OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR
OWNER’s Agreement. Borrower shall cause to be executed in favor of Bank and delivered to Bank a Owner's Agreement from each owner of property(ies) set forth on Exhibit B.
OWNER’s Agreement. Simultaneously with the Divestiture, the respective owners of the Exhibit B Hotels, Wyndham, IHC II, LLC and Marriott shall enter into Owner Agreements in the form attached as Exhibit H hereto, and shall use reasonable best efforts to provide 25 26 written consents from all entities (other than Patriot) which own or have any mortgage interest in the Exhibit B Hotels to provide non-disturbance assurances as set forth in the Submanagement Agreement with respect to such hotels.
OWNER’s Agreement. Simultaneously with the execution of this Agreement, Owner shall obtain from the Fee Owner and Landlord under the TRS Lease Agreement and deliver to Manager, a duly executed “Owner’s Agreement” in favor of Manager, substantially in the form attached hereto as Exhibit C.
OWNER’s Agreement a. An Owners Agreement is available to any Member of a Wesleyan Church or those denominations of like faith and beliefs. This agreement represents unity of purpose, prayer support and a desire to advance God’s kingdom through the ministries of Fairmount Camp.
b. A new owner shall pay a one-time fee of $50 before entering into any other agreement. This fee is non-refundable and non-transferable (except to a spouse or child who is also a Member of a Wesleyan Church). Should participant cease to be a Member of a Wesleyan Church, or a member of a like denomination, a request should be submitted to the Public Relations Committee of the Camp Board of Trustees regarding a continuation of this agreement.
c. Own a cottage building and/or lease a cottage site.
d. Own a campsite slab and/or lease a specific camper site and have first right of reservation and use of a specific undeveloped or slab campsite for the next camping season when annual fees are paid in full no later than May 1st.
OWNER’s Agreement. It is acknowledged and agreed that Owners substantially own and control Seller and derive material monetary benefit from said legal entity. As an inducement to Purchaser to buy the Contracts Owners hereby unconditionally, irrevocably and absolutely guarantee performance of the Seller's obligations representations, warranties and covenants hereunder. INSERT TO CONTINUING PURCHASE AND SALE AGREEMENT - ARTICLE 4 DELINQUENCIES; REPLACEMENT OF CONTRACTS
OWNER’s Agreement. Golf and Xxxxxx shall cause to be executed in favor of Agent and delivered to Agent an Owner's Agreement from each owner of property set forth on Exhibit B.
OWNER’s Agreement. The IFA Entities and the MG Entities shall have agreed upon a form of amendment and restatement of the Owners Agreement, which shall be in form and substance satisfactory to the IFA Entities and the MG Entities, and the parties to the Owners Agreement shall have executed such amended and restated Owners Agreement to be held in escrow pending Closing.
OWNER’s Agreement. The Joint Venturers shall enter into an owners' agreement in connection with the formation, ownership and management of TrusteeCo (the "Owners' Agreement") which will contain provisions customary for such agreements, including providing:
(a) for the ownership of Joint Venturer's respective interests in TrusteeCo in proportion to their respective interests in the Joint Venture;
(b) for mutual rights of first refusal on any sale of their respective interests in TrusteeCo;
(c) for piggyback rights, whereby if one party proposes to sell its interest to a third party (after giving effect to the right of first refusal), the other party can require that the third party purchase its interest on the same terms as the first party;
(d) for the appointment of representatives to the board or governing body of TrusteeCo;
(e) that certain major business decisions will require three-quarters approval of the board or governing body of TrusteeCo;
(f) that no party will be required to provide any advances or further capital without its prior approval;
(g) that, upon the occurrence of a triggering event (such events to include an act of insolvency or bankruptcy, a change of control, a material default or breach of any representation, warranty or covenant in the Owners' Agreement which is not remedied on 30 days' notice, and other matters to be mutually agreed upon), the defaulting party will be required to offer to sell its interest to the other party for a price to be determined pursuant to a third party valuation;
(h) for a mechanism for valuation in the event of a sale of an interest upon a triggering event, whereby the non-defaulting party shall be entitled to appoint one qualified independent valuer, the defaulting party may, at its option, appoint a second qualified independent valuer and if two valuers are appointed and (i) if the values determined by them do not differ by more than 20%, the value shall be equal to the average of such valuations and (ii) if the values determined by such valuers differ by more than 20%, they shall mutually select a third qualified independent valuer whose valuation shall be final and binding on all parties;
(i) that no owner may be forced to sell its interest without its consent, except upon the occurrence of a triggering event;
(j) that any party acquiring an interest in TrusteeCo will be required to enter into and/or acknowledge the Owner's Agreement and related agreements; and
(k) for standstill provisions for three years whereby, in...
OWNER’s Agreement. In respect of Activities during the Term, the Owner undertakes and agrees to:
(a) grant access to the Company onto the Affected Land in accordance with this agreement as required to conduct the Activities;
(b) not impede or hinder the conduct of Activities of the Company on the Owner’s Land; and
(c) respond promptly to any requests for information or to any official notices from the Company.
