Conditions to Closing and Conditions to the Sale Andpurchase of the Shares
Conditions to Closing and Conditions to the Sale Andpurchase of the Shares Sample Clauses
Related to Conditions to Closing and Conditions to the Sale Andpurchase of the Shares
WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and
NOW, THEREFORE the parties agree as follows:
Definitions As used in this Agreement, the following terms shall have the following meanings:
Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:
Termination This Agreement may be terminated at any time prior to the Closing:
Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.
Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.
Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three
