Approval and Waiver. 15.1 Any approval or permission granted to Supplier by Canon concerning any matter, as referred to in these Purchase Terms, shall not release Supplier from its obligations under the Agreement. Canon is entitled to attach conditions to any approval or permission.
Approval and Waiver. The parties hereto agree that the execution and delivery of this Agreement by a Seller shall constitute (i) approval by such Seller of any and all amendments to the Globalstar Partnership Agreement reasonably determined by Loral to be necessary or advisable to permit the transactions contemplated hereunder and under the Sorox Xxxnsaction and (ii) waiver by such Seller of its rights of first offer under Section 10.3 of the Globalstar Partnership Agreement
Approval and Waiver. The parties hereto agree that the execution and delivery of this Agreement by the Seller shall constitute (i) approval by the Seller of any and all amendments to the Globalstar Partnership Agreement and the LQSS Partnership Agreement (collectively the "Applicable Partnership Agreements") reasonably determined by Loral to be necessary or advisable to permit the transactions contemplated hereunder, under the Related Purchase and under the Sorox Xxxnsaction and (ii) waiver by such Seller of its rights of first refusal under Section 10.03 of the LQSS Partnership Agreement and 10.04 of the Loral/DASA Partnership Agreement with respect to any offer or sale of partnership interests made during the period commencing on the date hereof and ending on the sixth month anniversary thereof.
Approval and Waiver. Purchaser hereby waives its right to terminate the Agreement pursuant to Section 4.2 thereof for any reason except for (i) Purchaser's receipt of a commitment from Purchaser's lender with respect to the financing of the acquisition of the Property and (ii) Purchaser's satisfaction with its investigation of the real estate tax recovery income for the following Tenants of the Property: Staples, Marshalls, Ross and PetSmart. With respect to all other matters of review and approval, including physical, environmental and financial matters, of the Property, Purchaser hereby notifies Seller of its satisfaction therewith.
Approval and Waiver. Purchaser hereby waives its right to terminate the Agreement pursuant to Section 4.2 thereof for any reason. With respect to all matters of review and approval, including physical, en ronmental and financial matters, of the Property, Purchaser hereby notifies Seller of its satisfaction therewith.
Approval and Waiver. The Borrower has advised the Banks and the Agent that the Borrower intends to consummate the Principal Health Care Transaction (as defined in Section 2(a) above). The Banks and the Agent approve such transaction and waive any default that may be occasioned thereby under the Credit Agreement, including without limitation, Sections 5.07(b), 5.08(b), 5.09, 5.12, 5.14, 5.15 and 6.01(b) of the Credit Agreement to the extent necessary to enable the Borrower to consummate such transaction provided that the Borrower and the Guarantor are the surviving corporations.
Approval and Waiver. Subject to the terms of Section 9.01, but otherwise notwithstanding anything to the contrary in this Certificate of Incorporation (i) the engagement in competitive activities by any Indemnitee in accordance with the provisions of this Article IX is hereby deemed approved by the Corporation and all stockholders, (ii) it shall not be a breach of any Indemnitee’s duties or any other obligation of any type whatsoever of any Indemnitee if the Indemnitee engages in any such business interests or activities in preference to or to the exclusion of any Group Member, (iii) the Indemnitees shall have no obligation hereunder or as a result of any duty otherwise existing at law, in equity or otherwise to present business opportunities to any Group Member and (iv) the Corporation hereby waives and renounces any interest or expectancy in such activities such that the doctrine of “corporate opportunity” or other analogous doctrine shall not apply to (A) any such Indemnitee or (B) prior to the Sunset Date (as defined in Section 18.02), KKR Management LLP.
Approval and Waiver. To the extent allowed by law, the doctrine of corporate opportunity, or any other analogous doctrine, shall not apply with respect to the Corporation, any of its officers or directors, the Series I Preferred Stockholder, the direct and indirect owners of the Series I Preferred Stockholder or any of their respective Affiliates, including but not limited to (i) KKR & Co. Inc. and its subsidiaries (collectively, “KKR”), (ii) investment funds, vehicles and accounts advised, managed or sponsored by KKR (the “KKR Funds”) and (iii) Affiliates of KKR and the KKR Funds (including KKR portfolio companies), (the entities named in clauses (i) through (iii), which shall exclude members of the Corporate Group, collectively, the “KKR Participants”), in circumstances where the application of any such doctrine would conflict with any fiduciary duties or contractual obligations they may have as of the date of this Certificate of Incorporation or in the future, and the Corporation renounces any expectancy that any of the directors or officers of the Corporation or any of the KKR Participants will offer any such corporate opportunity of which he, she or it may become aware to the Corporation. Notwithstanding the foregoing provisions of this Article IX, the Corporation does not renounce its interest in any corporate opportunity offered to any of its directors or officers if such opportunity is expressly offered in writing to such person solely in his or her capacity as a director or officer of the Corporation and is one that such director or officer has no duty (contractual or fiduciary) to offer to a KKR Participant. In addition to and notwithstanding the foregoing provisions of this Article IX, a potential corporate opportunity shall not be deemed to be a corporate opportunity for the Corporation if it is a business opportunity that (i) the Corporation is neither financially or legally able, nor contractually permitted, to undertake, (ii) from its nature, is not in the line of the Corporation’s business or is of no practical advantage to the Corporation or (iii) is one in which the Corporation has no interest or reasonable expectancy.
Approval and Waiver. The Exchangor, as the sole holder of the Company’s Series D Preferred Stock, hereby approves, to the extent necessary pursuant to the Certificate of Designation of the Preferences and Rights of Series D Preferred Stock (“Series D Certificate”), the Company’s creation and issuance of the Series E Preferred Stock and waives any and all conversion price adjustment to the Series D Preferred Stock under Section B(5) of the Series D Certificate that may be triggered by the issuance of the Exchange Shares (and those shares convertible therefor).
