PC Mall definition
Examples of PC Mall in a sentence
Notices shall be delivered as follows: If to the Company: PC Mall, Inc.
To the fullest extent permitted by Law, any distribution by the Company to the Person shown on the Company’s records as a Member or to its legal representatives shall relieve the Company of all liability to any other Person who may have an interest in such distribution by reason of any Transfer by the Member or for any other reason.
Notwithstanding anything to the contrary in this Section 8.1(a)(v), eCOST will file its Annual Financial Statements with the SEC on the same date that PC Mall files the PC Mall annual financial statements with the SEC unless otherwise required by applicable law.
Second Priority shall be to PC Mall pursuant to a Registration Request for Demand Registration pursuant to Section 2 hereof.
However, except as otherwise provided in Subsection 2(c) or (d) hereof, a Registration Request, once made, shall count as having been made for purposes of Subsection 2(a), unless it is withdrawn by PC Mall within fifteen (15) days after having been made or it is withdrawn before eCost devotes any significant efforts to the preparation of the registration statement.
Except as may be required by Section 411(d)(3) of the Code or other applicable law, nothing contained in this Article 3 shall have the effect of accelerating the degree to which any individual has a vested interest in the PC Mall Savings Plan or the eCost Savings Plan.
PC Mall and eCost each acknowledge that actions required to be taken pursuant to this Agreement may be subject to fiduciary duties or standards of conduct under ERISA or other applicable law, and no party shall be deemed to be in violation of this Agreement if it fails to comply with any provisions hereof based upon its good faith determination that to do so would violate such a fiduciary duty or standard.
PC Mall will, in its sole and absolute discretion, determine the date of the consummation of the Distribution and all terms of the Distribution, including without limitation, the form, structure and terms of any transaction(s) and/or offering(s) to effect the Distribution and the timing of and conditions to the consummation of the Distribution.
Unless expressly contemplated by this Agreement, in no event will the transactions contemplated by this Agreement alter the terms of the applicable notes or the loan provisions of the eCost Savings Plan or the PC Mall Savings Plan.
This Agreement may be terminated by PC Mall in its sole discretion at any time prior to the Closing Date.