Performance of the Purchaser. The Parent hereby unconditionally and irrevocably guarantees, and covenants and agrees to be jointly and severally liable with the Purchaser, as principal obligor, for the due and punctual performance of each and every obligation of the Purchaser under or relating to this Agreement and the Transactions, including ensuring it has (i) sufficient funds under Section 2.11 to pay the aggregate Consideration for all of the Common Shares to be acquired pursuant to the Arrangement, and (ii) any other amounts required to be paid by the Purchaser in connection with the Transactions and all related fees and expenses and any amount of any judgment or award made against the Purchaser for the benefit of the Company. The guarantee and obligations of the Parent pursuant to this Section 2.9 shall terminate at the Effective Time. The Parent shall cause the Purchaser to comply with all of the Purchaser’s obligations under or relating to the Arrangement and the transactions contemplated by this Agreement.
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Samples: Arrangement Agreement (Privet Fund LP), Arrangement Agreement (Norsat International Inc.)
Performance of the Purchaser. The Parent hereby unconditionally and irrevocably guarantees, and covenants and agrees to be jointly and severally liable with the PurchaserPurchaser for, as principal obligor, for the due and punctual performance of each and every obligation obligation, covenant and agreement of the Purchaser arising under or relating to this Agreement and the TransactionsArrangement, including ensuring it has (i) providing the Depositary with sufficient funds under Section 2.11 2.9 to pay the aggregate Consideration for all of the Common Shares to be acquired pursuant to the Arrangement, Arrangement and (ii) any other amounts required to be paid by the Purchaser or the Parent in connection with the Transactions transactions contemplated by this Agreement and all related fees and expenses for which the Purchaser or Parent is responsible under the terms of this Agreement (all in accordance with the terms of this Agreement) and any amount of any judgment or award made against the Purchaser for the benefit of the Company. The guarantee and obligations of the Parent pursuant to this Section 2.9 shall terminate at the Effective Time. The Parent shall cause the Purchaser to comply with all of the Purchaser’s obligations under or relating to the Arrangement and the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Arrangement Agreement
Performance of the Purchaser. The Parent hereby unconditionally and irrevocably guarantees, and covenants and agrees to be jointly and severally liable with the Purchaser, as principal obligor, for the due and punctual performance of each and every obligation of the Purchaser under or relating to this Agreement and the Transactions, including ensuring it has (i) sufficient funds under Section 2.11 2.12 to pay the aggregate Consideration for all of the Common Shares to be acquired pursuant to the Arrangement, and (ii) any other amounts required to be paid by the Purchaser in connection with the Transactions and all related fees and expenses and any amount of any judgment or award made against the Purchaser for the benefit of the Company. The guarantee and obligations of the Parent pursuant to this Section 2.9 2.10 shall terminate at the Effective Time. The Parent shall cause the Purchaser to comply with all of the Purchaser’s obligations under or relating to the Arrangement and the transactions contemplated by this Agreement.
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