Absence of Obligations. As of the Effective Date, AlCana has no obligation to (a) sell or offer to sell a material amount of its securities, (b) incur any indebtedness (other than a typical amount of trade debt incurred in the ordinary course of business), (c) guarantee any indebtedness, or (d) sell all or substantially all of its assets or any material portion of its business or operations.
Absence of Obligations. Except for the Current Obligations of Dencor, neither Dencor nor Merger Corp. shall have any creditors or other persons or entities who have, or may assert any claim against Dencor, Merger Corp., the Target, the Target Shareholders, any officer, director, agent or employee of Dencor, Merger Corp. or the Target or any other person or entity directly or indirectly related to the parties hereto.
Absence of Obligations. Except as set forth on Schedule 4.6 hereto, Seller has not executed any agreement creating any obligation for the Company (other than in connection with those obligations set forth in Section 8.2(f), which obligations will be discharged on the Closing Date).
Absence of Obligations. Except as set forth on Schedule 4.6 hereto, Seller has not executed any agreement creating any obligation for the Company (other than those obligations addressed in Section 7.9 or Section 3.6).
4. The first sentence of Section 7.7 is amended to read as follows: In the event that Buyer shall fail to close the purchase of the Company for any reason other than a breach of this Agreement by Seller or the fact that a condition to Buyer's obligations to close set forth in Section 8.1 or Section 8.2 shall not have been satisfied, Seller shall be entitled to keep the $400,000 xxxxxxx money and Buyer shall promptly pay Seller the additional amount of $600,000.
5. A new Section 7.9 is added to read as follows:
Absence of Obligations. Nothing in this Agreement shall confer on Key Employee any right to continue on Company's employment for any stated period of time.
Absence of Obligations. The Borrower has no Financial Indebtedness or other material obligations (contingent or otherwise) save for Permitted Indebtedness or as otherwise contemplated by, or permitted pursuant to, the Transaction Documents.
Absence of Obligations. OF THE BENEFICIARY WITH RESPECT TO MORTGAGED PROPERTY. Notwithstanding anything in this Deed of Trust to the contrary, including, without limitation, the definition of "Mortgaged Property" and/or the provisions of Article 3 hereof, (i) to the extent permitted by applicable law, the Mortgaged Property is composed of Grantor's rights, title and interests therein but not Grantor's obligations, duties or liabilities pertaining thereto, (ii) the Beneficiary neither assumes nor shall have any obligations, duties or liabilities in connection with any portion of the items described in the definition of "Mortgaged Property" herein, either prior to or after obtaining title to such Mortgaged Property, whether by foreclosure sale, the granting of a deed in lieu of foreclosure or otherwise, and (iii) the Beneficiary may, at any time prior to or after the acquisition of title to any portion of the Mortgaged Property as above described, advise any party in writing as to the extent of the Beneficiary's interest therein and/or expressly disaffirm in writing any rights, interests, obligations, duties and/or liabilities with respect to such Mortgaged Property or matters related thereto. Without limiting the generality of the foregoing, it is understood and agreed that the Beneficiary shall have no obligations, duties, or liabilities prior to or after acquisition of title to any portion of the Mortgaged Property, as lessee under any lease or purchaser or seller under any contract or option unless the Beneficiary elects otherwise by written notification to Grantor or otherwise agrees with any such lessor, lessee, purchaser or seller.
Absence of Obligations. Kansas in this act expressly recognizes that the Carso Companies are not part of the Settlement Agreement and that the same do not undertake obligations under that agreement. The Carso Companies recognize that the termination or results of the CFC Procedures are not Kansas responsibility or obligation. The obligations and rights between Kansas and the Carso Parties are limited to the provisions of this document.
Absence of Obligations. Except for the Current Obligations, Parent and Subsidiary shall have no creditors or other persons or entities who have, or may assert any claim against the Parent, the Subsidiary, the Target, the Target Shareholders, any officer, director, agent or employee of the Parent, the Subsidiary or the Target or any other person or entity directly or indirectly related to the parties hereto.
