The Company will cause its properties and the properties of its Subsidiaries used or useful in the conduct of the business of the Company and its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary facilities and equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that the foregoing shall not prevent the Company or a Subsidiary from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to any Holder; and
The Company will use its best efforts to cause the registration statement filed pursuant to Section 1.02 to become and remain effective for the lesser of (i) one year, (ii) the period of time after which restrictions on sales of securities by persons other than affiliates pursuant to Commission Rule 144(k) (or any successor provision) terminate, or (iii) until the Holder no longer owns any of the Registrable Securities;
The Company will. Prepare and file with the SEC a registration statement with respect to such securities, and use its best efforts to cause such registration statement to become and remain effective for a period not to exceed ninety (90) days from the time when such registration statement has become effective;
The Company will. (i) indemnify and hold harmless the Agents, jointly and severally, their agents and their officers, directors, employees, agents, selected dealers and each person, if any, who controls the respective Agents within the meaning of the Act and such agents (each an “Indemnitee” or an “Agent Party”) against, and pay or reimburse each Indemnitee for, any and all losses, claims, damages, liabilities or expenses whatsoever (or actions or proceedings or investigations in respect thereof (collectively, “Proceedings”), joint or several (which will, for all purposes of this Agreement, include, but not be limited to, all reasonable costs of defense and investigation and all reasonable attorneys’ fees, including appeals), to which any Indemnitee may become subject (a) under the Act or otherwise, in connection with the offer and sale of the Securities and (b) as a result of the breach of any representation, warranty or covenant made by the Company herein or the failure of the Company to perform its obligations under the Agreement, regardless of whether such losses, claims, damages, liabilities or expenses shall result from any claim by any Indemnitee or by any third party; and (ii) reimburse each Indemnitee for any legal or other expenses reasonably incurred in connection with investigating or defending against any such loss, claim, action, proceeding or investigation; provided, however, the Company will not be liable in any such case to the extent that any such claim, damage or liability of a Agent is to have resulted from that Placement Agent’s gross negligence or willful misconduct. In addition to the foregoing agreement to indemnify and reimburse, the Company will indemnify and hold harmless each Indemnitee against any and all losses, claims, damages, liabilities or expenses whatsoever (or actions or proceedings or investigations in respect thereof), joint or several (which shall, for all purposes of this Agreement, include, but not be limited to, all reasonable costs of defense and investigation and all reasonable attorneys’ fees, including appeals) to which any Indemnitee may become subject insofar as such costs, expenses, losses, claims, damages or liabilities arise out of or are based upon the claim of any person or entity that he or it is entitled to broker’s or finder’s fees from any Indemnitee in connection with the Offering or the Warrant Exercise as a result of the Company obligating itself or any Indemnitee to pay such a fee, other than fees due to the Agen...
The Company will. (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and, in the opinion of the Company, storage space permits;
(b) Store the Grain for the Client at the Facilities; and
(c) Outturn the Grain for the Client at such time or times and in such quantities as the Client requires in accordance with Clause 7.
The Company will supply a report to the Union containing the following information on a mutually agreed data processing medium following the close of the Company’s four (4) or five (5) week accounting period:
(i) Full Name;
(ii) Employee number;
(iii) Status (Full-Time, Part-Time, Active, Inactive);
(iv) Classification;
The Company will. 1. Ensure all Employees, who choose to participate, are automatically enrolled in the HWBP within three (3) pay periods from their date of hire.
2. Ensure all H&W earned Employee who choose to participate are sent to the HWBP within 21 days of the end of the pay period for which the money is earned.
3. Ensure each full-time Employee receives the information to facilitate the allocation of their H&W monies as they choose once a year during annual open enrollment.
4. Have the final say in all benefits included in the Plan. The Union agrees to the following:
1. The Company may use all needed Employee information available to the company in the normal course of business to set up these accounts.
2. The Union agrees that the Plan will continue for the term of the CBA.
The Company will consult with Employees so as to provide opportunities for them to be involved and to express views before implementing changes which will impact on Employees workplace and conditions;
The Company will. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its corporate existence, rights and franchises, provided that the Company may effect a transaction in accordance with Section 8 hereof.
(b) Promptly following the occurrence of any event that is or, with the passage of time or the giving of notice or both, would be, an Event of Default ("Default"), furnish to the Holder a statement of the Company's President or Chief Financial Officer setting forth the details of such Default and the action which the Company proposes to take with respect thereto.
The Company will a) ensure that it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of the Content and your contact details and any related personal data; and
b) process the Content and your contact details and any related personal data in accordance with the privacy notice, receipt of which you acknowledge by entering this Agreement.
