Coordinating Agreement Sample Clauses

Coordinating Agreement. All conditions to Exide Corporation's ---------------------- obligations set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against Seller by reason of such failure.
Sample 1
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Coordinating Agreement. All conditions to Pacific Dunlop Holdings ----------------------- (USA) Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Seller may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Seller shall be deemed to have waived any such failure and any rights or remedies it may have against the Buyer by reason of such failure.
Sample 1
Coordinating Agreement. All conditions to Buyer's obligations set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied.
Sample 1
Coordinating Agreement. All conditions to Exide Corporation's ---------------------- obligations set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against the Seller by reason of such failure.
Sample 1
Coordinating Agreement. The parties agree that nothing in ---------------------- this Agreement is intended to exclude, or reduce the operation or effect of, the indemnities and limitations contained in Article 4 of the Coordinating Agreement.
Sample 1
Coordinating Agreement. All conditions to Exide Corporation's obligations ---------------------- set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement ----------------- ------ shall have been satisfied.
Sample 1
Coordinating Agreement. All conditions to Pacific Dunlop Holdings (USA) ---------------------- Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating ------------ ------ Agreement shall have been satisfied.
Sample 1
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Related to Coordinating Agreement

  • Marketing Agreement The Company shall have entered into, ------------------- executed and delivered the Marketing Agreement.

  • Joint Operating Agreement LEEXUS OIL and PARTICIPANT (NON-OPERATOR) agree to add, amend, ratify the current Master Joint Operating Agreement (“Master JOA”) with XXXXX Joint Accounting Procedure, originally signed and dated September 9, 2008, and contemporaneously herewith, designating LEEXUS OIL L.L.C. as Operator of the XXXXX. PARTICIPANT (NON-OPERATOR) will be responsible and liable for paying their proportionate share of any and all monthly operating costs, rework costs or any and all other costs as may be incurred as a result of conducting operations in accordance with the Master JOA as of the effective date and thereafter. In the event of any conflict between the provisions of the Joint Operating and this Letter Agreement, both parties agree the terms of this Letter Agreement shall control.

  • Development Agreement That certain Development Agreement dated of even date herewith by and between the Company and Developer providing for the development of the Project on the Property, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. Development Fee. As described in Section 6.8.

  • Services Agreement The Company has entered into the Services Agreement with the Sponsor pursuant to which the Sponsor will make available to the Company general and administrative services including office space, utilities and secretarial support for the Company’s use for $10,000 per month, subject to adjustment as provided for in the Services Agreement. Prior to the consummation of a Business Combination, the Company shall not enter into any other arrangement for the provision of such services with any Insider that will require the Company to pay in excess of $10,000 per month for such services.

  • Master Services Agreement This Agreement is a master agreement governing the relationship between the Parties solely with regard to State Street’s provision of Services to each BTC Recipient under the applicable Service Modules.

  • Operating Agreement The Borrower will not amend, modify, waive or terminate any provision of its operating agreement without the prior written consent of the Administrative Agent.

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • The Management Agreement Borrower shall use commercially reasonable efforts to cause Manager to manage the Property in accordance with the Management Agreement. Borrower shall (a) diligently perform and observe all of the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (b) promptly notify Agent of any notice to Borrower or Manager of any default by Borrower in the performance or observance of any material terms, covenants or conditions of the Management Agreement on the part of Borrower to be performed and observed, and (c) promptly deliver to Agent a copy of all material notices received by it (including, without limitation, any notices relating to the Ground Lease, the Reciprocal Easement and any Joint Manager (as defined in the Reciprocal Easement Agreement) and, upon request by Agent, any other financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement (but excluding any immaterial general correspondence and internal discussion drafts of any such plans, reports or estimates); and (iv) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by Manager under the Management Agreement. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its obligations hereunder or under the Management Agreement, Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed.

  • Implementing Agreement Subject to the terms and conditions hereof, each party hereto shall use its best efforts to take all action required of it to fulfill its obligations under the terms of this Agreement and to facilitate the consummation of the transactions contemplated hereby.

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