Single Transaction. The transaction contemplated by this Agreement is a single purchase and sale transaction with respect to all of the Properties. Under no circumstances shall Seller have any obligation to sell less than all of the Properties to Purchaser, and under no circumstances shall Purchaser have an obligation to purchase less than all of the Properties from Seller. Any termination of this Agreement shall operate to terminate this Agreement as to all of the Properties simultaneously.
Single Transaction. Buyer and Seller acknowledge that, and have entered hereunto and will enter into each Transaction hereunder in consideration of and in reliance upon the fact that, all Transactions hereunder constitute a single business and contractual relationship and have been made in consideration of each other. Accordingly, each of Buyer and Seller agrees (i) to perform all of its obligations in respect of each Transaction hereunder, and that a default in the performance of any such obligations shall constitute a default by it in respect of all Transactions hereunder, (ii) that each of them shall be entitled to set off claims and apply property held by them in respect of any Transaction against obligations owing to them in respect of any other Transactions hereunder and (iii) that payments, deliveries and other transfers made by either of them in respect of any Transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers in respect of any other Transactions hereunder, and the obligations to make any such payments, deliveries and other transfers may be applied against each other and netted.
Single Transaction. Each party acknowledges that, and has entered into this Agreement and will enter into each transaction hereunder in consideration of and in reliance upon the fact that the loan and pledge transactions hereunder constitute a single business and contractual relationship and are made in consideration of each other. Accordingly, each party agrees: (i) to perform all if its obligations in respect to the entire transaction hereunder, and that a default in the performance of any such obligations shall constitute a default by it in respect to the entire transactions hereunder, and (ii) that payments, deliveries and other transfers made by either of them in respect of any transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers in respect to the entire transaction hereunder.
Single Transaction. Each party acknowledges and agrees that the Transaction evidenced by the Confirmation dated as of the date hereof will be the only Transaction governed by this Agreement.
Single Transaction. The parties hereto acknowledge and agree that the Basic Documents and any other agreements of the Program Lessee entered into by the Program Lessee in connection with the transactions contemplated by the Basic Documents are intended to be construed and treated for all purposes as integral and constitutive elements of a single transaction that cannot be separately assigned, assumed or rejected under the United States bankruptcy code (Title 11 of the United States Code) or any other applicable bankruptcy, insolvency or receivership laws.
Single Transaction. Subject to Section 5.5, all documents and cheques shall be delivered in escrow as specified in Section 5.5 on the Closing Date pending submission and receipt for registration of the Closing Documents as reasonably required by the solicitors for the parties and receipt of such evidence as they shall reasonably request that all conditions of this Agreement have been satisfied. It is a condition of Closing that all matters of payment, execution and delivery of documents by each party to the other and the submission and receipt for registration of the appropriate documents in the appropriate offices of public record shall be deemed to be concurrent requirements and it is specifically agreed that nothing will be complete at the Closing until everything required at the Closing has been paid, executed and delivered and until all documents have been submitted and receipted for registration.
Single Transaction. The Program Lessor and the Program Lessee acknowledge and agree that the Basic Documents and any other agreements of the Program Lessee entered into by the Program Lessee in connection with the transactions contemplated by the Basic Documents are intended to be construed and treated for all purposes as integral and constitutive elements of a single transaction that cannot be separately assigned, assumed or rejected under the United States bankruptcy code (Title 11 of the United States Code) or any other applicable bankruptcy, insolvency or receivership laws.
Single Transaction. Section 13.1 is hereby amended to insert the phrase “Except as expressly set forth in Section 4.1(d) with respect to the Leased Facilities, Section 4.1(g) with respect to the Concord Facility, and Section 4.1(o) with respect to the Xxxxxxx Facility,” at the beginning of the second sentence thereof. In addition, Section 13.1 is hereby amended to delete the last sentence (beginning with “Notwithstanding the foregoing,”) of said Section.
Single Transaction. Acquisition of the Raton Basin Assets by PGP and ------------------ the Pipeline Assets by the Pipeline Acquisition Entity shall be considered part of the same transaction, and the acquisition of one is contingent upon the acquisition of the other.
Single Transaction. All deliveries and payments made and actions taken at Closing are considered to have occurred simultaneously as a part of a single transaction and in the proper sequence, and no action is considered to have taken place and no delivery is considered to have been made until each of the actions and deliveries set forth in Articles 3.3.1 to 3.3.3 are completed.
