Examples of XNY Disclosure Schedule in a sentence
Except as set forth in Section 3.27 of the XNY Disclosure Schedule, XNY (i) does not have any outstanding Indebtedness or payment liabilities and (ii) is not in violation of any term of or is in default under any Contract relating to any Indebtedness.
Except for this Agreement, the Divestiture Agreement, agreements with NYSE, and the Contracts set forth on Section 3.12 of the XNY Disclosure Schedule, all Contracts to which XNY is a party shall have been terminated as of the Closing Date, with no payment from, or obligations or liabilities of, XNY and Xiniya Holding, outstanding as of the Closing Date.
The Seller acknowledges having received and reviewed the reports filed with and furnished to the SEC by XNY and acknowledges that any information contained therein is deemed disclosed by XNY for purposes of the XNY Disclosure Schedule as well as any other disclosures required hereunder.
The ADSs are listed on NYSE under the symbol “XNY.” Except as set forth in Section 3.21 of the XNY Disclosure Schedule, XNY is in compliance of the relevant listing requirements of NYSE, and XNY has not, in the twelve (12) months preceding the date hereof, received notice (written or oral) from NYSE to the effect that XNY is not in compliance with the listing or maintenance requirements of NYSE.
Except as set forth in Section 3.6 of the XNY Disclosure Schedule, no consent is required by any Person pursuant to any Contract to which XNY is a party or any Governmental Authority (other than NYSE), in connection with the execution, delivery and performance by XNY of this Agreement, or the consummation of the Transactions.
Except as set forth in Section 3.8 of the XNY Disclosure Schedule, as of the date of this Agreement, (a) there are no Proceedings by any Governmental Authority or other Person pending or, to the knowledge of XNY, threatened against XNY, and (b) there are no outstanding or unsatisfied judgments, orders, decrees or stipulations to which XNY is a party.
Except as set forth in Section 3.5 of the XNY Disclosure Schedule, XNY does not have outstanding any options, script rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or has not entered into any agreement giving any Person any right to subscribe for or acquire, any Ordinary Shares, or securities or rights convertible or exchangeable into Ordinary Shares.
Section 3.2 of the XNY Disclosure Schedule lists all of the Subsidiaries of XNY.