Common use of Necessary Action Clause in Contracts

Necessary Action. Purchaser has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser is responsible hereunder. No other action by or on behalf of Purchaser is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals for which Purchaser is responsible under the terms hereof. Purchaser represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors and of the Board of Directors of Regency to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to Purchaser's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, including, but not limited to the Operations Restructuring, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals (as those terms are defined below) for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals, subject to the limitation on the costs which Seller must incur in obtaining such consents being limited in the manner set forth in Paragraph 4.09.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals (as those terms are defined below) for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors partners and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals, subject to the limitation on the costs which Seller must incur in obtaining such consents being limited in the manner set forth in Paragraph 4.08.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals (as those terms are defined below) for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals, subject to the limitation on the costs which Seller must incur in obtaining such consents being limited in the manner set forth in Paragraph 4.09.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals, subject to the limitation on the costs which Seller must incur in obtaining such consents being limited in the manner set forth in Paragraph 4.09.

Necessary Action. Purchaser Seller has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Purchaser Seller (i) to enter into and to deliver this Agreement and any and all documents and agreements executed by Purchaser Seller in connection herewith or in furtherance hereof and (ii) to carry out the terms hereof and thereof and the transactions transaction contemplated herein and therein, which action shall include, but not be limited to, obtaining the Third Party Consents and Regulatory Approvals for which Purchaser Seller is responsible hereunder. No other action by or on behalf of Purchaser Seller is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Purchaser Seller in connection herewith or consummation of the transactions contemplated herein, other than securing those Third Party Consents and Regulatory Approvals (as those terms are defined below) for which Purchaser Seller is responsible under the terms hereof. Purchaser Seller represents and warrants that as of the date of execution of this Agreement, it has secured the consent of its Board of Directors partners and of the Board of Directors of Regency Horizon to the execution of this Agreement and of any documents and agreements necessary to carry out the terms hereof and for the consummation of the transactions contemplated by this Agreement. Nothing herein shall be construed as a guarantee by Purchaser Seller that it will be able to secure the Third Party Consents or Regulatory Approvals for which it is responsible, but rather this paragraph shall be limited to PurchaserSeller's representation and warranty that it will use its best efforts to secure such Third Party Consents and Regulatory Approvals, subject to the limitation on the costs which Seller must incur in obtaining such consents being limited in the manner set forth in Paragraph 4.09.