Silver Xxxx Sample Clauses

Silver Xxxx. The parties acknowledge that pursuant to the Silver Xxxx LLC Agreement, the sale, assignment and transfer by ARSB of its Silver Xxxx Interests is subject to the consent of the other members of Silver Xxxx. If such consent is not obtained prior to Closing, then (i) the Silver Xxxx Interests and Sellers’ right in and to the Silver Xxxx LLC Agreement will each be an Excluded Asset and the shares of capital stock of ARSB will be a Purchased Asset and (ii) references in Section 6.5 to Silver Xxxx Interests will be deemed to refer to the capital stock of ARSB.
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Silver Xxxx. The Agent shall have received and be satisfied with the financial statements and organizational documents of AR Silver Xxxx, Inc. and Silver Xxxx Mining, LLC, and title, lien and other reports with respect to the Company’s and AR Silver Xxxx, Inc.’s equity interests therein. The Company shall have executed and delivered to the Agent a pledge and security agreement, in form and substance satisfactory to the Agent, granting to the Agent, as additional Collateral for the Obligations, a security interest in not less than 100% of its equity interests in AR Silver Xxxx, Inc. This condition shall not be required to be satisfied on the Closing Date but shall be required to be satisfied in connection with the entry of the Court’s final Financing Order.

Related to Silver Xxxx

  • /s/ Xxxxxx X Xxxxx ------------------- ..................

  • Xxxx-Xxxxx-Xxxxxx Act The waiting period (and any extension thereof) applicable to the consummation of the transactions contemplated hereby under the HSR Act shall have expired or been terminated.

  • Sxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • /s/ Xxxxx X Xxxx ------------------ ..................

  • XX XXXXXXX XXXXXXX xxx undersigned, being the sole trustee of the Trust, has executed this Certificate of Trust as of the date first above written. Wilmington Trust Company, not in its individual capacity but solely as owner trustee under a Trust Agreement dated as of November 3, 2003 By: ______________________________________ Name: Title: EXHIBIT C [FORM OF RULE 144A INVESTMENT REPRESENTATION] Description of Rule 144A Securities, including numbers: -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- The undersigned seller, as registered holder (the "Seller"), intends to transfer the Rule 144A Securities described above to the undersigned buyer (the "Buyer").

  • Xxxx-Xxxxx-Xxxxxx Notwithstanding any other provision in this Agreement, in the event the Xxxx Xxxxx Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”), is applicable to any Member by reason of the fact that any assets of the Company will be distributed to such Member in connection with the dissolution of the Company, the distribution of any assets of the Company shall not be consummated until such time as the applicable waiting periods (and extensions thereof) under the HSR Act have expired or otherwise been terminated with respect to each such Member.

  • Xxxx-Xxxxx Act Borrower will comply with the applicable requirements of the Xxxx-Xxxxx Act in purchasing any Replacement Cap Agreement.

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