No Undisclosed Agreements. GM Buyer has disclosed and will disclose all written agreements between it and the Company Buyer relating to the subject matter of this Agreement or Delphi.
No Undisclosed Agreements. The Corporation acknowledges that it has not entered into any agreements which have not been disclosed in the Information with respect to any of its properties nor does it have any present intention to enter into any such agreements. The Corporation is not in default of any agreements with respect to any of its properties, other than the Agreements in Default.
No Undisclosed Agreements. Such Backstop Party is not a party to any other contract or agreement with any other Consenting Creditor in respect of the Plan or distributions to be received under the Plan.
No Undisclosed Agreements. Except as set forth on Section 6.5 of the Company Disclosure Letter, such Transferor is not a party to (i) any Contract with the Company or (ii) any Contract with any Person that, in each case, would restrict, impede, interfere with, conflict with or prohibit the sale and transfer of the Units or the transactions contemplated by this Agreement or any Transaction Document to which it is a party. The Units as shown in Section 3.3 of the Company Disclosure Letter as being owned by such Transferor are not subject to a proxy or any Contract regarding the voting of such Units.
No Undisclosed Agreements. (a) Company has not contracted or committed to provide development work or customization work (or special features or functionality) with respect to any Computer Products (including releases, versions, updates or enhancements to Computer Products or additional products), except as provided in any of the agreements listed on SCHEDULE 2-27(a) which lists all such agreements for (i) Computer Products that have not been fully and completely developed, customized, shipped, delivered, and/or installed, (ii) for new Computer Product features or enhancements that have not been developed, customized, shipped, delivered, or installed, or (iii) development or customization services or any other commitments of Company to a customer which have not been fully and completely performed by Company. Company has provided Parent access to all such agreements.
(b) Except as otherwise expressly set forth on SCHEDULE 2-27(b), Company is not a party to or bound by any of the following, whether written or oral:
(i) any Contract that cannot by its terms be terminated by Company with 30 days' or less notice without penalty or whose term continues beyond one year after the date of this Agreement;
(ii) contract or commitment for capital expenditures by Company in excess of $5,000 per calendar quarter in the aggregate;
(iii) lease or license with respect to any property, real or personal, whether as landlord, tenant, licensor or licensee;
(iv) agreement, contract, indenture or other instrument relating to the borrowing of money or the guarantee of any obligation or the deferred payment of the purchase price of any Assets;
(v) partnership agreement;
(vi) agreement for the sale of any Assets that in the aggregate have a net book value on Company's books of greater than $10,000;
(vii) agreement that purports to limit Company's freedom to compete freely in any line of business or in any geographic area;
No Undisclosed Agreements. Neither Seller nor the Shareholder has contracted or committed to provide development work or customization work (or special features or functionality) with respect to any Computer Products (including releases, versions, updates or enhancements to Computer Products or additional products), except as provided in the agreements listed on Schedule "D", which lists all such agreements for (i) Computer Products that have not been fully and completely developed, customized, shipped, delivered, and/or installed, for new Computer Product features or enhancements that have not been developed, customized, shipped, delivered, or installed, or (ii) development or customization services or any
No Undisclosed Agreements. Centerbridge and Purchaser have disclosed to the Company the terms of all agreements, arrangements and understandings, whether oral or written, between Centerbridge and any of its Affiliates or their respective officers, directors or employees, on the one hand, and any other Person that involve or relate to the Company, any of its Subsidiaries, the Unions, or the Company’s creditors or their respective officers, directors, employees or representatives, on the other hand. Centerbridge and Purchaser have provided to the Company true and correct copies of all such agreements, arrangements and understandings that are in written form.
No Undisclosed Agreements. (a) The Tiger Member hereby represents to the GC Industrial Member, the Seaspan Member and the Washington Member that, as of the date hereof, except as previously disclosed in writing prior to the date hereof, there are no agreements or understandings, written or oral, between the Tiger Member, any Affiliates of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx, on the one hand, and the Washington Member, the Seaspan Member, SMSL or any of their respective Affiliates, on the other hand, pursuant to which the Tiger Member, any Affiliate of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx receive any material benefit or are subject to any material obligation.
(b) The Washington Member hereby represents to the GC Industrial Member and the Seaspan Member that, as of the date hereof, except as previously disclosed in writing prior to the date hereof, there are no material agreements or understandings between the Tiger Member, any Affiliates of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx, on the one hand, and the Washington Member or its Affiliates, on the other hand, pursuant to which the Tiger Member, any Affiliate of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx receive any material benefit or are subject to any material obligation.
(c) The Seaspan Member hereby represents to the GC Industrial Member and the Washington Member that, as of the date hereof, except as previously disclosed in writing prior to the date hereof, there are no material agreements or understandings between the Tiger Member, any Affiliates of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx, on the one hand, and the Seaspan Member or its Affiliates (including, for the avoidance of doubt, Seaspan Corporation), on the other hand, pursuant to which the Tiger Member, any Affiliate of the Tiger Member, Xxxxx Xxxx or Xxxxxx Xxxxxx receive any material benefit or are subject to any material obligation.
No Undisclosed Agreements. To the best knowledge of H & L TOOL and the TRUSTEES, there are no obligations burdening the Facility and the Warehouse created by annexation agreements, utility agreements, so-called recapture agreements, unexecuted paving agreements, undertakings or bonds with any governmental agency which will bind HLTC INC., CHICAGO RIVET or the Facility and the Warehouse.
No Undisclosed Agreements. There is no franchise agreement, lease, contract, or other agreement or document required by the Securities Act or by the Rules and Regulations to be described in the Time of Sale Document and the Final Offering Memorandum or a document incorporated by reference therein or to be filed as an exhibit thereto or a document incorporated by reference therein which is not so described or filed therein as required; and all descriptions of any such franchise agreements, leases, contracts, or other agreements or documents contained in the Time of Sale Document and the Final Offering Memorandum or in a document incorporated by reference therein are accurate and complete descriptions of such documents in all material respects. Other than as described in the Time of Sale Document, no such franchise agreement, lease, contract or other agreement has been suspended or terminated for convenience or default by the Company or any of the other parties thereto, and neither the Company nor any of its Subsidiaries has received notice of and the Company does not have knowledge of any such pending or threatened suspension or termination.