Hercules. Hercules represents and warrants that (i) it is legally authorized to enter into this Assignment Agreement, (ii) it has obtained all consents and approvals required to enter into this Assignment Agreement, (iii) this Assignment Agreement is binding legal obligation of Hercules, enforceable against it in accordance with this Assignment Agreement’s terms, except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability, (iv) it is the legal and beneficial owner of the interest being assigned thereby free and clear of any adverse claim, (v) to Hercules’ knowledge, the Loan Documents were duly authorized, executed, delivered and performed pursuant to all requisite corporate action on behalf of Hercules, and in accordance with all applicable law, including, without limitation, federal, state and securities law, (vi) to Hercules’ knowledge, no Event of Default has occurred and is continuing, (vii) they are sophisticated with respect to decisions to acquire assets of the type represented by such Assigned Loan and either they, or the Person exercising discretion in making their decision to sell such Assigned Loan, is experienced in disposing of assets of such type; (viii) they have, independently and without reliance upon Assignee and based on such documents and information as they have deemed appropriate, made their own credit analysis and decision to enter into this Assignment Agreement to sell such Assigned Loan, (ix) they will independently and without reliance upon Assignee and based on such documents and information as they shall deem appropriate at the time, continue to make their own credit decisions in taking or not taking action permitted to be taken under the Loan Documents, and (x) the Assignee has received a complete, fully executed set of all the Loan Documents, as amended to date. Except as set forth in this Section (b)(i)-(x), Hercules make no representations or warranties and assume no responsibility with respect to any statements, warranties or representations made in or in connection with the Loan Documents, or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Loan Documents or any other instrument or document furnished pursuant to the Loan Documents, or the financial condition of, Borrower or any of its Subsidiaries or the performance or observance by Borrower or an...
Hercules agrees (a) to maintain the Information in confidence and to take all reasonable precautions to protect such Information in similar manner to the precautions Hercules takes with respect to its own confidential and proprietary information; (b) to use such Information solely for the purpose of evaluating whether to enter into a business relationship with Company; and (c) not to provide copies of materials provided to Hercules by Company to any third party except (i) as may be authorized in writing by Company, (ii) to such agents and employees, of Hercules who require access to such Information for the purposes of assisting Hercules or (iii) to any of Hercules’ lenders or trustees as required under any financing arrangements among Hercules, its affiliates and such lenders or trustees provided that such lender or trustee executes a written agreement (or is bound by confidentiality provisions) that contain use and nondisclosure restrictions at least as protective as set forth in this Agreement.
Hercules. Transaction Agreement shall have the ------------------------------ meaning ascribed to such term in Recital H above.
Hercules and Buyer shall enter into a utilities services agreement on the terms and conditions set forth on Schedule 7.9.2(g), and such ----------------- other terms reasonably acceptable to each party, for the provision of utilities to the Franklin Plant (the "Utilities Services Agreement"); and
Hercules. It agreed by the Company and the Association that because of the Hercules unique operation the following will delineate anomalies of the Hercules operation, notwithstanding the respective provisions of the Collective Agreement. During operations when a dispatcher is available or when a coordinator is present, or in their absence, the captain, the required reporting shall be when the dispatcher, coordinator or captain notifies the crew to come out for their required reporting time. Such notification shall be no less than one (1) hour prior to reporting time. A planned duty period for flight for flight deck crew members on the aircraft shall not be scheduled to exceed fifteen (15) consecutive hours. For twenty-four (24) hour operations with two (2) crews, planned duty periods will be twelve
Hercules. Company Residence (State) 3 Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES 5 ON THIS ATTRIBUTE QUESTION MINIMUM Discount Term Catalog or list pricing of vendor
Hercules. The Company shall obtain the prior consent or waiver of Hercules.
Hercules agrees to issue and sell the Securities to the several Underwriters as hereinafter provided, and each Underwriter, on the basis of the representations, warranties and agreements of Hercules herein contained, but subject to the conditions hereinafter stated, agrees to purchase, severally and not jointly, from Hercules the respective principal amount of Securities set forth opposite such Underwriter's name in Schedule II hereto at the purchase price set forth in Schedule I hereto plus accrued interest, if any, from the date specified in Schedule I hereto to the date of payment and delivery.
