Maintenance of Exchange Property Sample Clauses

Maintenance of Exchange Property. Exchange Rights are not exercisable in respect of any specific Shares or other property comprising Exchange Property from time to time and no Shares or other Exchange Property has been or will be charged to secure or satisfy the Issuer’s obligations in respect of the Exchange Rights. The composition of the Exchange Property may also change as a result of the operation of the Conditions. The Issuer has undertaken to keep available for the purpose of effecting the exercise of Exchange Rights such amount of Exchange Property required to be delivered upon exercise all of the Exchange Rights outstanding from time to time, provided that the Issuer may, subject to compliance with these Conditions, deliver initially up to 613,877,227 Shares pursuant to and in accordance with the Securities Lending Agreement. However, the arrangements described herein in relation to the Exchange Property do not amount to any security interest in favour of Bondholders to secure the debt obligations of the Bonds or to secure performance of the Exchange Rights thereunder. Accordingly, in the event that the Issuer at any time holds any Shares or other property comprising Exchange Property from time to time with another person and such person is or becomes insolvent, bankrupt or in liquidation, such Exchange Property will form part of the assets of such person available on a pari passu basis to all unsecured creditors of such person.
Sample 1
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Maintenance of Exchange Property. Exchange Rights are not exercisable in respect of any specific Abengoa Yield Shares or other property comprising Exchange Property from time to time and no Abengoa Yield Shares or other Exchange Property has been or will be charged or otherwise placed in custody or set aside to secure or satisfy the Issuer’s obligations in respect of the Exchange Rights. At any time the Issuer may or may not be the owner of the whole or any part of Abengoa Yield Shares or other property comprising Exchange Property from time to time and the Issuer is under no obligation to hold any Abengoa Yield Shares and/or other Exchange Property and may sell or otherwise dispose of the same or take any action or exercise any rights or options in respect of the same at any time. The composition of the Exchange Property may change as a result of the operation of the Conditions. The arrangements described herein in relation to the Exchange Property do not amount to any security interest in favour of Noteholders to secure the debt obligations of the Notes or to secure performance of the Exchange Rights thereunder. Accordingly, if the Issuer at any time holds any Abengoa Yield Shares or other property comprising Exchange Property from time to time and the Issuer is or becomes insolvent, bankrupt or in liquidation, such Abengoa Yield Shares and/or other Exchange Property will form part of the assets of the Issuer available on a pari passu basis to all its unsecured creditors.
Sample 1
Maintenance of Exchange Property. The Exchange Property held by the Seller shall be maintained by the Seller in a separate non-commingled account. The Seller shall use reasonable care with respect to the custody, safe-keeping and physical preservation of the Exchange Property in its possession and shall accord the Exchange Property treatment substantially equal to that which it accords its own property, it being understood that the Seller in its capacity as such shall not, except as specifically set forth herein or contemplated hereby, have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Exchange Property, whether or not the Seller has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against parties with respect to any Exchange Property or (c) investing or reinvesting any of the Exchange Property. Until the Seller satisfies its obligations hereunder to deliver the Contract Consideration to the Purchaser, the Seller shall have no right of offset against the Exchange Property with respect to any amounts owed to the Seller, whether or not arising hereunder or under the Nominee Trust Agreement, and the Seller hereby waives any such right of offset that it may otherwise have. Except as specifically provided herein, the Seller covenants and agrees that it will not sell, assign, transfer, exchange or otherwise dispose of, or grant any option with respect to, any of the Exchange Property, nor will it create, incur or permit to exist any Lien or Transfer Restriction on or with respect to any of the Exchange Property, any interest therein, or any proceeds thereof. Any securities to be held by the Seller shall be held by the Seller as delivered, or caused to be delivered, to it by AMP (endorsed in blank) or as obtained by the Seller pursuant to Section 7.1 or 7.3, if applicable. In the event of any adjustment to the Reference Property resulting from the application of the provisions of Section 3.1 of this Agreement, the Seller shall take all measures reasonably designed to assure that the Exchange Property is maintained by the Seller as provided in this Agreement, including, without limitation, transmitting certificates representing Reference Securities to the issuer or its transfer agent for the preparation of new certificates to be returned to the Seller and maintained by it as required hereby.
Sample 1
Maintenance of Exchange Property. Exchange Rights are not exercisable in respect of any specific Klépierre Shares or other property comprising Exchange Property from time to time and no specific Klépierre Shares or other Exchange Property has been or will be charged or otherwise placed in custody or set aside to secure or satisfy the Issuer’s obligations in respect of the Exchange Rights. At any time, the Issuer and/or the Guarantor may or may not be the owner of the whole or any part of the specific Klépierre Shares or other property comprising Exchange Property from time to time and neither the Issuer nor the Guarantor is under any obligation to hold any Klépierre Shares and/or other Exchange Property and may sell or otherwise dispose of the same at any time. The composition of the Exchange Property may also change as a result of the operation of the Conditions. The arrangements described herein in relation to the Exchange Property do not amount to any security interest in favour of the Trustee or the Bondholders to secure the debt obligations of the Bonds or to secure performance of the Exchange Rights thereunder. Accordingly if either the Issuer or the Guarantor at any time holds any specific Klépierre Shares or other property comprising Exchange Property from time to time and the Issuer or the Guarantor is or becomes insolvent, bankrupt or in liquidation, such Klépierre Shares and/or other Exchange Property will form part of the assets of the Issuer or the Guarantor (as applicable) available on a pari passu basis to all unsecured creditors of such person (or, if such Klépierre Shares or other property is secured in favour of one or more other creditors of the Issuer or Guarantor where permitted by Condition 3, available to such secured creditors to the extent of their secured interest).
Sample 1
Maintenance of Exchange Property 
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Related to Maintenance of Exchange Property

  • Maintenance of Equipment The Equipment shall be maintained in good operating condition and repair (reasonable wear and tear excepted) and all necessary replacements of and repairs thereto shall be made so that the value and operating efficiency of the Equipment shall be maintained and preserved. No Borrower shall use or operate the Equipment in violation of any law, statute, ordinance, code, rule or regulation. Each Borrower shall have the right to sell Equipment to the extent set forth in Section 4.3 hereof.

  • MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of the allottees. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot].

  • Maintenance of Premises The Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

  • Maintenance of the Property Neither Broker nor Brokerage Firm is responsible for maintenance of the 324 Property nor are they liable for damage of any kind occurring to the Property, unless such damage is caused by their negligence or 325 intentional misconduct.

  • Maintenance of Collateral Borrower will maintain the Collateral in good working condition, and Borrower will not use the Collateral for any unlawful purpose. Borrower will immediately advise Silicon in writing of any material loss or damage to the Collateral.

  • Maintenance of Common Areas Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repaying, striping or restriping, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

  • MAINTENANCE OF THE SAID BUILDING APARTMENT / PROJECT

  • Conduct of Business and Maintenance of Existence and Assets (a) Conduct continuously and operate actively its business according to good business practices and maintain all of its properties useful or necessary in its business in good working order and condition (reasonable wear and tear excepted and except as may be disposed of in accordance with the terms of this Agreement), including all licenses, patents, copyrights, design rights, tradenames, trade secrets and trademarks and take all actions necessary to enforce and protect the validity of any intellectual property right or other right included in the Collateral; (b) keep in full force and effect its existence and comply in all material respects with the laws and regulations governing the conduct of its business where the failure to do so could reasonably be expected to have a Material Adverse Effect; and (c) make all such reports and pay all such franchise and other taxes and license fees and do all such other acts and things as may be lawfully required to maintain its rights, licenses, leases, powers and franchises under the laws of the United States or any political subdivision thereof where the failure to do so could reasonably be expected to have a Material Adverse Effect.

  • Maintenance of Property The Company shall maintain, and shall cause each Subsidiary to maintain, and preserve all its property which is used or useful in its business in good working order and condition, ordinary wear and tear excepted and make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

  • Conduct of Business and Maintenance of Existence (a) Continue to engage in its principal line of business as now conducted by it, (b) preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or to the extent that failure to do so would not have a Material Adverse Effect.

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