Subject to ss. 2(b) above, in the event of a dissolution or liquidation of the Company or a merger or consolidation in which the Company is not the surviving corporation, the Employee shall, in such event, have the right, immediately prior to such dissolution, liquidation, merger or consolidation, to exercise this Option in whole or in part without regard to the installment provisions of Paragraph 2(a) above, unless this Option is assumed by the surviving or acquiring corporation, or its parent.
Subject to ss. 10.2 and without prejudice to any other remedy available to a party (the "Indemnified Party") at law or in equity, the other party (the "Indemnifying Party") hereby agrees, forthwith upon demand, to indemnify and save harmless the Indemnified Party from and against any and all costs, losses, damages, taxes or expenses suffered or incurred by the Indemnified Party in any manner arising out of, in connection with, with respect to or relating to any representation or warranty the Indemnifying Party set forth in this Agreement, being untrue or incorrect or the failure of the Indemnifying Party to observe or perform any of its obligations pursuant hereto, and any and all goods and services taxes, actions, suits, proceedings, demands, assessments, judgments, reasonable costs and reasonable legal and other expenses incidental thereto. Claim Limits
Subject to ss. 7.7 and to existing requirements under any applicable Underlying Agreement, after the Earn-In Rights contained in ss.6.6 and 6.7 have been exercised (by either or both Investors) with respect to an aggregate of two Properties, if:
(a) the Owner wishes to dispose of all or a portion of its Interest in a Property; or
(b) the Owner wishes to accept a legally binding and enforceable offer from a third party to purchase, earn or acquire an Interest; it shall first offer to the Investors the same opportunity in the manner hereinafter set out.
Subject to ss. (a) (xvi), current liabilities of the Guarantor incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services;
Subject to ss. 4.2 below, MLOA shall provide to the Distributor copies of such prospectuses, statements of additional information, financial statements sales materials and other documents in such numbers as the Distributor shall reasonably request for use in connection with the solicitation of applications for the Variable Products.
Subject to ss. 6.5, the parties hereto acknowledge and agree that an award of money damages would be inadequate for any breach of this Agreement by any party or its representatives and any such breach would cause the non-breaching party irreparable harm. Accordingly, the parties hereto agree that, in the event of any breach or threatened breach of this Agreement by one of the parties, the non-breaching party will also be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance. Such remedies will not be the exclusive remedies for any breach of this Agreement but will be in addition to all other remedies available at law or equity to each of the parties. Part 7
Subject to ss. 4.2 below, Equitable Life shall provide to the Distributor copies of such prospectuses, statements of additional information, financial statements sales materials and other documents in such numbers as the Distributor shall reasonably request for use in connection with the solicitation of applications for the Products.
Subject to ss. 6.2(b), the aggregate amounts outstanding under the Credit from time to time shall bear interest at the Interest Rate on the daily unpaid amount of the Advance. Interest Payment Dates
Subject to ss. 3.3, the Borrower will repay to the Lender on or before the Maturity Date all outstanding amounts owed under the Credit. Alternative Mandatory Repayment
Subject to ss. 4.2 below, MONY shall provide to the Distributor copies of such prospectuses, statements of additional information, financial statements sales materials and other documents in such numbers as the Distributor shall reasonably request for use in connection with the solicitation of applications for the Variable Products.
