Not Applicable The rate of interest applicable to each such Eligible Investment . . . . . . .
Section 203 of the DGCL Not Applicable The Company Board has taken all necessary action so that the restrictions contained in Section 203 of the DGCL applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or the Company Option Agreement or to the consummation of the Offer or the Merger or any of the other transactions contemplated by this Agreement.
Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.
applies If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.
Law Applicable This Lease shall be construed and enforced in accordance with the laws of the state where the Leased Premises are located.
WHAT IS NOT COVERED (A) Products not originally covered by a manufacturer’s warranty; (B) Products with less than an original ninety (90) days manufacturer’s parts and labor limited warranty (C) Product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (D) Cleaning; Periodic checkups; preventive maintenance; (E) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or “AS-IS”, including but not limited to floor models, demonstrations models, etc.;
Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.
Agreement Not Exclusive The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion.
OTHER APPLICABLE TERMS CONDITIONS 6.1. All registered E-bidders at EHSAN AUCTIONEERS SDN. BHD. website undertake to fully comply with this terms and conditions herein. Further, all successful E-Bidders shall also be bound by the terms and conditions of the Conditions of Sale attached to the Proclamation of Sale. 6.2. The Auctioneer may from time to time add, modify, or delete any terms and conditions herein. 6.3. E-Bidders are responsible to ensure that their internet access is in good condition during the whole process of public auction until conclusion thereof. Unsatisfactory internet access may disrupt any bids made by the E-Bidders. 6.4. The Auctioneer or the EHSAN AUCTIONEERS SDN. BHD. website shall not be liable for any disruptions, delays, failures, errors, omissions, or loss of transmitted information due to the unsatisfactory internet access or any online disruptions that may howsoever occur during the process of public auction at EHSAN AUCTIONEERS SDN. BHD. website. 6.5. EHSAN AUCTIONEERS website is owned and operated by EHSAN AUCTIONEERS SDN. BHD. The E-Bidders agree and accept that EHSAN AUCTIONEERS SDN. BHD. or the Assignee Bank in which EHSAN AUCTIONEERS SDN. BHD. acts for or their Solicitors or any of their respective servants or agents shall not be in any way liable for any claims or loss arising out of the use of the EHSAN AUCTIONEERS SDN. BHD. website.
OTHER APPLICABLE TERMS & CONDITIONS 5.1. All registered E-bidders at PAH website shall undertake to fully comply with the Terms and Conditions herein. In addition all successful E-Bidders shall also be bound by the terms and conditions as stipulated in the Proclamation of Sale. 5.2. The Auctioneer may from time to time vary, modify or delete any terms and conditions herein without having to give prior notice to the registered E-bidders. 5.3. E-bidders are responsible to ensure that their internet access is in good condition during the whole process of public auction until conclusion thereof. Unsatisfactory internet access may disrupt the bidding made by the E-Bidders. 5.4. The Auctioneer or the PAH Website shall not be held liable for any disruptions delays, failures, errors, omissions or loss of information due to the unsatisfactory internet access or any online interruption that may howsoever occur during the process of the online public auction at PAH Website. 5.5. PAH Website is owned and operated by PROPERTY AUCTION HOUSE SDN BHD (PAH). The E-bidders agree and accept that PAH or the Assignee Bank in which PAH acts for or their solicitors or any of their respective servants or agents shall not be in any way liable for any claims or loss arising out of the use of the PAH Website.