Covenant of the Purchaser. The Purchaser covenants to deliver all of the closing documentation set out in Section 8.1.
Covenant of the Purchaser. The Purchaser hereby covenants and agrees with the Seller that, from the date hereof until the termination of this Agreement, unless the Seller otherwise consents in writing, the Purchaser shall comply with Section 9(c) of the Purchaser’s amended and restated limited liability company agreement dated as of November 30, 2017.
Covenant of the Purchaser. The Purchaser covenants to deliver to the Target on or before the Closing Date all of the Closing documentation set out in Section 9.1, and such other documents as the Target may reasonably require to effect the transactions contemplated hereby.
Covenant of the Purchaser. The Purchaser will perform all of its obligations under this Agreement and the Master Agreement in a timely manner.
Covenant of the Purchaser. 5.1 Forthwith after execution and delivery of this Agreement and the Non-Principals Agreements, the Purchaser will take such steps and proceedings as may be reasonably required to obtain the acceptance for filing by the TSXV of this Agreement and the Non- Principals Agreements and the transactions contemplated hereby, and any necessary consents or approvals from the Commissions and any other applicable regulatory authority, with respect to the transactions contemplated by this Agreement and the Non- Principals Agreements including, without limitation, the acquisition of the Corporation Shares and Corporation Warrants and the issuance of the Everton Shares and Everton Warrants, and will comply with all applicable statutes and regulations and with all policy statements of the Commissions and the by-laws, rules and policies of the TSXV.
Covenant of the Purchaser. The Purchaser covenants and agrees to establish, maintain and collect rates and charges for the service of its electric system, and to conduct its business, in a manner which shall produce revenues and receipts at least sufficient to enable the Purchaser to pay to the Seller, when due, all amounts payable by the Purchaser under this Agreement and to pay any and all other amounts payable from, or which might constitute a charge and a lien upon, the revenues and receipts derived from its electric system, including all operation and maintenance expenses and the principal of, premium, if any, and interest on all indebtedness related to the Purchaser’s electric system.
Covenant of the Purchaser. The Purchaser hereby covenants and agrees to make this Agreement publicly available, including by filing this Agreement on SEDAR.
Covenant of the Purchaser. Upon the receipt by the Company of (i) the net proceeds of the refunded portion of the workers’ compensation policy issued by AIG covering the employees of TradeStar Construction Services, Inc., resulting from the sale of substantially all of the assets of such subsidiary on October 26, 2007, and (ii) the release of the balance of $1,600,000 of the proceeds from the Company’s sale of all of its stock in Petroleum Engineers, Inc. on March 11, 2008, which is currently escrowed with U.S. Bank, National Association, the Purchaser covenants and agrees that he shall cause the Company to pay the principal amount and accrued interest due and owing by the Company to each holder of Unsecured Promissory Notes dated May 23, 2006.
Covenant of the Purchaser. The Purchaser hereby agrees to support and vote in favor of JAC's plan of reorganization (the "Plan") that is filed by JAC in JAC's Chapter 11 case under Xxxxx 00, Xxxxxx Xxxxxx Code, pending in the United States Bankruptcy Court (the "Court") for the Northern District of Texas, Dallas Division, Case No. 397-31261-SAF-11; provided, however, the Purchaser shall not be obligated to -------- ------- support or vote in favor of JAC's Plan if the Plan is not confirmed by the Court by October 2, 1997, in which case the provisions of this Section 6.1 shall be of no force or legal effect; and further, provided, that the Purchaser shall not be ------- -------- obligated to support or vote for the Plan unless the Plan contains the following provisions (herein, the "Designated Provisions") (or, in lieu of any one or more of the Designated Provisions, such other provisions substantially similar to the Designated Provisions respecting the treatment of the Preferred Stock and the JMAC Claim (as defined below) as are reasonably acceptable to the Purchaser and are agreed to in writing by the Purchaser prior to confirmation of the Plan):
(i) The Plan shall provide for payment by JAC of the $7.4 million claim due to the Company (the "JMAC Claim") in full within six months following confirmation of the Plan in accordance with an amortization schedule reasonably acceptable to the Purchaser and to be specified in the Plan; and
(ii) On the confirmation date of the Plan, JAC shall issue to the Purchaser a number of shares of Common Stock of JAC equal to the amount derived by dividing (i) the redemption price of the Preferred Stock at the confirmation date, as determined pursuant to that "Statement of Resolution Establishing Series A Preferred Stock of Jayhawk Medical Corporation," the form of which is attached hereto, by (ii) an amount equal to 75% of the average of the last reported daily sale price per share of JAC's Common Stock on the NASDAQ National Market during the period beginning with the twentieth (20th) trading day preceding the date the Plan is confirmed and continuing for a period ending on the twentieth (20th) trading day following the date the Plan is confirmed, as reported in The Wall Street Journal, and in exchange therefore the Purchaser shall surrender the Preferred Stock to JAC for cancellation (such shares of Common Stock shall be issued in the name of the Purchaser or such other name as he shall direct). In the event that the terms of the Plan, as proposed ...
Covenant of the Purchaser. 5.1 The Purchaser shall take all such steps and proceedings as may be reasonably required to obtain all necessary consents or approvals from any regulatory authorities with respect to the transactions contemplated hereunder, including, if applicable, the approval of the Contemplated Transactions by the Exchange.
