OPEN PURCHASE CONTRACTS Sample Clauses

OPEN PURCHASE CONTRACTS. To the best of the knowledge of Xxxxxx and the Principal Shareholders, the obligations of ADS or Xxxxxx, as seller, to perform all purchase contracts in existence on the Closing Date which (a) were entered into by ADS or Xxxxxx in the ordinary course of business and (b) on average, provide for pricing materially consistent with practices of ADS during calendar 1996 sufficient to result in Buyer selling such goods and/or services at the gross margin reported for the current year to date as of the Closing Date in the Financial Statements delivered pursuant hereto.
Sample 1
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OPEN PURCHASE CONTRACTS. The obligation of Xxxxxxxx as purchaser to perform all purchase contracts in existence on the Closing Date which were incurred by Xxxxxxxx in the ordinary course of business. 4.1.5 CURRENT LIABILITIES FROM OPERATIONS IN THE ORDINARY COURSE. Those obligations of Xxxxxxxx which have been incurred from and after March 31, 1998 in the ordinary course of business and which are expressly permitted by the affirmative covenants and not prohibited by the negative covenants set forth in Section 5.2 of this Agreement. 4.1.6
Sample 1
OPEN PURCHASE CONTRACTS. The obligation of ELP to perform those purchase contracts and related purchase orders in existence on the Closing Date which were incurred by ELP in the ordinary course of business and.are disclosed in Schedule 1.1.6 at "List of Agreements" Part I; provided, however, that only the obligations to deliver goods and services (including warranties) are being assumed and Buyer does not assume any other liability, risk or exposure of Elsinore Engineering or ELP; Buyer does not assume the risk of any claim for any loss, damage, or exposure asserted by any party to any contract for occurrences prior to the Closing Date.
Sample 1

Related to OPEN PURCHASE CONTRACTS

  • The Purchase Contracts Section 5.1. Purchase of Shares of Common Stock.............................................................28 Section 5.2. Contract Adjustment Payments...................................................................30 Section 5.3. [Intentionally omitted.].......................................................................31 Section 5.4. Payment of Purchase Price......................................................................31 Section 5.5. Issuance of Shares of Common Stock.............................................................35 Section 5.6. Adjustment of Settlement Rate..................................................................36 Section 5.7. Notice of Adjustments and Certain Other Events.................................................42 Section 5.8. Termination Event; Notice......................................................................42 Section 5.9.

  • PURCHASE CONTRACT This PURCHASE CONTRACT (this “Contract”) is made and entered into as of September 10, 2010, by and between HAPPY VALLEY RES, LLC, an Indiana limited liability company (“Seller”) with a principal office at 0000 Xxxx 00xx Xxxxx, Xxxxx 000 Xxxxx, Xxxxxxxxxxxx, Xxxxxxx 00000 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 000 Xxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxx 00000 (“Buyer”)

  • Contract Purchase Price The amount actually paid or allocated in respect of the purchase, development, construction or improvement of an Asset, or the amount of funds advanced with respect to a Mortgage, exclusive of Acquisition Fees and Acquisition Expenses.

  • Equity Interest Purchase Price The purchase price of the Optioned Interests (the “Base Price”) shall be XXX 00. If PRC law requires a minimum price higher than the Base Price when Party A exercises the Equity Interest Purchase Option, the minimum price regulated by PRC law shall be the purchase price (collectively, the “Equity Interest Purchase Price”).

  • Performance Under Purchase Contracts The Company covenants and agrees for the benefit of the Holders from time to time of the Units that it will duly and punctually perform its obligations under the Purchase Contracts in accordance with the terms of the Purchase Contracts and this Agreement.

  • Purchased Contracts The obligation of CNHCR to purchase the Purchased Contracts is subject to the satisfaction of the following conditions:

  • Closing Purchase Price The Closing Purchase Price (the "Closing Purchase Price") shall be paid or delivered by Buyer at Closing in the following manner:

  • Share Purchase Price The aggregate purchase price for the Purchased Shares (the "Share Purchase Price") will consist of the payment of an amount of cash, equal to $30.10 per Purchased Share, as set forth on Schedule I.

  • Counterparty Share Repurchases Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.

  • Specified Contracts (a) Except as would not have a Company Material Adverse Effect or as specified in Section 3.18 of the Company Disclosure Schedule, (i) each Specified Contract is a legal, valid and binding obligation of the Company or a Subsidiary, as applicable, in full force and effect and enforceable against the Company or a Subsidiary in accordance with its terms, subject to the effect of any applicable bankruptcy, insolvency (including all Law relating to fraudulent transfers), reorganization, moratorium or similar Law affecting creditors' rights generally and subject to the effect of general principles of equity, (ii) to the knowledge of the Company, each Specified Contract is a legal, valid and binding obligation of the counterparty thereto, in full force and effect and enforceable against such counterparty in accordance with its terms, subject to the effect of any applicable bankruptcy, insolvency (including all Law relating to fraudulent transfers), reorganization, moratorium or similar Law affecting creditors' rights generally and subject to the effect of general principles of equity, (iii) neither the Company nor any of its Subsidiaries is and, to the Company's knowledge, no counterparty is, in breach or violation of, or in default under, any Specified Contract, (iv) none of the Company or any of the Subsidiaries has received any written claim of default under any Specified Contract and (v) to the Company's knowledge, no event has occurred that would result in a breach or violation of, or a default under, any Specified Contract (in each case, with or without notice or lapse of time or both).

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