Alcoa has corporate power and authority to execute, deliver and carry out the provisions of the Agreement, to borrow under the Agreement and to perform its obligations thereunder and all such action has been duly and validly authorized by all necessary corporate proceedings on its part.
Alcoa. Alcoa asserts as error the April 19 Order’s acceptance of the 2007 Regional Entity business plans.15 Alcoa further asserts, as error, the April 19 Order’s clarifications regarding the guidelines that will be applied to the NERC/Regional Entity 2008 budget and business plan submissions.16
Alcoa. Cameron, exports aluminum coils to Colombia that face tariffs of 5 percent.
Alcoa. (a) is a corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Pennsylvania and (b) is duly qualified to do business as a foreign corporation and is in good standing in all other jurisdictions in which the ownership of its properties or the nature of its activities or both makes such qualification necessary, except to the extent that failure to be so qualified would not result in a Material Adverse Effect.
Alcoa. Alumina and AAH acknowledge and agree (and will procure to the extent necessary that their respective Affiliates acknowledge and agree) that, except to the extent expressly provided in this document, this document is without prejudice to, and does not exclude or limit or constitute a waiver or modification of, any right, power, obligation or remedy provided by any AWAC Document. Without limitation, Alcoa, Alumina and AAH acknowledge and agree the following:
(i) This document is without prejudice to, and does not exclude or limit or constitute a waiver or modification of, section 10 of the Charter, or any of the corresponding provisions of the other AWAC Documents, including in particular the obligation to endeavour to distribute dividends above 30% of the net income of AWAC or the relevant Enterprise Company (as applicable).
(ii) Subject to sub-paragraph (iii), this document is without prejudice to, and does not exclude or limit or constitute a waiver or modification of, section 4 or 8 of the Charter, or any of the corresponding provisions of the other AWAC Documents, including in particular the approval requirements for equity requests on behalf of AWAC or the relevant Enterprise Company totalling in any one year more than US$1 billion, and the funding obligations of Alcoa in respect of certain equity requests made to Alumina or any of its Affiliates, as set forth in section 8(a)(ii) of the Charter.
(iii) Section 8 of the Charter and any of the corresponding provisions of the other AWAC Documents are modified during the term of this document as follows:
(a) the requirement to give 60 days’ notice of equity calls under section 8(a) of the Charter will not apply in relation to the funding of Valid Calls; and
(b) the US dollar amounts “$500 million” referred to in section 8(a)(i) and (ii) of the Charter and “$1 billion” in section 8(a)(ii) and (iii) of the Charter will each be increased by the amount of Quarterly Dividends paid in the relevant Financial Year with respect to Valid Calls that are funded by equity contributions (or if funded only in part by equity contributions, to the extent of such equity funding) in accordance with clause 4.4(b).
(iv) The provision of Enterprise Loans by the Enterprise Funding Partnership to Enterprise Companies and loans between Enterprise Companies as contemplated in clause 4.12(b) have been expressly agreed to by Alcoa and Alumina for the purposes of section 4(v) of the Charter, and any of the corresponding provisions of ...
Alcoa. Owner shall use commercially reasonable efforts to cause any release from any indirect consequential, exemplary, or special damages, including loss of profits or loss of revenue, contained in any agreement between Owner and Alcoa relating to the Project to also run for the benefit of Contractor; provided, however, the foregoing undertaking by Owner shall not impose any obligation by Owner, nor shall Owner be required, to incur any actual costs or expenses, or otherwise result in any increased costs of any sort in any agreement between Owner and Alcoa, with respect to such undertaking.
Alcoa. 6-Head Stainless Steel Rotary Capper; (Estimated 1970s); with Rotary Infeed/Outfeed Bottle Transport Station; Cap Feeding System, with 25,000-Cap Capacity Load Hopper, Cyclone Feed Hopper, Rotary Cap Unscrambler, and Cap Dispense Rail; and Push-Button Control
Alcoa. 16-Head Rotary Capper; with Rotary Infeed and Outfeed Bottle Transport; and Diversify Capping Equipment Model 11-600 Capper Feeder, S/N 111-624
Alcoa. 6-Head Stainless Steel Rotary Capper; (Estimated 1970s); with Rotary Infeed/Outfeed Bottle Transport Station; Cap Feeding System, with 25,000-Cap Capacity Load Xxxxxx, Cyclone Feed Xxxxxx, Rotary Cap Unscrambler, and Cap Dispense Rail; and Push-Button Control Item # Qty. Effective Date: December 4, 2008 Orderly Liquidation Value
Alcoa the Trustee and each Holder by its acceptance of a Note hereby agrees that the Note Guarantee of Alcoa provided hereunder shall be subject to all terms, provisions and conditions in the Indenture that relate to a Note Guarantee (including, without limitation, Article 11 of the Indenture). Alcoa further agrees to be bound by, and to comply with, all provisions of the Indenture and Note Guarantee that are applicable to a Guarantor that is a Restricted Subsidiary.
