The Debtor. The Debtor hereunder, in terms of this Agreement, refers to Beijing Secoo Trading Limited, KUTIANXIA (BEIJING) INFORMATION TECHNOLOGY CO., LTD. and Shanghai Secoo E-commerce Limited.
The Debtor. The Debtor hereunder, in terms of this Agreement, refers to China Online Education (HK) Limited and 51Talk English International Limited.
The Debtor. (a) The Debtor is incorporated in the State of California.
(b) The Debtor's exact legal name, as it appears in the public records of its jurisdiction of incorporation, is Signature Eyewear, Inc. The Debtor has not changed its name, whether by amendment of its charter, reorganization, merger or otherwise, since its date of incorporation.
(c) The Debtor's organizational identification number, as issued by its jurisdiction of incorporation, is 01209237.
(d) The Debtor's chief executive office is located at 498 North Oak Street, Inglewood, CA 90302, USA. The Debtor xxx xxx xxxxxxx xxx xxxxx xxxxxxxxx xxxxxx xxthin the past four months.
(e) The Debtor keeps its corporate records and all records, documents and instruments relating to or evidencing Collateral at its address indicated in Clause 6.8 (Notices) below.
The Debtor. (a) The Debtor will preserve its corporate existence and will not, in one transaction or a series of related transactions, merge into or consolidate with any other entity, or sell all or substantially all of its assets.
(b) The Debtor will not change the jurisdiction of its incorporation.
(c) The Debtor will not change its name without providing the Secured Party with 30 days' prior written notice.
(d) The Debtor will keep its corporate records and all records, documents and instruments relating to or evidencing Collateral at its address indicated in Clause 6.8 (Notices) below.
(e) The Debtor agrees to permit the Secured Party and its agents and representatives (at the Debtor's expense), during normal business hours, to inspect the Collateral, to examine and make copies of and abstracts from the records referred to in paragraph (d) above, and to discuss matters relating to the Collateral directly with the Debtor's officers and employees and relevant third parties (including account debtors).
(f) Upon request, the Debtor shall provide the Secured Party with such information concerning the Collateral as the Secured Party shall reasonably request, including the current list of names and addresses of all account debtors.
The Debtor. 10 Xxxxxxxx Xxxxxx Xxxxxxxxx, 0000 Facsimile (013)-755-2618 Attention: The Managing Director
The Debtor. In the event that a Chapter 11 case is commenced to seek confirmation of the Plan, Ener1 will be the sole debtor in the case. The discussion of the Debtor’s business in this Disclosure Statement refers to, and incorporates, the operations of those subsidiaries on a collective basis. The Debtor is a holding company that is incorporated in Florida and headquartered in New York City. The Debtor was formed in 1985 and was then known as Boca Research Corp. 8 The Debtor pursues multiple alternative energy applications through several foreign and domestic subsidiaries and a joint venture. If the Plan is confirmed, it is not contemplated that there will be a need for any of these subsidiaries to commence a bankruptcy case. The stock of Ener1 is publicly held and until October 28, 2011, was traded on NASDAQ. The primary debt obligations of Ener1 are the following:
(i) Tranche A and Tranche B 8.25% senior unsecured notes due July 1, 2013 in the aggregate outstanding principal balance, plus accrued and unpaid interest, of $62.0 million, plus fees, costs, and all other obligations, pursuant to the terms of such notes. These are classified as Senior Note Claims under the Plan.
(ii) 6% senior convertible notes due August 26, 2015 held by ITOCHU in the aggregate outstanding principal balance, plus accrued and unpaid interest, of $10.3 million, plus fees and costs, to the extent provided for, pursuant to the terms of such notes. These are the Convertible Note Claims under the Plan.
The Debtor. Apartado Postal número cero ocho tres dos xxxxx dos cuatro cuatro tres (0832-2443) WTC, Panamá, República de Panamá, and a copy to PriceSmart, Inc, nine seven four zero (0000), Xxxxxxxx Xxxx,Xxx Xxxxx, Xxxxxxxxxx, nine two one two one (92121), United States of America. It is hereby understood and agreed thatin the event that the notice or notification is sent by mail, such shall be understood as being delivered once a term of three(3) workdays have elapsed as of the day on which such notice has been deposited in the mail. The receipt issued by the Postal Office shall constitute sufficient proof of the sending of the notice or notification and its date.
The Debtor. (a) gives false or misleading information concerning the warranties or covenants made herein, or reaches such warranties or covenants, or (b) voluntarily or involuntarily files any proceeding under any provision of the federal Bankruptcy Code, or (c) institutes or has commenced against Debtor any proceeding under a state insolvency statute for the appointment of a receiver, or (d) makes an assignment for the benefit of creditors, or becomes insolvent, or (e) fails to procure and furnish proof of, or maintain the insurance required under this agreement, or (f) fails to pay promptly when due any Original Indebtedness or any other indebtedness secured hereunder, or (2) the Collateral is confiscated by any local, state or federal government agency due to its alleged illegal use or acquisition, or (3) the Secured Party has any other reasonable cause to believe that the Collateral is in jeopardy or that the Original Indebtedness or any other indebtedness secured hereunder will not be paid when due, then upon the occurrence of any such events, the Debtor shall be in default. Upon default the Original Indebtedness and all other indebtedness secured under this agreement shall become immediately due and payable, at the option of the Secured Party, with or without notice to the Debtor and the Secured Party shall have the following rights in addition to all other remedies available to it under applicable law:
(1) The Secured Party shall be entitled to possession of the Collateral and may, with or without notice to the Debtor, enter any premises where the Collateral is located and take possession thereof.
The Debtor. (a) agrees to comply with all acts, rules, regulations and orders of any legislative, administrative or judicial body or official, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the business or operations of the Debtor, provided that the Debtor may contest any acts, rules, regulations, orders and directions of such bodies or officials in any reasonable manner which will not, in CIT's reasonable opinion, materially and adversely effect CIT's rights or priority in the Collateral; (b) agrees to comply with all environmental statutes, acts, rules, regulations or orders as presently existing or as adopted or amended in the future, applicable to the Collateral, the ownership and/or use of its real property and operation of its business, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the operation of the business of the Debtor; and (c) shall not be deemed to have breached any provision of this Paragraph 7.7 if (i) the failure to comply with the requirements of this Paragraph 7.7 resulted from good faith error or innocent omission, (ii) the Debtor promptly commences and diligently pursues a cure of such breach, and (iii) such failure is cured within thirty (30) days following the Debtor's receipt of notice of such failure, or if such cannot in good faith be cured within thirty (30) days, then such breach is cured within a reasonable time frame based upon the extent and nature of the breach and the necessary remediation, and in conformity with any applicable consent order, consensual agreement and applicable law.
The Debtor. The Debtor hereunder, in terms of this Agreement, refers to Borqs Beijing Ltd.
1. 担保范围本协议担保范围包括因主债权债务合同而产生的 融资本金、利息、罚息、需补足的保证金、复利、违约金、 赔偿金、评估费、公证费、手续费、实现债权的费用(包括 但不限于诉讼费用、财产保全费、差旅费、拍卖费、律师 费用、执行费用等)、因出质人在本协议下违约而给质权人 造成的损失和债务人在主债权债务合同项下的其它所有应 付费用
2. 担保权益之选择若因债务人发生主债权债务合同项下的违 约和/或出质人发生本协议项下违约，而造成质权人依本协 议约定行使担保权益时，若被担保的主债权既有物的担保 又有人的担保的，质权人可以先就相关担保文件(包括本协 议)项下物的担保实现债权，也可以根据相关担保文件的规 定先要求实现人的保证责任。出质人同意，在任何情况下， 质权人未行使或未及时行使其与债务人在其他任何文件项 下的任何权利，包括但不限于债权、担保物权、违约救济 权，均不得被视为质权人怠于或放弃行使权利，亦不会影 响其充分行使本协议项下的权利。
3. 出质人的陈述与保证出质人向质权人作出如下陈述与保证, 并确认质权人系依赖于该等陈述与保证而签署和履行本协 议：
(1) 出质人系依据其中国法律(为本协议目的，不包括香港、澳 门特别行政区及台湾地区的法律，下同)成立并有效存续之 法人，并且出质人依据中国法律具有完全的民事权利能力 并能独立对外承担民事责任。
