Adequate Consideration The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
Covenants All covenants, agreements and conditions contained in this Agreement to be performed by the Company on or prior to the Closing Date shall have been performed or complied with in all material respects.
Restrictive Covenants The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, incur additional Indebtedness, make payments in respect of its Capital Stock or certain Indebtedness, enter into transactions with Affiliates, create dividend or other payment restrictions affecting Subsidiaries, merge or consolidate with any other Person, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets or adopt a plan of liquidation. Such limitations are subject to a number of important qualifications and exceptions. The Company must annually report to the Trustee on compliance with such limitations.
Competition By accepting this Contract, Contractor agrees that no collusion or other restraint of free competitive bidding, either directly or indirectly, has occurred in connection with this award by the Division of Purchases.
Importance The Yampa River is the largest remaining essentially unregulated river in the Upper Colorado River Basin, and its inflow into the Green River, 65 miles downstream of Flaming Gorge Dam, ameliorates some effects of dam operation on river flow, sediment load, and temperature (Xxxx et al. 2000). Holden (1980) concluded that flows from the Yampa River, especially spring peak flows, were crucial to the maintenance of the Green River’s “large-river” characteristics and, therefore, very important to maintaining suitable conditions in the Green River downstream of the confluence. The Yampa River supports resident subadult and adult Colorado pikeminnow, contains one of the primary Colorado pikeminnow spawning areas in the Upper Basin and is a major producer of fish for the entire Green River subbasin (Xxxx and Xxxx 1989). A small population of humpback chub exists in the Yampa River in Dinosaur National Monument (Xxxx and Xxxx 1989; U.S. Fish and Wildlife Service 1990a, 2002a). Spawning aggregations of adult razorback sucker were observed near the mouth of the Yampa River, and adult razorback sucker were captured upstream to the mouth of the Little Snake River (Xxxx and Xxxx 1989). The lower portion of the Yampa River was part of the historic range of bonytail and is associated with some of the most recent captures of this very rare fish. The Bonytail Recovery Plan (U.S. Fish and Wildlife Service 1990b) identified the Yampa River within Dinosaur National Monument as a high priority recovery and/or restoration site. The Little Snake River provides approximately 28% of the Yampa River's flow and 60% of the Yampa River’s sediment supply. The sediment supply of the Little Snake River is believed to be important to the maintenance of backwater nursery areas utilized by young Colorado pikeminnow in the Green River (Xxxxx and Green 1991). Adult Colorado pikeminnow have been captured in the Little Snake River upstream to near Baggs, Wyoming, and humpback chub have been captured in the lower 10 miles of the Little Snake River (U.S. Fish and Wildlife Service 2002a, 2002c).
