Certain Prohibited Acts. Without obtaining Special Approval, the General Partner shall not take any action to cause the Partnership to (i) make or consent to a general assignment for the benefit of the Partnership’s creditors; (ii) file or consent to the filing of any bankruptcy, insolvency or reorganization petition for relief under the United States Bankruptcy Code naming the Partnership or otherwise seek, with respect to the Partnership, relief from debts or protection from creditors generally; (iii) file or consent to the filing of a petition or answer seeking for the Partnership a liquidation, dissolution, arrangement or similar relief under any law; (iv) file an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Partnership in a proceeding of the type described in clauses (i) – (iii) of this Section 12.9; (v) seek, consent to or acquiesce in the appointment of a receiver, liquidator, conservator, assignee, trustee, sequestrator, custodian or any similar official for the Partnership or for all or any substantial portion of its properties; (vi) sell all or substantially all of its assets, except in accordance with Section 7.3(b); (vii) dissolve or liquidate, except in accordance with Article XII; or (viii) merge or consolidate, except in accordance with Article XIV.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, neither Buyer nor any Buyer Personnel shall: (a) make any representations, warranties, guarantees, indemnities, similar claims or other commitments (i) actually, apparently or ostensibly on behalf of Seller, or (ii) to any customer or other Person with respect to the Goods, which are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims or other commitments in this Agreement, Seller’s Quote, Xxxx of Materials, Quality Agreement or any written documentation provided by Seller to Buyer; and (b) engage in any unfair, competitive, misleading or deceptive practices respecting Seller, Seller’s Trademarks or the Goods, including any product disparagement.
Certain Prohibited Acts. Without obtaining Special Approval, the General Partner shall not take any action to cause the Partnership or the MLP to (i) make or consent to a general assignment for the benefit of the Partnership’s or the MLP’s creditors; (ii) file or consent to the filing of any bankruptcy, insolvency or reorganization petition for relief under the United States Bankruptcy Code naming the Partnership or the MLP or otherwise seek, with respect to the Partnership or the MLP, relief from debts or protection from creditors generally; (iii) file or consent to the filing of a petition or answer seeking for the Partnership or the MLP a liquidation, dissolution, arrangement, or similar relief under any law; (iv) file an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Partnership or the MLP in a proceeding of the type described in clauses (i) — (iii) of this Section 12.9; (v) seek, consent to or acquiesce in the appointment of a receiver, liquidator, conservator, assignee, trustee, sequestrator, custodian or any similar official for the Partnership or the MLP or for all or any substantial portion of its properties; (vi) sell all or substantially all of its assets, except in accordance with Section 7.3(b); (vii) dissolve or liquidate, except in accordance with Article XII; or (viii) merge or consolidate, except in accordance with Article XIV.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, neither Buyer nor any Buyer Personnel shall actually, apparently or ostensibly on behalf of Seller make any representations, warranties, guarantees, indemnities, similar claims or other commitments to any customer or other Person with respect to the Products, which are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims or other commitments in this Agreement or any written documentation provided by Seller to Buyer.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this CMA, neither Buyer nor any Buyer Personnel shall make any representations, warranties, guarantees, indemnities, similar claims or other commitments actually, apparently or ostensibly on behalf of Seller.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, neither Party nor its Personnel shall: (a) make any representations, warranties, guarantees, indemnities, similar claims or other commitments (i) actually, apparently or ostensibly on behalf of the other Party, or (ii) to any customer or other Person with respect to the Goods, which are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims or other commitments in this Agreement, Seller’s Quote, Xxxx of Materials, Quality Agreement or any written documentation provided by one Party to the other Party; and (b) engage in any unfair, competitive, misleading or deceptive practices respecting the other Party, the other Party’s Trademarks, Intellectual Property or the Goods, including any product disparagement.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, neither Buyer nor any Buyer Representatives shall:
(a) make any representations, warranties, guarantees, indemnities, similar claims or other commitments:
(i) actually, apparently or ostensibly on behalf of Seller, or
(ii) to any customer or other Person with respect to the Batteries, which are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims or other commitments in this Agreement or any written documentation provided by Seller to Buyer.
(b) engage in any unfair, competitive, misleading or deceptive practices respecting Seller, Seller’s Trademarks or the Batteries, including any product disparagement; and
(c) separate any software or accessories sold, bundled or packaged with any Battery from such Battery or sell, license or distribute such software on a standalone basis, or remove, translate or modify the contents or documentation of or related to such software or accessories, including any customer license agreements or warranty statements.
Certain Prohibited Acts. Notwithstanding anything to the contrary in this Agreement, neither Buyer nor Seller, nor any of their Personnel, shall:
(a) make any representations, conditions, warranties, guarantees, indemnities, similar claims or other commitments:
(i) actually, apparently or ostensibly on behalf of the other Party, or
(ii) to any customer or other Person with respect to the Goods, which are additional to or inconsistent with any then-existing representations, conditions, warranties, guarantees, indemnities, similar claims or other commitments in this Agreement or any written documentation provided by Seller to Buyer or Seller to Buyer;
(b) engage in any unfair, competitive, misleading or deceptive practices respecting Seller, Seller's Trademarks or the Goods, including any product disparagement; and
(c) separate any software or accessories sold, bundled or packaged with any Good from such Good or sell, license or distribute such software on a standalone basis, or remove, translate or modify the contents or documentation of or related to such software or accessories, including any customer license agreements or warranty statements; provided however that the limitation in this subsection (c) shall not apply to any software or accessories the designs or Intellectual property for which are owned, licensed, or sourced by Buyer.
Certain Prohibited Acts. Neither Merchant nor any of its officers, directors, employees, contractors, agents or other representatives shall make any representations, warranties, guarantees, indemnities, similar claims or other commitments relating to or on behalf of Provider or the Financing Services.
Certain Prohibited Acts. Without obtaining Special Approval, the General Partner shall not take any action to cause the Partnership to (i) make or consent to a general assignment for the benefit of the Partnership's creditors; (ii) file or consent to the filing of any bankruptcy, insolvency or reorganization petition for relief under the United States Bankruptcy Code naming the Partnership or otherwise seek, with respect to the Partnership, relief from debts or protection from creditors generally;
