Procedure at the Closing. At the Closing, the parties agree to take the following steps in the order listed below (provided, however, that upon their completion all of these steps shall be deemed to have occurred simultaneously):
Procedure at the Closing. At the Closing, the parties agree that the following shall occur:
Procedure at the Closing. (a) At the Closing, Seller shall deliver, or cause to be delivered, to Buyer:
Procedure at the Closing. The parties hereto agree to take the following steps in the order listed:
Procedure at the Closing. At the Closing, the parties will take the following actions and the completion of each action shall be a further condition to the Closing:
Procedure at the Closing. The parties hereto agree to take the following ------------------------ steps at Closing in the order listed:
Procedure at the Closing. At the Closing: (i) Supplier shall execute and deliver to ENBC instruments of assignment in form and substance satisfactory to ENBC sufficient to convey to ENBC all right, title and interest of Supplier in and to the Option Assets, all necessary consents or approvals of third parties (including any governmental entities) to the transactions contemplated hereby, subscription agreements of Supplier and the Members satisfactory in form and substance to ENBC, in the event ENBC has elected to deliver ENBC Stock or BCI Stock at the Closing, and an opinion of Xxxxxxxxx, Daily, Xxxxxxx & XxXxx, or other counsel reasonably acceptable to ENBC, dated as of the Closing Date and in a form reasonably acceptable to ENBC, to the effect that: (A) Supplier is a limited liability company duly organized and validly existing under the laws of the State of Indiana with full power and authority to own or lease its properties, to carry on its business as it is being conducted and to convey the Option Assets to ENBC pursuant to this Agreement, (B) the sale of the Option Assets has been duly authorized by all necessary action of Supplier under Indiana law, its articles of incorporation and bylaws, (C) the sale of the Option Assets will not conflict with or violate any provision of the articles of organization or operating agreement of Supplier, conflict with or violate any order, judgment or decree known to such counsel applicable to Supplier or the Members or by which any of Supplier's properties are affected, or result in a breach of, or constitute a default (or any event which with notice or lapse of time would become a default) under, or give to others any rights of first refusal, termination, amendment, acceleration or cancellation of, or result in the creation of any lien or encumbrance on any of the Option Assets pursuant to, any notice, bond, mortgage, indenture contract, agreement, lease or other instrument or 4 obligation known to such counsel by which Supplier or any of the Members is bound or by which any of the Supplier's properties are affected, (D) the sale of the Option Assets will not, require any consent, approval, exemption, authorization or permit of, filing with or notification, or other action by, any court, administrative agency or governmental or regulatory authority, under any provision of Indiana or Federal law, except for such consents and approvals as shall have been obtained and filings which shall have been made, and (E) to such counsel's knowledge, th...
Procedure at the Closing. At the Closing, the parties agree ------------------------ that the following shall occur:
Procedure at the Closing. At the Closing, the parties shall take the following actions and all such actions shall be deemed to have occurred simultaneously:
Procedure at the Closing. At the Closing, the following shall occur:
