Savia definition
Examples of Savia in a sentence
Each of the representations and warranties made by Savia in this Agreement shall be true and correct in all material respects on and as of the Closing Date as though such representation or warranty was made on and as of the Closing Date.
Savia shall have performed and complied with, in all material respects, each agreement, covenant and obligation required by this Agreement to be so performed or complied with by Savia at or before the Closing.
The Master Servicer shall pay the costs of enforcing the obligations of a Sub-Servicer at its own expense, and shall be reimbursed therefor only (i) from a general recovery resulting from such enforcement, to the extent, if any, that such recovery exceeds all amounts due in respect of the related Mortgage Loans, or (ii) from a specific recovery of costs, expenses or attorneys' fees against the party against whom such enforcement is directed.
Other than this Agreement, there is not in effect on the date hereof any agreement by Bionova or any of its Subsidiaries pursuant to which any holders of securities of Bionova or any of its Subsidiaries (other than Savia and its Affiliates) have a right to cause Bionova to register such securities under the Securities Act.
No failure or delay (whether by course of conduct or otherwise) by Bionova or Savia in exercising any right, power or remedy which either may have under any of the Transaction Documents shall operate as a waiver thereof or of any other right, power or remedy, nor shall any single or partial exercise by Bionova or Savia of any such right, power or remedy preclude any other or further exercise thereof or of any other right, power or remedy.
All covenants and agreements in this Agreement shall survive the Closing or the issuance to Savia of the 26,959,097 shares of Common Stock and the delivery of the 26,959,097 shares of Common Stock to Savia and the other Transaction Documents.
The various representations and warranties in this Agreement shall not survive the Closing or the issuance to Savia of the 26,959,097 shares of Common Stock and the delivery of the 26,959,097 shares of Common Stock to Savia and the other Transaction Documents.
Immediately prior to the effectiveness of the Merger, Savia agrees to forgive $53,033,424.84 of the principal amount of the Bionova Note, which is all of the principal balance of the Bionova Note that will remain outstanding following the consummation of the Exchange, and all accrued and unpaid interest thereon.
Savia agrees to credit $2,426,318.73 of the $55,459,743.57 principal amount of the Bionova Note for 26,959,097 shares of Common Stock, subject to the terms and conditions set forth herein.
Savia acknowledges that an investment in the 26,959,097 shares of Common Stock involves a high degree of risk and represents that it understands the economic risk of such investment.