Bonds and Letters of Credit. Schedule 5.32 lists all bonds, letters of credit, guarantees and other similar commitments held by Sellers with respect to the Assets, excluding, however, any bonds, letters of credit, guarantees and other similar commitments required by any Governmental Authorities in order for Seller or its Affiliates to own or operate the Assets.
Bonds and Letters of Credit. There are no development bonds, letters of credit or other collateral held by or posted with any Governmental Authority or other third party with respect to any improvement, subdivision or development obligations concerning any of the Real Property.
Bonds and Letters of Credit. Except as set forth in Schedule 6.26, there are no bonds, letters of credit, guarantees or other similar commitments held by Seller that are required by third parties in order for Seller to own the Assets, and if operated by Seller or an affiliate of Seller, to operate the Assets.
Bonds and Letters of Credit. Bonds, letters of credit and other evidences of indebtedness furnished by any other Person to the MHE Division and the right to receive payments from any other Person under or in respect of any such instrument.
Bonds and Letters of Credit. Purchaser has made arrangements to release Seller of liability as of Closing under the Packers and Stockyards bond previously issued by the Company and guaranteed by Seller.
Bonds and Letters of Credit. Schedule 4.31 of the Disclosure Letter sets forth, as of the date hereof, a true and correct list of all performance bonds and letters of credit securing the obligations of the Business and the Transferred Subsidiaries (collectively, the “Seller Bonds”), setting forth in each case the name of the beneficiaries, type of bond, bond number, principal amount or bond amount, start and end dates, premium, the surety or issuing bank and a description of the obligations secured by such bonds or letters.
Bonds and Letters of Credit. Section 3.18 of the Disclosure Schedule lists all performance bonds, guarantees, surety bonds, standby letters of credit and similar arrangements that (a) are issued and outstanding in support of the portion of the Transportation Products Business conducted by CTP, or (b) would, or could reasonably be expected to, be required to be issued under any proposals, bids or other commitments outstanding as of the date hereof, in each case indicating the contract or situation requiring the provision thereof, together with the issuer, amount, principal terms and conditions, beneficiaries and expiration date thereof (or anticipated terms thereof).
Bonds and Letters of Credit. Section 3.20 of the Disclosure Schedule lists all performance bonds, guarantees, surety bonds, standby letters of credit and similar arrangements that (i) are issued and outstanding in support of the Business, or (ii) that would be required to be issued under any proposals, bids or other commitments outstanding as of the date hereof, in each case indicating the contract or situation requiring the provision thereof, together with the issuer, amount, principal terms and conditions, beneficiaries and expiration date thereof (or anticipated terms thereof).
Bonds and Letters of Credit. (a) Buyer shall use reasonable best efforts to cause itself, the Company or the Pipeline Sub to be substituted in all respects for Seller, and for Seller to be released, effective as of the Closing or (if such substitution and release cannot be effected at Closing) as soon as possible after the Closing, in respect of all obligations of Seller, for such bonds and letters of credit set forth in Schedule 6.12(a) (the “Credit Support Obligations”); provided, that Buyer shall not be required to agree to waive any rights (or to cause any Acquired Company to waive any rights) or to provide any other payment or consideration to the beneficiaries of the Credit Support Obligations in order to obtain such release. For any Credit Support Obligation for which Buyer, one of its Affiliates or the Acquired Companies, as applicable, is not substituted in all respects of Seller (and for which Seller is not released) effective as of the Closing, Buyer shall continue to use its reasonable best efforts and shall cause its Affiliates and the Acquired Companies to use their reasonable best efforts to effect such substitution and release after the Closing.
Bonds and Letters of Credit. (a) Each Seller agrees that it will (i) cause each Bond and Letter of Credit (whether issued or required to be issued as of the Closing Date) to be issued or remain outstanding in accordance with its terms until the expiration date of such Bond and/or Letter of Credit and (ii) extend, renew, apply for a continuation certificate, and maintain outstanding the Bonds and/or Letters of Credit set forth on Schedule 8.13 (or required to be issued prior to the Closing Date) through the one (1) year anniversary of the Closing Date (or such earlier time as Buyer agrees it is no longer required) if such renewals, extensions and continuations are available in the marketplace; provided that Sellers shall not be required to pay any out-of-pocket amounts to maintain such Bonds and/or Letters of Credit which are not commercially reasonable unless Buyer consents and agrees to reimburse Sellers for such amounts. Buyer shall use commercially reasonable efforts to obtain performance bonds for projects identified on the Project Pipeline report 2006 included in Schedule 6.28. Following the Closing, Buyer hereby agrees to promptly reimburse, and to indemnify and hold harmless each Seller with respect of, the actual out-of-pocket cost to such Seller of maintaining outstanding such Bonds and/or Letters of Credit (so long as Buyer has consented to any of such costs as are not commercially reasonable), as well as for any actual out-of-pocket damages such Seller incurs under any Bond and/or Letter of Credit solely for matters arising after the date hereof, as, in each case, mutually agreed by the parties or as determined by a court of competent jurisdiction by a final non-appealable judgment. For the avoidance of doubt, any bond and/or letter of credit issued or required to be issued between the date hereof and the Closing shall be a "Bond" and/or a "Letter of Credit", as the case may be.
