Notwithstanding Sections. 14.3(a) and (b), either Party may assign its respective rights and transfer its respective duties hereunder, without the consent of the other Party, to any assignee of all or substantially all of its respective business or in the event of its respective merger, consolidation or similar transaction.
Notwithstanding Sections. 4.5(a) and (b) hereof, each Member shall be fully liable to contribute its Capital Contribution in accordance with Section 6.1 hereof.
Notwithstanding Sections. 11.1 and 11.2 of this Article, confidential information shall not include information disclosed by the receiving party as required by applicable law or regulation; provided that the information disclosed is limited to the existence and general nature of the relationship between the parties, including, as required, the scope, approximate revenues, purposes and expectations related to such relationship and a description of any disputes relating thereto. Notwithstanding the foregoing, this Agreement may be provided to any governmental agency or court of competent jurisdiction to the extent required by applicable law.
Notwithstanding Sections. 1.1 and 1.2.1, if by December 31, 1998, none of the following conditions has been met: (a) the Alternative Merger has become legally possible; (b) the SEC has approved the application for the Merger under the 1935 Act; (c) the SEC staff has recommended that the SEC approve the application for the Merger under the 1935 Act, or (d) the 1935 Act has been, or subject only to the passage of time up to the time specified in Section 8.1.2
Notwithstanding Sections. 11.1 and 11.2 either Party and its respective Subsidiaries may disclose Proprietary Information to its employees, agents, lenders, funding partners and legal and financial advisors and providers to the extent necessary or appropriate in connection with the negotiation and/or performance of this Agreement or in obtaining financing, provided that each such Party is notified of the confidential and proprietary nature of such Proprietary Information and is subject to or agrees to be bound by similar restrictions on its use and disclosure.
Notwithstanding Sections. 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties.
Notwithstanding Sections. 11.2.4 above, (i) each Party may at any time assign its rights, interests and obligations provided for hereunder to any Person by merger or (ii) with the prior written consent of the other Party.
Notwithstanding Sections. 2.1 and 2.2, the Company may make payments of Supplemental Benefits to each Trust Beneficiary when and as due under the Plan. The Company shall notify the Trustee in writing of its decision to pay Supplemental Benefits directly at least 30 days prior to the time amounts are due to be paid to a Trust Beneficiary and shall provide the Trustee promptly after the due date of each payment written confirmation as specified by the Trustee that such payment has been made.
Notwithstanding Sections. 2.2 and 2.4, the Transfer Agent agrees to assist the Trust with its Rule 22c-2 compliance under the 1940 Act and with any other laws and regulations applicable to transfer agent responsibilities for omnibus accounts.
Notwithstanding Sections. 3.1 and 3.2, the Parties may renew this Agreement on the same terms and conditions at the expiry of the term under Section 3.1 for a further XXXX years commencing at the expiry of the term under Section 3.1 if:
(i) The Offtaker gives notice in writing to the [IPP Project Company] not less than six months before the expiry of the term under Section 3.1; and
(ii) The [IPP Project Company] is not at the expiry of the term under Section 3.1 in breach of any essential term of this Agreement.
