Examples of Equity Investors in a sentence
None of the Equity Investors, Parent or any of their respective Affiliates has entered into any Contract, arrangement or understanding, directly or indirectly, prohibiting or seeking to prohibit any bank, investment bank or other potential provider 52 of debt financing from providing or seeking to provide debt financing or financial advisory services to any Person, in each case, in connection with the Merger or any similar transaction relating to the Company Group.
The Equity Investors hereby waive any requirement for the securing or posting of any bond in connection with such remedy, and the Equity Investors hereby agree not to assert that the remedy of specific enforcement is unenforceable, invalid, contrary to law or inequitable on the basis that (i) Parent or the Company has an adequate remedy at law or (ii) an award of specific enforcement is not an appropriate remedy for any reason at law or equity.
Each of the Financing Commitments is in full force and effect and constitutes the legal, valid and binding obligations of Parent and the Equity Investors, as applicable, and, to the knowledge of Parent, each of the other parties thereto, and is enforceable against Parent and the Equity Investors, as applicable, in accordance with its terms, subject to the Enforceability Limitations.
For the avoidance of doubt, the obligations of the Equity Investors under this letter agreement and of the Other Investor under the Other Equity Commitment Letter shall be several and not joint, and not joint and several, and the Equity Investors shall not have any liability or obligation whatsoever for or in respect of the Other Equity Commitment Letter.
This letter agreement shall not be assignable by Parent without the prior written consent of the Equity Investors and the Company (as a third party beneficiary hereunder), other than to Parent’s permitted assignees under the Merger Agreement.