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No Constraint Sample Clauses

No Constraint. Notwithstanding the provisions of Section 4.01 above, the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (a) create any obligation on the part of ESI or any other party hereto to effect the Distribution; (b) in any way limit ESI's right and power under Section 8.10 hereof to terminate this Agreement and the process leading to the Distribution and to abandon the Distribution; or (c) alter the consequences of any such termination under Section 8.10 hereof from those specified in such Section.
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No Constraint. Notwithstanding the provisions of Section 4.01 above, the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (i) create any obligation on the part of Tenneco or any other party hereto to effect the Distribution; (ii) in any way limit Tenneco's right and power under Section 8.11 to terminate this Agreement and the process leading to the Distribution and to abandon the Distribution; or (iii) alter the consequences of any such termination under Section 8.11 from those specified in such Section.
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No Constraint. Notwithstanding the provisions of ------------- Section 3.1 above, the fulfillment or waiver of any or all of the conditions ----------- precedent to the Distribution set forth therein shall not: (a) create any obligation on the part of Columbia/HCA to effect the Distribution; (b) in any way limit Columbia/HCA's right and power under Section 11.2 below to terminate this Agreement and to abandon the ------------ Distribution; or
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No Constraint. Notwithstanding the provisions of SECTION 4.01 above (but subject to Tenneco's obligations under the Merger Agreement), the fulfillment or waiver of any or all of the conditions precedent to the Distributions set forth therein shall not: (i) create any obligation on the part of Tenneco or any other party hereto to effect the Distributions; (ii) in any way limit Tenneco's right and power under SECTION 8.11 hereof to terminate this Agreement and the process leading to the Distributions and to abandon the Distributions; or (iii) alter the consequences of any such termination under SECTION 8.11 hereof from those specified in such Section. SECTION 4.03.
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No Constraint. 14 Section 3.3..............
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No Constraint. 21 SECTION 4.03. Deferral of Distribution Date.................. 21 SECTION 4.04. Public Notice of Deferred Distribution Date.... 21 ARTICLE V COVENANTS.................................................... 22 SECTION 5.01. Further Assurances............................. 22 SECTION 5.02. Tenneco Name................................... 22 SECTION 5.03. Supplies and Documents......................... 22 SECTION 5.04.
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No Constraint. Notwithstanding the provisions of Section 4.01 above, the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (i) create any obligation on the part of GP or any other party hereto to effect the Distribution; (ii) in any way limit GP's right and power under Section 8.10 hereof to terminate this Agreement and the process leading to the Distribution and to abandon the Distribution; or (iii) alter the consequences of any such termination under Section 8.10 hereof from those specified in such Section.
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No Constraint. Notwithstanding the provisions of Section 4.01 above (but subject to Domestic Company's obligations under the Acquisition Agreement), the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (i) create any obligation on the part of Domestic Company or any other party hereto to effect the Distribution; (ii) in any way limit Domestic Company's right and power under Section 8.11 hereof to terminate this Agreement and the process leading to the Distribution and to abandon the Distribution; or (iii) alter the consequences of any such termination under Section 8.10 hereof from those specified in such Section.
Sample 1
No Constraint. Notwithstanding the provisions of SECTION 4.01 above, the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not stop Parent from effecting the Distribution unless it is deemed to be illegal or the transaction is rejected by the Commission.
Sample 1

Related to No Constraint

  • No Construction Against Any Party This Agreement is the product of informed negotiations between the Executive and the Company. If any part of this Agreement is deemed to be unclear or ambiguous, it shall be construed as if it were drafted jointly by all parties. The Executive and the Company agree that neither party was in a superior bargaining position regarding the substantive terms of this Agreement.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • No Construction Against Drafting Party The parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.

  • Laws Applicable to Construction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware as applied to contracts executed in and performed wholly within the State of Delaware, without reference to principles of conflict of laws.

  • No Construction Loans No Mortgage Loan was made in connection with (i) the construction or rehabilitation of a Mortgage Property or (ii) facilitating the trade-in or exchange of a Mortgaged Property other than a construction-to-permanent loan which has converted to a permanent Mortgage Loan;

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • No Construction as Employment Agreement Nothing contained in this Agreement shall be construed as giving Indemnitee any right to be retained in the employ of the Company or any of its subsidiaries.

  • No Strict Construction The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.

  • General Enforcement Authority That the terms of this Agreement shall be enforced in accordance with the provisions, terms and authorities provided in this Agreement and under the respective laws and regulations of each Participating State.

Most Referenced Clauses

Most Referenced Definitions