Determine. You will not announce or advertise the Offering prior to the date of the Manager’s announcement or advertisement thereof without the Manager’s consent. If the Offering is made in whole or in part in reliance on any applicable exemption from registration under the 1933 Act, you will not engage in any general solicitation, announcement, or advertising in connection with the Offering, and will abide by any other restrictions in the AAU or the Underwriting Agreement in connection therewith relating to any announcement, advertising, or publicity. Any announcement or advertisement you may make of the Offering after such date will be your own responsibility, and at your own expense and risk. In addition to your compliance with restrictions on the Offering pursuant to Sections 10.9, 10.10, 10.11, and 10.12 hereof, you will not, in connection with the offer and sale of the Securities in the Offering, without the consent of the Manager, give, send, or otherwise convey to any prospective purchaser or any purchaser of the Securities or other person not in your employ any written communication (as defined in Rule 405 under the 0000 Xxx) other than:
Determine. (i) The capacity, adequacy, or efficiency of a heating system.
(ii) Determine adequacy of combustion air.
Determine. (i) The potability of any water supply whether public or private.
(ii) The condition and operation of water xxxxx and related pressure tanks and pumps.
(iii) The quantity of water from on-site water supplies.
(iv) The quality or the condition and operation of on-site sewage disposal systems such as waste ejector pumps, cesspools, septic tanks, drain fields, related underground piping, conduit, cisterns, and related equipment.
Determine. To find out, or come to a conclusion by investigation.
Determine the nature and kind of business conducted by the Company; the kinds and locations of plants; the methods and techniques of work; the content of the jobs; the schedules of production; the number of employees to be employed; the extension, limitation, or cessation of operations or any part thereof; all other aspects of the Company’s operation.
Determine. The quantity and quality of supplies and equipment; quality and scope of curricular offerings; staffing requirements for classified and certificated personnel; schedules, standards, shifts and hours of all personnel assignments; procedures for instruction and accompanying grade reporting techniques. The aforementioned list shall in no way be construed to limit the rights of the Board except by limitation of this Agreement.
Determine. If any of the Collateral is sold, leased or otherwise disposed of by the Administrative Agent on credit, the Secured Obligations shall not be deemed to have been reduced as a result thereof unless and until payment is finally received thereon by the Administrative Agent.
Determine. The Collateral Agent shall not be obligated to make any such sale pursuant to any such notice. The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned. In case of any sale of all or any part of the Collateral on credit or for future delivery, the Collateral so sold may be retained by the Collateral Agent until the selling price is paid by the purchaser thereof, but the Collateral Agent shall not incur any liability in case of the failure of such purchaser to take up and pay for the Collateral so sold and, in case of any such failure, such Collateral may again be sold upon like notice. The Collateral Agent, instead of exercising the power of sale herein conferred upon it, may proceed by a suit or suits at law or in equity to foreclose the security interests and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction.
Determine. The Rights Agent shall have no duty to supervise, and in no event shall be liable for, the acts or omissions of any such co-Rights Agent
