Certain Acknowledgments and Covenants Clause Samples
Certain Acknowledgments and Covenants. Each of Issuer and Investor hereby acknowledge that they are aware and understand that, in order to be eligible for exemption from registration under the Securities Act, any 3(a)(9) Exchange(s) hereunder may not involve (i) any additional consideration beyond the Debt Securities being surrendered/exchanged by the Investor, or (ii) any payment by the Issuer of any commission or other remuneration either directly or indirectly for the solicitation of such exchange(s), and (b) covenant that any 3(a)(9) Exchange(s) hereunder shall not involve (i) any additional consideration beyond the Debt Securities being surrendered/exchanged by the Investor, or (ii) any payment by the Issuer of any commission or other remuneration either directly or indirectly for the solicitation of such exchange(s).
Certain Acknowledgments and Covenants. Each of Issuer and Investor hereby
Certain Acknowledgments and Covenants. Each of Issuer and Investor hereby (a) acknowledge that they are aware and understand that, in order to be eligible for exemption from registration under the Securities Act, any 3(a)(9) Exchange(s) hereunder may not involve (i) any additional consideration beyond the Debt Securities being surrendered/exchanged by the Investor, or (ii) any payment by the Issuer of any commission or other remuneration either directly or indirectly for the solicitation of such exchange(s), and (b) covenant that any 3(a)
Certain Acknowledgments and Covenants. The Seller and the Purchaser acknowledge that circumstances may exist that delay or prevent the payment of the Royalty Payments. Nothing herein shall be deemed to be a guaranty on the part of the Purchaser or any Purchaser Affiliates that the Purchaser will achieve the conditions for payment of the Royalty Payments. Notwithstanding the foregoing, the Purchaser shall use Commercially Reasonable Efforts to develop a Royalty Product for large bore closure applications, including by seeking to obtain a New Regulatory Approval.