CONTINUING OFFER. The covenants and agreements contained in this Lease with respect to the rights, powers and benefits of a mortgagee (particularly, without limitation thereby, the covenants and agreements contained in this Article VIII) constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Lease or by entry or foreclosure assumes the obligations herein set forth with respect to such mortgagee, and such mortgagee shall be entitled to enforce such provisions in its own name. Tenant agrees on request of Landlord to execute and deliver from time to time any agreement which may reasonably be deemed necessary to implement the provisions of this Article VIII.
CONTINUING OFFER. The covenants and agreements contained in this Lease with respect to the rights, powers and benefits of a mortgagee (particularly, without limitation thereby, the covenants and agreements contained in this Article VIII) constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Lease or by entry or foreclosure assumes the obligations herein set forth with respect to such mortgagee; such mortgagee is hereby constituted a party to this Lease as an obligee hereunder to the same extent as though its name were written hereon as such; and such mortgagee shall be entitled to enforce such provisions in its own name. Xxxxxx agrees on request of Xxxxxxxx to execute and deliver from time to time any agreement which may reasonably be deemed necessary to implement the provisions of this Article VIII.
CONTINUING OFFER. The covenants and agreements contained in this Lease with respect to the rights, powers and benefits of a Mortgagee (particularly, without limitation thereby, the covenants and agreements contained in this Article) constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Lease or by entry or foreclosure assumes the obligations herein set forth with respect to such Mortgagee; every such Mortgagee is hereby constituted a party to this Lease as an obligee hereunder to the same extent as though its name was written hereon as such; and such Mortgagee shall be entitled to enforce such provisions in its own name.
CONTINUING OFFER. The covenants and agreements contained in this Lease with respect to the rights, powers and benefits of a mortgagee (particularly, without limitation thereby, the covenants and agreements contained in this Section) constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Lease or by entry or foreclosure assumes the obligations herein set forth with respect to such mortgagee; every such mortgagee is hereby constituted a party to this Lease as an obligee hereunder to the same extent as though its name was written hereon as such; and such mortgagee shall be entitled to enforce such provisions in its own name.
CONTINUING OFFER. The Titanium Family Group hereby acknowledges and agrees that no member of the Titanium Family Group or any of their respective transferees has any rights under that certain Second Amended and Restated Continuing Offer of Titanium, effective as of May 16, 2000.
CONTINUING OFFER. This Section shall constitute a continuing offer to all persons who, in reliance on such provisions, become holders of, or continue to hold, Senior Debt, and such provisions of this Section are made for the benefit of such holders and may not be amended, modified, changed or waived without the prior written consent of the holders of Senior Debt.
CONTINUING OFFER. The covenants and agreements contained in this Agreement with respect to the rights, powers and benefits of a mortgagee constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Agreement or by entry or foreclosure assumes the obligations herein set forth with respect to such mortgagee, and such mortgagee shall be entitled to enforce such provisions in its own name. Tenant agrees on request of Landlord to execute and deliver from time to time any agreement which may reasonably be deemed necessary to implement the provisions of this Article VIII.
CONTINUING OFFER. The covenants and agreements contained in this Lease with respect to the rights, powers and benefits of a mortgagee (particularly, without limitation thereby, the covenants and agreements contained in this Article VIII) constitute a continuing offer to any person, corporation or other entity, which by accepting or requiring an assignment of this Lease or by entry or foreclosure assumes the obligations herein set forth with respect to such mortgagee, and such mortgagee shall be entitled to enforce such provisions in its own name. Provided that such mortgagee agrees in writing, pursuant to an agreement substantially in the form of Exhibit J attached hereto, to assume the Landlord’s obligations hereunder, Tenant agrees on request of Landlord to execute and deliver from time to time an agreement substantially in the form of Exhibit J attached hereto which may reasonably be deemed necessary to implement the provisions of this Article VIII.
CONTINUING OFFER. PacTel's obligations to close the transaction contemplated under this Agreement are conditioned upon (a) TCI irrevocably designating PacTel as a Designated Offeree under the Continuing Offer pursuant to the designation attached hereto as Exhibit A (the "TCI Designation"), and (b) TCI issuing to PacTel the representation letter (the "TCI Representation Letter") attached hereto as Exhibit B. TRG shall use its best efforts to cause TCI to file with the Securities and Exchange Commission (the "SEC") a registration statement on Form S-3 (or any successor form or other form then available to TCI) under the Securities Act of 1933, as amended (the "Securities Act"), that, when declared effective under the Securities Act, will register for resale under the Securities Act shares of TCI Stock that PacTel would have the right to acquire upon acceptance of the Continuing Offer with respect to their TRG Units. TRG shall use its best efforts to cause TCI to have the foregoing registration statement filed with the SEC no later than the 305th day following the Closing, declared effective by the SEC as soon as practicable after the first anniversary of the Closing and to remain effective for so long as PacTel (or any assignee of PacTel who is an Eligible Holder at the time of assignment, provided that PacTel notifies TCI of such assignment and such assignee cooperates in effecting any required amendment of such registration statement) owns any TRG Units or shares of TCI Stock. PacTel will take all steps reasonably requested by TRG or TCI to enable such registration statement to be declared effective and, thereafter, to enable TCI to satisfy any undertakings included therein. TRG shall also use its reasonable efforts to cause TCI to comply with its obligations regarding "Blue Sky" registration set forth
CONTINUING OFFER. 31 21.7 Subordination................................................................ 31 21.8
