Capacity to Perform. The Contractor represents to the best of its knowledge, information and belief that all equipment and personnel necessary for providing the described services and items will be available as needed.
Capacity to Perform. Either Party has taken all necessary corporate actions for signing this Agreement and for performing its obligations under this Agreement. There are no legal proceedings, arbitration, or other legal, administrative procedures, or government investigation (collectively referred to as “Procedures”) or threat of such Procedures that affects the Party’s ability to enter into or to fulfill its obligations under this Agreement.
Capacity to Perform. Buyer represents and warrants in good faith that it believes that it will have the capacity to fulfill its obligations in this Agreement if it is successful in raising the capital sought by it in the Memorandum.
Capacity to Perform. Buyer has provided evidence to Seller’s reasonable satisfaction of its resources and ability to meet its obligations hereunder to cause the satisfaction of the Company Indebtedness set forth on the Creditor and Payment Schedule and to pay the salary and benefits to Seller as and when due under the Employment Agreement, the form of which is attached hereto as Exhibit A (the “Employment Agreement”), to be entered into between Seller and Buyer at the Closing.
Capacity to Perform. (a) Such Specified Individual has the capacity to comply with and perform all of his covenants and obligations contained in this Settlement Agreement and each Related Document executed or to be executed by him.
(b) Such Specified Individual:
(i) has not, at any time since December 1, 1999, (A) made a general assignment for the benefit of creditors, (B) filed, or had filed against him, any bankruptcy petition or similar filing, (C) suffered the attachment or other judicial seizure of all or a substantial portion of his assets, (D) admitted in writing his inability to pay any of his debts as they become due, (E) been convicted of, or pleaded guilty to, any felony, or (F) taken or been the subject of any action that may have an adverse effect on his ability to comply with or perform any of his covenants or obligations contained in this Settlement Agreement or any Related Document; and
(ii) is not subject to any order, writ, injunction, judgment or decree that may have an adverse effect on his ability to comply with or perform any of his covenants or obligations contained in this Settlement Agreement or any Related Document.
(c) Other than the Stockholder Lawsuits, the State Court Action and the Federal Court Actions, there is no claim or Legal Proceeding pending, and no Person has threatened to assert or commence any claim or Legal Proceeding, that could reasonably be expected to have an adverse effect on his ability to comply with or perform any of his covenants or obligations contained in this Settlement Agreement or any Related Document. To the best of the actual knowledge of such Specified Individual, no event has occurred, and no claim, dispute or other condition or circumstance exists, that might directly or indirectly give rise to or serve as a basis for the assertion or commencement of any such claim or Legal Proceeding.
Capacity to Perform. Engineer currently has and at all times during the term of this Agreement will possess sufficient equipment, facilities, personnel, and financial resources to assure that the Engineering Services can and will be completed on a timely basis and in a thorough, competent and workmanlike manner.
Capacity to Perform. In order to provide the services required to be performed by it, HMSC represents that it is duly registered as a Transfer Agent and has the capital, equipment and personnel sufficient to enable it to perform the functions of this Agreement.
Capacity to Perform. The ability/capability of the contractor’s staff to take on additional work.
Capacity to Perform. Section 7. Visits by Union Representatives Section 8. Health and Safety Rules Section 9. Work Rules Appendix C: Performance Evaluation Form 126 Appendix D: Agreement on Insurance Eligibility 127 PART I UNIFIED AGREEMENT
Capacity to Perform. The Contractor represents that all equipment and personnel necessary for providing the described services and items will be available as needed.
