Examples of Scheduled Bonds in a sentence
Purchaser shall have delivered to Seller a letter of credit or surety bond, duly executed by the financial institution that is the issuer thereof, in respect of, and as replacement for, each Scheduled Bond, together with such filings, transmittal letters, applications and other documents as shall be necessary or as shall be reasonably requested by Seller in order to effect Mineral's and its Affiliates' (including the Subsidiaries) release of their obligations with respect to the Scheduled Bonds.
At the closing of any enterprise valuation sale pursuant to this Section 9.1, (i) the Enterprise Valuation Purchase Price shall be paid in cash, (ii) all Scheduled Cash, all loans made to Belleli in accordance with Article VI hereof, and all capital contributions treated as debt for purposes of this Article IX provided by the selling party shall be repaid in cash, and (iii) all Scheduled Bonds and Letters of Credit provided by the selling party and its Affiliates shall be released.
The representations, warranties, covenants and agreements contained in this Agreement will survive the Closing until two years after the Closing Date, provided that each of (A) Seller’s indemnification obligations for Retained Liabilities under Section 6.07 and (B) Purchaser’s indemnification obligations for Scheduled Bonds under Section 7.03 will survive indefinitely.
From the Closing Date until such time as Seller and all Affiliates of Seller (other than the Company) are fully released from any and all Scheduled Bonds, Purchaser and the Company shall indemnify, save, defend and hold harmless Seller and all Affiliates of Seller (other than the Company) from all liabilities and Adverse Consequences in any way related to the Scheduled Bonds.
Except as disclosed on Schedule 4.21, to the Knowledge of Seller, no Guarantee contains provisions permitting termination due to a change of control of VCH or the applicable Purchased Company and each Guarantee (other than the Scheduled Bonds) will continue in full force and effect following the Closing.
The Scheduled Bonds do not include the Seller’s supersedeas bond in the amount of $5,515,000 as part of the PacifiCorp litigation.
Purchaser shall, within 30 days following the Closing Date, submit to the appropriate Governmental or Regulatory Authority surety bonds in substitution for the Scheduled Bonds that will provide for coverage of the reclamation obligations of the Business as required by applicable law (the “Replacement Bonds”).
As of the Effective Date hereof, the current outstanding face amounts of bonds and letters of credit issued by one or more of the Hanover Entities and SJMB are set forth on Schedule 6.1-1 and Schedule 6.1-2 attached hereto, respectively (collectively, "Scheduled Bonds and Letters of Credit" and, individually "Scheduled Bond" or "Scheduled Letter of Credit").
From the Closing Date until such time as Seller and its Affiliates are fully released from any and all Scheduled Bonds, Purchaser shall reimburse Seller’s actual costs and expenses and indemnify, save, defend and hold harmless Seller and its Affiliates from all Liabilities and Adverse Consequences in any way related to the Scheduled Bonds.
With respect to all Scheduled Bonds that are not replaced by --- Purchaser within one hundred eighty (180) days following the Closing Date and resulting in a full and complete release of Mineral's and its Affiliates liabilities with respect thereto, Purchaser shall pay to Seller a monthly fee on the average daily maximum contingent amount outstanding under such Scheduled Bonds during the applicable month (the "Average Contingent Amount").