FURTHER UNDERTAKING. Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is eligible to sign this agreement on behalf of the Mandatary. The signing power of this representative must be designated in writing. A copy of this letter must be made available to the Client. The Contract/Project Manager shall sign this agreement as the Client’s representative.
FURTHER UNDERTAKING. The Covenantors jointly and severally undertake with the Covenantees that the Covenantors will on demand do all such acts and things and execute all such deeds and documents as may be necessary to carry into effect or to give legal effect to the provisions of this Deed and the indemnities hereby contemplated.
FURTHER UNDERTAKING. A Party further undertakes:
(a) to use the Confidential Information solely for the purpose of fulfilling its obligations under this Agreement;
(b) to limit access to Confidential Information to those directors, officers, employees, subcontractors and agents who reasonably require the same in order to ensure the satisfactory performance of its obligations under this Agreement;
(c) to inform each of the directors, officers, employees, subcontractors and agents to whom Confidential Information is disclosed of the restrictions as to the use and disclosure of Confidential Information under Clause 30.1 and to use all reasonable endeavours to ensure that all such persons observe such restrictions; and
(d) upon receipt of a written request from the other Party and in any event upon completion of the Services or earlier termination of this Agreement, to return to the other Party all documents, papers, computer programs, software or records containing Confidential Information of such other Party.
FURTHER UNDERTAKING. Each of the Warrantors undertakes to each of the Joint Sponsors and the Underwriting Parties that it will notify the Joint Sponsors and the Overall Coordinators (for themselves and on behalf of the other Hong Kong Underwriters) immediately if it becomes aware that any person who has applied for or indicated an interest for Offer Shares (or their respective beneficial owners) (a) is not a third party independent of the Company; (b) falls within (i) any of the placee categories (being individual, corporate, fund, swap investor and PRC governmental body related placee other than "Not Applicable" or, unless requested, "Non-SFC authorised fund") as set out in the Stock Exchange's placee list template or required to be disclosed by the FINI interface in relation to placees or under the Listing Rules or (ii) any of the groups of placees that would be required under the Listing Rules (including but not limited to Rule 12.08A of the Listing Rules) to be identified in the Company's allotment results announcement; or (c) is financed directly or indirectly by, or accustomed to taking instructions from, the Company, any of the directors, chief executive, controlling shareholder(s), substantial shareholder(s) or existing shareholder(s) of the Company or any of its subsidiaries or any of their respective close associate (as such terms are defined in the Listing Rules).
FURTHER UNDERTAKING. 20.1 Each of the Vendors hereby jointly and severally undertake to procure the following :
(a) the Company is restructured such that the entire equity interests of Sixxx Xxxxxxxx, Challenger Ruihua, and Shanghai Helian respectively are beneficially owned (whether directly and/or indirectly) by the Company, including attending to all necessary matters to complete restructuring, within 2 months of the signing date of the Agreement.
(b) The Company, following completion of the restructuring, shall meet the following requirements:
I. its entire registered capital shall be no less than RMB30,000,000;
II. the Purchaser shall at all times remain as the beneficial owner of the 51% equity interest in the entire registered capital of and in the Company;
III. the Company shall be as the actual beneficial owner of the 100% equity interest in the entire registered capital of and in Sihai Lanxiang, Challenger Ruihua, Shanghai Helian ("100% Interest") and have full rights ,benefits , interests and control in the 100% Interest;
IV. the representatives of Sixxx Xxxxxxxx, Challenger Ruihua, Shanghai Helian are respectively Sux Xxx, Xxxxx Xxxx, Mexx Song at the signing date of the Agreement and the said Sux Xxx, Xxxxx Xxxx, Mexx Xong as the registered owner of the 10% equity interest in the entire registered capital of and in Sihai Lanxiang, Challenger Ruihua, Shanghai Helian respectively ("10 % Interest") shall at all times (unless otherwise agreed in writing by the Company and the Purchaser) hold on trust such 10% Interest on behalf of the Company such that the Company shall have the full rights, benefits, interests and control in the 10% Interest and as beneficial owner;
V. Xxx Xxx, Xxxxx Xxxx, Mexx Xong shall duly execute and deliver the Pledge Agreement , the Power of Attorney, the Statement for Waiving the Priority Rights, the Shareholders' Undertaking and such other documents and deeds as maybe reasonably requested by the Company (in respect of the 10% Interest and such that the Company may at all times exercise control and have absolute benefit in the 10% Interest) to and in favor of the Company;
VI. the Company shall be the registered owner of the 90% equity interest in the entire registered capital of and in Sihai Lanxiang, Challenger Ruihua, Shanghai Helian.
20.2 Each of the Vendors hereby jointly and severally undertake to procure that the Company will acquire Beijing Xingrun Jiayuan Tech Co., (" Jiayuan Tech"). The relevant agreements will be executed by the Ven...
FURTHER UNDERTAKING. 4.1 Only a duly authorized representative is eligible to sign this Agreement on behalf of the Mandatary.
4.2 The Mandatary confirms that it has been informed that it must report to the Client/Employers’ management, in writing, anything it deems to be unhealthy and/or unsafe.
4.3 The Mandatary warrants that it shall not endanger the Health & Safety of the Clients/Employer’s employees or any other person who may be affected in any way whilst performing work on the Principal Contractor’s site.
4.4 The Mandatary understands that no work may commence until this procedure has been duly completed, signed and received by the Principal Contractor.
4.5 Non-compliance with any of the above clauses may lead to an immediate cancellation of the contract.
FURTHER UNDERTAKING. New Trust will, from time to time, at the reasonable request of Ultimus and/or the Current Trust, respectively, execute and deliver or cause to be executed and delivered, such other instruments, notices, documents and agreements and do all such further acts as Ultimus and/or the Current Trust reasonably may require for the effective confirmation and consummation of the assumption by New Trust of the Agreement.
FURTHER UNDERTAKING. The Borrower will, at all times during the Facility Period, take all reasonable action within its power to comply or procure compliance at all times with the terms and conditions of all Insurances (or Reinsurances), and use its reasonable endeavours to procure that nothing is at any time done, or suffered to be done, by any Obligor whereby any Insurance (or Reinsurance) or other insurance required to be maintained by it hereunder, may be impaired, suspended or rendered void or voidable in whole or in part, or any claim becomes uncollectable in full or in part, including, without limitation:
(a) complying with all of the requirements expressly imposed on it under the Insurances;
(b) taking all reasonable action within its power to procure that at all times all parties to the Insurances (other than, if applicable, any Finance Party) comply with all of the requirements under the Insurances; and
(c) complying with the express terms of all Insurances and taking all action necessary to maintain the Insurances as valid and up-to-date insurances.
FURTHER UNDERTAKING. Until the Final Settlement Date, the Sponsor further undertakes/ confirms, for the benefit of the Lenders that it shall not undertake or take any steps that could result in or cause the Borrower to commit an Event of Default or have a Material Adverse Effect affecting the Project or the non performance or a breach of the obligations of the Borrower under this Agreement or under the Transaction Documents.
FURTHER UNDERTAKING. The Company shall take every reasonable step necessary to maximize the payments and benefits received or to be received by you in connection with a change in control of the Company (whether pursuant to the terms of this Agreement or any other plan, arrangement or agreement with the Company, with any person whose actions result in a change in control of the Company, or with any person affiliated with the Company or such person) (collectively "Total Payments").
