be responsible for all sales or use Taxes imposed or assessed as a result of the provision of Contributed Assets by or on behalf of OMEX or the Purchaser.
OMEX and Seller agree that they will, and will cause their Affiliates to, in their capacity as board members of the Company, consent to any transfer of Purchased Units, under the Company Membership Agreement or otherwise, that the Buyer (or any successor in interest to Purchased Units) may propose to make, so long as such transfer is in accordance with applicable securities laws.
Neither OML nor OMEX shall be liable for the nonperformance or delay in performance of its respective obligations under this Agreement when such failure is due to a Force Majeure Event.
As an inducement to Buyer to execute and deliver this Agreement, the Seller, the Company, and OMEX jointly and severally make the following representations and warranties to Buyer, each of which is true and correct on the date hereof and shall survive the consummation of the transactions contemplated hereby.
OML may not assign its rights or obligations hereunder without the prior written consent of OMEX.
Subject to Section 4.02, this Agreement shall terminate in its entirety on the later of (i) June __, 2027, and (ii) date upon which OMEX has notified OML that it has no continuing obligation to provide any Contributed Assets pursuant to an outstanding Contribution Request that OMEX has agreed to perform.
If OMEX proposes to modify any portion of the Contribution Request, the Parties shall work together in good faith to agree on the terms of any such modifications within a reasonable time.
None of the Seller, Company, or OMEX have any knowledge of any threatened suspension, revocation, invalidation, or other challenge to the Concession or such other licenses, permits, approval, authorizations, or consents.