Pursuant to Section 7. 01 (h) of the General Conditions, the following additional events are specified:
Pursuant to Section 7. 01(k) of the General Conditions, the following additional event is specified, namely, that any of the events specified in paragraph (a) or (c) of Section 5.01 of this Agreement shall occur and shall continue for a period of sixty (60) days after notice thereof shall have been given by the Bank to the Borrower.
Pursuant to Section 7. 01(k) of the General Conditions, the following additional event is specified, namely, that the event specified in paragraph (b)(i)(B) of Section 5.01 of this Agreement shall occur, subject to the proviso of paragraph (b)(ii) of that Section.
Pursuant to Section 7. 01 (d) of the General Conditions, the following additional event is specified, namely, that the event specified in paragraph
Pursuant to Section 7. 03(c) of the Collateral Agreement, the Indenture Trustee hereby directs the Collateral Trustee to amend, supplement or waive any Security Document as required in connection with, and to enable and permit, to clarify procedures to follow in connection with the termination of charters of the vessels securing the Notes, including the Vessel, so as to allow for putting in place new charters or the sale of a vessel if no new charter is available in accordance with the provisions of the Consent Solicitation Statement.
Pursuant to Section 7. 4(a) of the Collateral Agency Agreement, you are hereby directed to reallocate from the Warehouse Facility Pool to the Wind-Down Pool designated as “[ ]” (the “[ ]” Wind-Down Pool”) those Closed-End Leases and Closed-End Vehicles identified on Annex A hereto, together with all other assets relating to such Closed-End Leases and Closed-End Vehicles (collectively, the “Reallocated Assets”).
Pursuant to Section 7. 2, Tenant has approved the plans and specifications for the Suite and selected the Suite and the Medical Building on the basis of its own judgment. Except as otherwise expressly provided herein upon a transfer of Landlord's interest in the property to Tenant or a third party, neither Landlord nor any Facility Mortgagee nor any affiliate of either, nor anyone acting on behalf of any of them makes any representation or warranty of any kind whatsoever, express or implied, including, without limitation, as to the safety, title, condition, quality, quantity, fitness for use, merchantability, conformity to specification, or any other characteristic, of the property or the Suite, or as to whether the property or the Suite or the ownership, use, occupancy or possession thereof complies with any laws, rules, regulations or requirements of any kind.
Pursuant to Section 7. 2(N) of the Credit Agreement, certain Subsidiaries are from time to time required to enter into this Guaranty as a Guarantor. Upon execution and delivery after the date hereof by a Subsidiary of a supplement in the form of EXHIBIT A hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder, of any Borrower or of any Agent or Lender. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party hereto.
Pursuant to Section 7. 1(a) of the Merger Agreement, the Parties hereby agree that the Merger Agreement, including all schedules and exhibits thereto, and all ancillary agreements contemplated thereby or entered pursuant thereto (collectively, the “Transaction Documents”), are hereby terminated effective immediately as of the date hereof (the “Termination Time”) and, notwithstanding anything to the contrary in the Transaction Documents, including Section 7.2 of the Merger Agreement, the Transaction Documents are terminated in their entirety and shall be of no further force or effect whatsoever (the “Termination”); provided that Section 5.2(e) of the Merger Agreement (other than the proviso set forth therein), the Confidentiality Agreement, the Clean Team Agreement, the Joint Defense and Confidentiality Agreement, dated February 23, 2015, by and among Parent, the Company and the other parties thereto (the “JDA”), the Clean Team Confidentiality Agreement, dated July 28, 2015, between Parent and the Company (the “EU Clean Team Agreement”) and the “Clean Team” Non-Disclosure Agreement, dated as of March 1, 2016, between Parent, the Company and the advisor party thereto (the “Advisor Clean Team Agreement”) shall each remain in full force and effect in accordance with their respective terms.
Pursuant to Section 7. 3.3.3 of the Agreement Seller delivered to Buyer a Certificate of the Chief Financial Officer of Seller setting forth in reasonable detail the calculation of the estimate of the amount of the Purchase Price adjustment; a true and correct copy of the Certificate, as amended and corrected, is attached hereto as Exhibit II and incorporated herein by reference.
