El Paso. El Paso may terminate this Agreement (i)(A) pursuant to the provisions of Paragraph 3.3 relating to Requests for Exclusion; or (B) if the court in which the Xxxxxxxxxx Action is pending denies a request made pursuant to this Agreement to dismiss that action with prejudice as to El Paso; or (C) if the Class Action Court does not make a determination that this Agreement was entered into in good faith as provided in Paragraph 3.2(e), or such determination is reversed by any appellate court; or (D) if the court in which the Nevada Action pending does not make a determination that this Agreement was entered into in good faith as provided in Paragraph 3.2(f), or such determination is reversed by any appellate court; or (ii) if there has been a material misrepresentation, a material breach of warranty, or a material failure to comply with any covenant or agreement on the part of any of the Settling Claimants with respect to their representations, warranties, covenants or agreements set forth herein, and such misrepresentation, breach, or failure to comply has not been cured in all material respects within ten (10) Business Days of receipt by the Designated Representative from El Paso of written notice thereof. Notwithstanding the foregoing, reversal accompanied by remand for additional findings or otherwise for further consideration by the trial court shall not be a basis for termination, unless and until the reversal takes effect as a final disposition.
El Paso. El Paso agrees to be the lead and fiscal agent for both the FNS an HCPF grants, and further agrees to perform its responsibilities set forth in the FNS and HCPF grants, as well as the attached Appendix A: Scope of Service.
El Paso. (i) At least one Business Day prior to the Closing Date, El Paso shall cause its interests in the Specified New Assets to be sold to Mesquite.
El Paso. El Paso covenants and agrees that prior to the date that is a year and a day after the cancellation of all outstanding Limestone Certificates pursuant to Section 7.04 of the Limestone Trust Agreement, it will not institute against, or join any other person in instituting against, Limestone, El Paso Chaparral Holding, El Paso Chaparral, the Management Company, Chaparral, Mesquite, the Overfund Trust or the Share Trust any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or similar proceeding under the laws of the United States or any state of the United States.
El Paso. Tendrá el significado estipulado en la Sección 3.4 del Convenio Básico, y misma sección que se incorpora aquí por referencia, tal y como si se insertara a la letra.
El Paso. El Paso covenants and agrees that prior to the date that is a year and a day after the later to occur of (i) the receipt by the Class A Shareholder of payments (excluding indemnity and expense reimbursement payments (other than payments received under Section 6.1(b), 6.1(c) or 6.1(d)) and, in the case of clause (a) below, any payments of Shareholder Yield or Default Yield already received) that, in the aggregate, are equal to (a) prior to the Extension Period Commencement Date, the Capital Price or (b) on or after the Extension Period Commencement Date, the Target IRR Amount and (ii) the receipt by the Class A Shareholder, the Equity Investors, the directors of Investor and the directors of Citrine (after the acceleration of the Emerald Loan) of all expense reimbursement payments due and owed to such Persons on the date referred to in clause (i) above pursuant to Section 5.5 and Section 5.05 of the Indenture, it will not institute against, or join any other Person in instituting against, EPED Holding, EPED B, Investor, the Management Company, Topaz, Emerald, Citrine, Garnet, Diamond, Diamond Holdings, Amethyst, Aquamarine, Peridot or the Share Trust any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or similar proceeding under the laws of the United States or any state of the United States or in the Cayman Islands or any other jurisdiction, as applicable.
El Paso. El Paso shall indemnify, defend and hold harmless the EP Energy Group from and against all Liabilities arising from (i) any Use by the El Paso Group of the Jointly Owned Software, (ii) any results and decisions from such Use, (iii) the failure to obtain or comply with any Third Party Licenses, (iv) the failure to comply with Laws applicable to Use, and (v) any unauthorized intrusion by a third party into the El Paso Group computer systems, which intrusion adversely impacts Use of the Jointly Owned Software by EP Energy.
