BINDING CONTRACTS. The transmission of a dealing instruction to us does not automatically give rise to a binding Contract. Any dealing instruction made by you is always subject to us accepting your offer and such dealing instruction having been recorded as accepted and confirmed by us to you.
BINDING CONTRACTS. User acknowledges that by using the ECS, it may enter into binding contracts with PG&E and with third parties. User agrees that (i) any and all access or use of the ECS using the User IDs will be governed by this Agreement; (ii) any nomination or offer placed, any contract terms, conditions or exhibits accepted or confirmed, and any Transaction executed, on the ECS will be deemed to be "in writing," to have been signed," or be an "executed" writing; and (iii) accepting or entering into a Transaction by using the ECS, as it now exists or may in the future be modified, and subject to applicable tariffs, shall constitute a written contract (a "Contract"). With limitation of the foregoing, User agrees that it will be bound by any and all contract terms and conditions, including, but not limited to, the GTSA and NBAA, and by any and all nominations, offer, trades, or other Transactions executed, accepted or confirmed on the ECS through a "click" agreement by any individual using the User ID. By executing this Agreement, User agrees that it adopts as User's signature any such "click agreement," defined for purposes of this Agreement as "clicking" on the designated space on the ECS (or other action on the ECS specified by PG&E), and such "click agreement" will, together with this Agreement, constitute an executed writing. User agrees to waive any Statute of Frauds defense to the enforceability of any Contract arising from use of the ECS. User agrees and warrants that any employee or agent of User using the ECS shall have all necessary power and authority to use the ECS and enter into Transactions as herein provided. User warrants for itself and its successors and assigns that for each Transaction that User may enter into by using the ECS, User shall have all right, title, power and authority necessary to honor that Contract.
2.1. User and PG&E agree that this Article 2 is intended to benefit other users accessing the ECS, and that such other users are third party beneficiaries of this Article 2. User and PG&E do not intend hereby that other users are or will be third party beneficiaries of any other provisions of this Agreement.
BINDING CONTRACTS. Except as set forth on Exhibit "C" hereto, as of the Closing Date, the Corporation does not have any material contracts, commitments, arrangements or understandings, and after the closing, will not be bound by any material contract commitment, arrangement or understanding, including but not limited to employment agreements, employee benefit plans, leases, license, distributor or supply agreements, or any inter-company agreement, tax allocation agreement with any Seller, or any other related company, or any other material contracts or agreements whatsoever not otherwise set forth in this Agreement.
BINDING CONTRACTS. Except as Disclosed to Buyer or recorded against title to the Property, and except for the Assigned Contracts, the Ground Leases, the Leases, and the Loan Documents, Seller has not entered into any contracts, subcontracts or agreements encumbering any Property that will be binding upon Buyer after the Closing.
BINDING CONTRACTS. No contract to which the Company is a party or is otherwise bound:
(a) is outside the ordinary and proper course of business or is otherwise unusual;
(b) imposes or is likely to impose an obligation on the Company to make payments exceeding $5,000 after the Effective Date or involves or is likely to involve obligations or liabilities which, by reason of their nature or magnitude, should reasonably be made known to any intending purchaser of the Shares;
(c) is incapable of being fulfilled or performed on time, or only with undue or unusual expenditure of money or effort;
(d) is not on arm's length terms;
(e) provides that the Company (or any other person) will act as distributor of goods or services or as agent for another person;
(f) is with the Vendor or a Related Body Corporate of the Vendor; or
(g) limits the freedom of the Company or any of its employees to engage in any activity or business in any area; save as set out in the contracts set forth in annexure F.
BINDING CONTRACTS. You agree that by "Accepting" a Quotation you are, in fact, agreeing to purchase the specific product on the terms and conditions set forth in the Quotation, and; that by "Placing" a Limit Order, if said Limit Order is "Matched" through the SYSTEM, you will be obligated to purchase the specific product subject to the terms and conditions set forth on such Limit Order. Furthermore, you represent that you are financially able to fulfill all obligations created by either "Accepting" a Quotation or by "Placing" a Limit Order which is subsequently matched through the SYSTEM and agree to "promptly settle" any and all such transactions and are fully capable, and in fact have analyzed the risks associated with the transaction(s) contemplated by you through accessing any utilizing the SYSTEM.
BINDING CONTRACTS. 22 (c) CONSENTS...................................................... 23 6.11. LITIGATION......................................................... 23 6.12.
BINDING CONTRACTS. Each Contract (excepting oral Contracts not enforceable pursuant to the statute of frauds or a similar Law) is legal, valid, and binding, in full force and effect and enforceable in accordance with its terms, except to the extent such enforceability may be limited by or subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar laws
BINDING CONTRACTS. Except as set forth hereto, as of the Closing Date, the Seller does not have any material contracts, commitments, arrangements or understandings, and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, including but not limited to employment agreements, employee benefit plans, leases, license, distributor or supply agreements, or any inter-company agreement, tax allocation agreement with Seller, or any other related company, or any other material contracts or agreements whatsoever not otherwise set forth in this Agreement.
BINDING CONTRACTS. 8 Section 5.02. Ownership and Title to the Premises........................ 8 Section 5.03.
