Common use of Substantive Consolidation Clause in Contracts

Substantive Consolidation. Each Transferor hereby acknowledges that this Agreement and the other Transaction Documents are being entered into in reliance upon the Company’s identity as a legal entity separate from such Transferor and its Affiliates. Therefore, from and after the date hereof, each Transferor shall take all reasonable steps necessary to make it apparent to third Persons that the Company is an entity with assets and liabilities distinct from those of such Transferor and any other Person, and is not a division of such Transferor, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, such Transferor shall take such actions as shall be required in order that:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Cincinnati Bell Inc), Purchase and Sale Agreement (Cincinnati Bell Inc)

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Substantive Consolidation. Each The Transferor hereby acknowledges that this Agreement and the other Transaction Documents are being entered into in reliance upon the Company’s identity as a legal entity separate from such the Transferor and its Affiliates. Therefore, from and after the date hereof, each the Transferor shall take all reasonable steps necessary to make it apparent to third Persons that the Company is an entity with assets and liabilities distinct from those of such the Transferor and any other Person, and is not a division of such the Transferor, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, such the Transferor shall take such actions as shall be required in order that:

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Arch Coal Inc), Sale and Contribution Agreement (Alliance Resource Partners Lp)

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Substantive Consolidation. Each Transferor hereby acknowledges that this Agreement and the other Transaction Documents are being entered into in reliance upon the Company’s 's identity as a legal entity separate from such Transferor and its Affiliates. Therefore, from and after the date hereof, each Transferor shall take all reasonable steps necessary to make it apparent to third Persons that the Company is an entity with assets and liabilities distinct from those of such Transferor and any other Person, and is not a division of such Transferor, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, such Transferor shall take such actions as shall be required in order that:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cincinnati Bell Inc)

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