Conditions to Obligations of Xxxx. The obligations of Xxxx contemplated by this Agreement shall be subject to satisfaction by the Company of the following conditions precedent on and as of the Commencement Date:
Conditions to Obligations of Xxxx. The obligations of Xxxx contemplated by this Agreement shall be subject to satisfaction by PRC of the following conditions precedent on and as of the Commencement Date:
Conditions to Obligations of Xxxx. The obligations of Xxxx contemplated by the Original Inventory Intermediation Agreements shall be subject to satisfaction by (i) DCRC and PBFH of the conditions precedent set forth in Section 2.6.1 of the Original DCRC Inventory Intermediation Agreement and (ii) PRC and PBFH of the conditions precedent set forth in Section 2.6.1 of the Original PRC Inventory Intermediation Agreement, in each case, on and as of the Commencement Date. The Parties acknowledge and agree that such conditions precedent have been satisfied as of the Commencement Date.
Conditions to Obligations of Xxxx. The obligations of XXXX to consummate the Closing are subject to the satisfaction (or, to the extent permissible, waiver) of the following conditions:
Conditions to Obligations of Xxxx. The obligations of Xxxx to consummate the Merger are subject to satisfaction of the following conditions prior to the Effective Time:
Conditions to Obligations of Xxxx. The obligations of XXXX to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by XXXX at its sole discretion:
Conditions to Obligations of Xxxx. The obligations of Xxxx contemplated by this Agreement shall be subject to satisfaction by the Company of the following conditions precedent on and as of the Commencement Date: (a) The Inventory Sales Agreement shall have been duly executed by the Company and, pursuant thereto, the Company shall have agreed to transfer to Xxxx on the Commencement Date, all right, title and interest in and to the Commencement Date Volumes, free and clear of all Liens; (b) The Company shall have agreed to the form of the Step-Out Inventory Sales Agreement in form and in substance satisfactory to Xxxx; (c) The Company shall have provided Xxxx evidence, in a form satisfactory to Xxxx, that the Revolving Credit Agreement was duly terminated and all liens on any crude 16 oil or products held in the Included Locations filed pursuant to the Revolving Credit Agreement have been released; (d) The Company shall have duly executed the Storage Facilities Agreement in form and in substance satisfactory to Xxxx and provided Xxxx satisfactory documentation that it has secured, for the benefit of Xxxx, full, unencumbered storage and usage rights of the Crude Storage Tanks and the Product Storage Tanks; (e) The Required Storage and Transportation Arrangements shall have been duly executed by the Company (and its Affiliates, if appropriate) and all third parties thereto; (f) The Company shall have duly executed the Marketing and Sales Agreement in form and in substance satisfactory to Xxxx; (g) The Company shall have provided Xxxx with evidence, in a form satisfactory to Xxxx, that the Commencement Date Volumes will be sold to Xxxx free and clear of any liens under or pursuant to the Initial Term Credit Agreement and the security documents related thereto; (h) The Company shall have duly executed the Fee Letter and performed any terms and conditions thereof to be performed by the Company on or before the Commencement Date; (i) The Company shall have delivered to Xxxx a certificate signed by Xxxxx Xxxxxxx, Chief Legal Counsel—Corporate certifying as to incumbency, board approval, resolutions and other matters; (j) The Company shall have delivered to Xxxx an opinion of counsel, in form and substance satisfactory to Xxxx, covering such matters as Xxxx shall reasonably request, including: good standing; existence and due qualification; power and authority; due authorization and execution; enforceability; no conflicts; provided that, subject to Aron’s consent, certain of such opinions may be deli...
Conditions to Obligations of Xxxx. The obligations of Xxxx to complete the Arrangement shall be subject to the satisfaction of, among others, the following conditions, any of which may be waived in whole or in part by Xxxx:
Conditions to Obligations of Xxxx. The obligations of Xxxx to perform --------------------------------- this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Xxxx pursuant to Section 11.6(b) of this Agreement:
Conditions to Obligations of Xxxx. The obligations of Xxxx to effect --------------------------------- the Merger are subject to the satisfaction on or prior to the Closing Date of the following conditions unless waived by Xxxx:
