Put and Call Agreement. Provided that the representations and warranties made by Buyer in Section 4.1 hereof are true and correct on the date of the stockholder meeting in connection with the approval of the Acquisition with the same effect as though made on such date and Buyer has complied in all material respects with its obligations set forth in this Agreement through such date, each Seller agrees not to exercise its put option rights pursuant to the Put and Call Agreement, and, provided that all of Buyer’s obligations hereunder are performed in full, waives any and all claims against Modern, Buyer and Xxxx X. Xxxx it may have now and in the future arising out of any obligations Modern has under the Put and Call Agreement. Except as explicitly stated in the foregoing, the terms and conditions of the Put and Call Agreement shall remain in full force and effect.
Put and Call Agreement. MediVision and Premier shall have entered into the Put and Call Agreement.
Put and Call Agreement. Xxxxxxx and the Company agree that this Option and any Preferred Shares acquired pursuant to the Option shall be subject to the terms and conditions of that certain Put and Call Agreement dated as of December 15, 1997, a copy of which is attached hereto.
Put and Call Agreement. Section 2.1.
Put and Call Agreement. Each of the Sellers and the Buyer hereby undertakes and agrees that it shall comply with all the covenants, provisions and agreements set forth under the Put and Call Agreement.
Put and Call Agreement. The Put and Call Agreement or any provision thereof shall cease to be in full force or effect as to any Apollo Obligor or any Person acting by or on behalf of any Apollo Obligor shall deny or disaffirm such Apollo Obligor's obligations under the Put and Call Agreement;".
25. The definition of "Maximum Permitted Acquisition Leverage Ratio" appearing in Section 11.01 of the Credit Agreement is hereby amended by inserting the word "Total" immediately after the word "Adjusted" in each place it appears in said Section.
26. The definition of "Applicable Margin" appearing in Section 11.01 of the Credit Agreement is hereby amended by (i) redesignating clause (vi) appearing in the first sentence of said definition as clause (vii), (ii) inserting the following new clause (vi) immediately following clause (v) appearing in the first sentence of said definition:
Put and Call Agreement. Contemporaneous with the execution and delivery of this Agreement, the Company and the Purchaser shall enter into a Put and Call Agreement in the form annexed hereto as EXHIBIT J (the "Put and Call Agreement").
Put and Call Agreement. The provisions of this Agreement shall apply to the Common Shares, if any, received by each Holder in the Spin-Off Transactions, and each Holder that is not a party to this Agreement, by its acceptance of a Common Share, agrees to be bound by the applicable provisions hereof.
Put and Call Agreement. First Union Real Estate Equity and Mortgage Investments ("FUR") and Investco shall enter into at the Time of Closing, and perform the respective obligations then to be performed by them under, a put-call agreement, a security trust indenture and a depositary agreement relating to Investco's Class A Common Shares substantially on the terms and conditions described in Schedule 2.9.
Put and Call Agreement. Contemporaneously herewith, DII, DI, WISI and TWC shall execute the Put and Call Agreement, attached hereto as Exhibit A.
