Consents and Acknowledgments. The Borrower shall have obtained all consents, approvals and acknowledgments which may be required with respect to the execution, delivery and performance of this Agreement.
Consents and Acknowledgments. Each Party irrevocably acknowledges and agrees that this Agreement is not and shall not be deemed to be a solicitation for acceptances to the Plan. The acceptance of the Plan by each of the Restructuring Support Parties will not be solicited until such Parties have received the Disclosure Statement and related ballots approved by the Bankruptcy Court and in accordance with applicable law, and will be subject to sections 1125, 1126 and 1127 of the Bankruptcy Code.
Consents and Acknowledgments. Borrowers shall have obtained all consents, approvals and acknowledgments which may be required with respect to the execution, delivery and performance of this Amendment.
Consents and Acknowledgments. Each Party irrevocably acknowledges and agrees that this Agreement is not and shall not be deemed to be a solicitation for consents to the Plan. The acceptance of the Plan by each of the Consenting Noteholders will not be solicited until such Parties have received the Disclosure Statement and related ballots in accordance with applicable law, and will be subject to sections 1125, 1126, and 1127 of the Bankruptcy Code. This Agreement does not constitute, and shall not be deemed to constitute, an offer for the purchase, sale, exchange, hypothecation, or other transfer of securities for purposes of the Securities Act of 1933 and the Securities Exchange Act of 1934 (or any other federal, state, or provincial law or regulation).
Consents and Acknowledgments. The Tender and Paying Agent hereby acknowledges receipt of (i) the Amendment to the Articles Supplementary, dated as of April 23, 2013 and (ii) the Amendment to Notice of Special Rate Period, dated as of April 23, 2013, attached hereto as Exhibits A and B, respectively.
Consents and Acknowledgments. Each Party irrevocably acknowledges and agrees that this Agreement does not constitute an offer to issue or sell securities to any Person, or the solicitation of an offer to acquire or buy securities, in any jurisdiction where such offer or solicitation would be unlawful.
Consents and Acknowledgments. (a) Each Party irrevocably acknowledges and agrees that this Agreement is not and shall not be deemed to be a solicitation for consents to the Plan. The acceptance of the Plan by each of the Restructuring Support Parties will not be solicited until such Parties have received the Disclosure Statement and related ballots in accordance with applicable law (as provided under sections 1125(g) and 1126(b) of the Bankruptcy Code), and will be subject to sections 1125, 1126 and 1127 of the Bankruptcy Code.
(b) By executing this Agreement (including, for the avoidance of doubt, any entity that may execute this Agreement or a Transferee Joinder after the RSA Effective Date), each Consenting First Lien Holder, Consenting Second Lien Holder, and MACH Gen Entity acknowledges and agrees that, until the occurrence of the Consummation Date, and subject to the terms of the Financing Orders, (i) the Prepetition First Lien Credit Agreement, any use of cash collateral and debtor in possession financing authorized by the Financing Orders, including the DIP Credit Agreement, and the New First Lien Credit Agreement shall continue to constitute a “Refinancing First Lien Credit Agreement” “as Amended and Refinanced” pursuant to the Intercreditor Agreement; and (ii) the obligations under the Prepetition First Lien Credit Agreement, any use of cash collateral and debtor in possession financing authorized by the Financing Orders, including the DIP Credit Agreement, and the New First Lien Credit Agreement are and shall continue to be treated as First Lien Obligations (as defined in the Intercreditor Agreement) for all purposes of the Intercreditor Agreement and the Financing Documents (as defined in the Intercreditor Agreement), including for purposes of the Lien (as defined in the Intercreditor Agreement) priorities and rights in respect of Collateral (as defined in the Intercreditor Agreement) set forth therein.
(c) By executing this Agreement (including, for the avoidance of doubt, any entity that may execute this Agreement or a Transferee Joinder after the RSA Effective Date), each Consenting Second Lien Holder hereby irrevocably consents, for all purposes of the Intercreditor Agreement and the Financing Documents (as defined in the Intercreditor Agreement), to the MACH Gen Entities’ and Consenting First Lien Holders’ entry into the Prepetition First Lien Credit Agreement, the MACH Gen Entities’ use of cash collateral and debtor in possession financing authorized by the Financing ...
Consents and Acknowledgments. The Fund hereby consents to the Tender and Paying Agent entering into the Amendment, dated as of June 20, 2012, to the VRDP Shares Purchase Agreement, dated as of April 21, 2011, between the Tender and Paying Agent and the Liquidity Provider (the “VRDP Shares Purchase Agreement Amendment”) and the Fund certifies that the VRDP Shares Purchase Agreement Amendment is permitted by the Charter, including the Articles Supplementary.
Consents and Acknowledgments. Each Party irrevocably acknowledges and agrees that this Agreement is not and shall not be deemed to be a solicitation for consents to the Plan. The acceptance of the Plan by each of the Restructuring Support Parties will not be solicited until such Parties have received the Disclosure Statement and related ballots in accordance with applicable law, and will be subject to sections 1125, 1126, and 1127 of the Bankruptcy Code. In addition, this Agreement does not constitute an offer to issue or sell securities to any Person, or the solicitation of an offer to acquire or buy securities, in any jurisdiction where such offer or solicitation would be unlawful.
Consents and Acknowledgments. The Company and the user agree to, and acknowledge, the following:
1. The Service includes: collecting and making payments for actual transactions as an agent, accepting deposits of funds as stored value funds, and transferring funds between e-payment accounts or other businesses approved by the competent authority. The Company provides all, or part of, the Service as applied for by the user or in accordance with the scope of business permitted by law.
2. The Company shall be responsible for disputes arising from the provision of the Services under this Contract, whereas disputes arising out of other transactions between users that are unrelated to the Service will be dealt with according to the legal relationship between the users.
3. The Company and the user may use electronic documents as a declaration of intent. The validity of such electronic document shall be the same as a written document, provided that the content of the electronic document can be presented in its integrity, is sufficient for identification purpose, and can remain accessible for future reference.
4. When the user makes a withdrawal from its e-payment account, the Company will not pay in cash, but shall transfer the withdrawn funds into a same-currency bank deposit account of the user.
5. The ownership and utilization of interest or other income earned from funds of the user that are deposited in a dedicated deposit account shall be determined in accordance with applicable rules and regulations.
6. The user shall not use the Service in an illegal manner, nor shall the user provide its e-payment account for illegal use. In case of violation, the user shall assume the legal consequences thereof.
7. When the user has opened more than one e-payment account at the Company, the amounts of payment received and made by respective accounts shall not exceed the limit set out for that type of account, whereas the total limits on those accounts combined shall not exceed the highest limit set for e-payment accounts registered and opened by the user.
8. The Company’s policy for users’ payment refund is as follows: the money will be returned to the original e-payment account, but the balance of stored value shall still be in accordance with Paragraph 2 of Article 6 hereof; if the Company is unable to handle the refund operation as described above, the refund will not be paid in cash; instead, the user shall provide his/her own deposit account, and the Company will transfer the refund to such depos...
