Formation Agreements. Pledgor shall, at its expense: (i) perform and comply in all material respects with all terms and provisions of any applicable Formation Agreement required to be performed or complied with by such agreement; (ii) maintain such Formation Agreement in full force and effect, without any cancellation or termination thereof, or any amendment, supplement, or other modification thereto (if such action could adversely affect the rights and remedies of the Credit Parties under the Loan Documents), except as explicitly required or contemplated by its terms (as in effect on the date hereof) or as permitted under the Credit Agreement, without the prior written consent of Secured Party; (iii) enforce such Formation Agreement in accordance with its terms, without waiving any default under or breach of such Formation Agreement or waiving, failing to enforce, forgiving, or releasing any material right, interest, or entitlement of any kind, howsoever arising, under or in respect of such Formation Agreement; and (iv) take all such action to that end as from time to time may be reasonably requested by Secured Party.
Formation Agreements. Each Pledgor shall, at its expense, maintain each applicable Formation Agreement in full force and effect, without any cancellation, termination, amendment, supplement, or other modification of such Formation Agreement, except as explicitly required by its terms (as in effect on the date hereof), except for amendments, supplements or other modifications that do not adversely affect the interests of the Creditors in any material respect and except for Formation Agreements in respect of Pledged Interests of partnerships or limited liability companies that have been released from this Agreement under Section 17.
Formation Agreements. Each Pledgor shall, at its expense: (i) perform and comply in all material respects with all terms and provisions of any applicable Formation Agreement required to be performed or complied with by such agreement; (ii) maintain such Formation Agreement in full force and effect, without any cancellation, termination, amendment, supplement, or other modification of any Formation Agreement, except as explicitly required by its terms (as in effect on the date hereof), without the prior written consent of Secured Party; (iii) enforce such Formation Agreement in accordance with its terms, without waiving any default under or breach of such Formation Agreement or waiving, failing to enforce, forgiving, or releasing any right, interest, or entitlement of any kind, howsoever arising, under or in respect of such Formation Agreement; and (iv) take all such action to that end as from time to time may be reasonably requested by Secured Party.
Formation Agreements. Subject to Section 5 of this Agreement, each Pledgor shall, at its expense, maintain each applicable Formation Agreement in full force and effect, without any cancellation, termination, amendment, supplement, or other modification of such Formation Agreement, except as explicitly required by its terms (as in effect on the date hereof), except for amendments, supplements or other modifications that do not materially adversely affect the interests of the Lenders in any material respect and except for Formation Agreements in respect of Pledged Shares or Pledged Interests of partnerships or limited liability companies that have been released from this Agreement under Section 17. Form of Pledge Agreement
Formation Agreements. The execution and delivery of this Agreement, the Subscription Agreements and the Formation Agreements have been duly authorized by all necessary corporate action of the Company. This Agreement, the Subscription Agreements and the Formation Agreements have been duly executed and delivered by the Company. The Subscription Agreements and the Formation Agreements, when duly executed and delivered by the other parties thereto, will be the valid and binding agreements of the Company, enforceable against the Company in accordance with their respective terms.
Formation Agreements. Each of the Formation Agreements has been duly authorized, executed and delivered by or on behalf of the Company or the subsidiaries party thereto and constitutes a valid and binding agreement of the Company or the subsidiaries party thereto, enforceable in accordance with their terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally. On or prior to the First Closing Date, all of the Formation Transaction shall have been consummated or shall be consummated contemporaneously with the First Closing Date.
Formation Agreements. The Formation Transactions shall be consummated contemporaneously with or immediately following the issuance and sale of the Firm Common Shares hereunder.
Formation Agreements. Each of the General Partner, the Company and Kaiser agrees that the representations and warranties set forth in Sections 2 through 7 of this Acknowledgment and Certificate shall not amend, limit or otherwise modify in any manner any of the respective parties' rights and obligations under any of the Formation Agreements; provided, however that the foregoing shall not preclude Kaiser from asserting a claim hereunder arising from a breach of any such representation or warranty.
Formation Agreements. 4 (f) Authorization of the Units, Warrants, Unit Shares and Warrant Shares............. 4 (g) Reservation for Issuance of a Sufficient Number of Warrant Shares................ 4 (h) No Applicable Registration or Other Similar Rights............................... 4 (i) No Material Adverse Change....................................................... 4 (j)
Formation Agreements. Each Formation Agreement to which the Company or any Subsidiary of the Company is a party has been, or will be upon execution and delivery thereof, duly authorized, executed and delivered by the Company and each Subsidiary of the Company party thereto. The Company, each Subsidiary, and, to the knowledge of the Company, each other party to each Formation Agreement has full legal right, power and authority to enter into each such agreement and to consummate the transactions contemplated therein. Each Formation Agreement does or will, as applicable, constitute a valid and binding agreement of the Company and each Subsidiary of the Company which is a party thereto enforceable in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles. None of the Company, any Subsidiary or, to the knowledge of the Company, any other party is or upon completion of the offering and all related transactions will be in breach of or default under any Formation Agreement.
