SD Transfer definition
Examples of SD Transfer in a sentence
EMCLP has all necessary corporate and partnership power and authority to own and dispose of or acquire the BR Swap Rights and SD Transfer Rights, as applicable, to enter into this Agreement and the Contracts and instruments required by this Agreement to be delivered by it, and to perform its obligations hereunder and thereunder.
No SD Independent Arrangements have been implemented by EMCLP in respect of the SD Transfer Rights.
Lender: Comerica Bank Commitment Amount: $7,500,000 prior to SD Transfer; $10,000,000 at all times thereafter.
Except as set forth in Schedule 3.2(7), to the Knowledge of EMCLP, there are no Claims (whether or not purportedly on its behalf) pending, outstanding or threatened against EMCLP seeking relief which could affect the SD Transfer Rights or its ability to perform its obligations under this Agreement in relation to any of the SD Transfer Rights.
The value of the SD Transfer Rights as reflected in the balance sheet of EMCLP as at the end of its most recent fiscal year, and the gross revenues from sales generated from the SD Transfer Rights in such year, in each case calculated in accordance with Part IX of the Competition Act and the applicable regulations did not, in either case, exceed $50,000,000.
The Participant has all necessary corporate power and authority to own and dispose of or acquire, as applicable, the BR Swap Rights and the SD Transfer Rights, as applicable, to enter into this Agreement and the Contracts and instruments required by this Agreement to be delivered by it, and to perform its obligations hereunder and thereunder.
No receiver or interim receiver has been appointed in respect of EMCLP or any of its partners or any of its or their undertakings, property or assets (including the SD Transfer Rights) and no execution or distress has been levied on any of its or their undertakings, property or assets (including the SD Transfer Rights), nor have any proceedings been commenced in connection with any of the foregoing.