Undertakings by the Parties Sample Clauses

Undertakings by the Parties. (a) From and after the date of this Agreement:

Undertakings by the Parties. 8.1 Each Buyer agrees that it shall promptly and in any event no later than May 15, 2020, in its capacity as a holder of the Senior PIK Notes, (i) provide evidence reasonably satisfactory to the Seller that it has consented to extending the Stated Maturity (as defined in the Indenture) of the Senior PIK Notes to September 30, 2020 (or such later date as may be agreed by the Seller and the Buyers) and (ii) instruct the Trustee to extend the Stated Maturity in accordance with proviso (i) of this clause, in each case subject to the terms of the Indenture. 8.2 The Company hereby undertakes to provide reasonable assistance on a best efforts basis, as reasonably requested, to assist the Buyers in fulfilling the Regulatory Conditions Precedent. The Parties acknowledge that the Buyers shall have the primary responsibility, on a several basis, of fulfilling the Regulatory Conditions Precedent and that the Company shall have no obligations itself to fulfil the Regulatory Conditions Precedent, and for the avoidance of doubt shall not be required to undertake any divestments (including in respect of any business, activities or assets of any undertaking that is controlled by any member of the Company’s group) to fulfil the Regulatory Conditions Precedent. The Buyers shall be severally responsible for and bear all fees and other costs, except for professional fees and other costs incurred by the Seller, in relation to the Regulatory Conditions Precedent. 8.3 Each Buyer, to the extent that it has a filing obligation, shall, subject to the limitations set forth in this clause 8.3, use its commercially reasonable efforts to fulfil, on a several basis, the Regulatory Conditions Precedent as soon as practicable after the date of this Agreement. In particular, each Buyer, to the extent that it has a filing obligation, shall: (a) procure that the transaction hereunder will be duly presented for approval to the relevant public authorities as soon as reasonably practicable after the date of this Agreement; (b) submit any information and documents reasonably (in the sole judgement of such Buyer) requested by any relevant public authority as soon as reasonably practicable in order to obtain such approval; (c) subject to any limitations under applicable laws, keep the Seller and the Company reasonably informed about any communications with any relevant public authority and/or other developments in connection with the satisfaction of the Regulatory Conditions Precedent; (d) provide ...

Undertakings by the Parties. 2.1 Each Party acknowledges that the Confidential Information is confidential and undertakes: (a) to use the Confidential Information solely for the Permitted Purpose; (b) to keep the Confidential Information in strict confidence; (c) to keep confidential and not disclose to anyone the extent, nature or status of any discussions or negotiations which are taking place or have taken place in connection with the Project including the EOI and the RFP; (d) before disclosing Confidential Information to any Affiliate or to its agents or advisers and where the Receiving Party is PSO also to Other Stakeholders to ensure that such person is aware of the discloser’s obligations hereunder; (e) not without the prior written consent of the Disclosing Party to disclose any Confidential Information furnished to it to any third party provided that where the Receiving Party is PSO it may disclose any Confidential Information to the Other Stakeholders without such prior written consent of the Disclosing Party. 2.2 Notwithstanding the restriction on use and disclosure set out in Clause 2.1 above the Receiving Party may use or disclose Confidential Information: (a) which at the time of its disclosure to the Receiving Party is in or subsequently comes into the public domain other than as a result of any breach of the terms of this Agreement; or (b) which was already known to the Receiving Party or any of its Affiliates at the time of its disclosure to the Receiving Party is not otherwise subject to any confidentiality obligations and was not acquired directly or indirectly from the Disclosing Party; or (c) which is at any time after the date of this Agreement lawfully acquired by the Receiving Party or any of its Affiliates from any third party who is not bound by any obligation of confidentiality in respect of such Confidential Information; or (d) which the Receiving Party is required to disclose by any applicable law or the rules of any regulatory body or government agency lawfully requesting the same or the rules of any recognized stock exchange to which the Receiving Party is subject or by any court of competent jurisdiction acting in pursuance of its powers provided that the Receiving Party shall give written notice to the Disclosing Party prior to such disclosure; or (e) to such of the Receiving Party's Affiliates who need to have access to the Confidential Information for the Permitted Purpose provided that the Receiving Party shall ensure that each of them has been info...

Undertakings by the Parties. 41.1 The Company undertakes to give the maximum possible notice to employees of any permanent change affecting employment, and not less than one month to each person whose employment is to be affected. Where a longer period of notice is required by legislation, the Company will comply with that legislation. 41.2 Where the Union is the chosen representative of the affected employees the Union and employees on their part, in the light of the undertaking by the Company, undertake to ensure that: 41.2.1 During the period of notice given by the Company, operations will continue as normal. 41.2.2 With the aim of minimising retrenchments, they will accept employment of short-term labour and the working of overtime, after consultation and agreement with Management, to avoid replacement of people voluntarily leaving during the notice period. 41.3 In the event that the retrenched employee has less than 5 years service and responds within fourteen days to an offer of re-employment, the Company will maintain continuous service rights (except for the period of retrenchment) and preserve benefits relating to accumulated Sick Leave and Long Service Leave at the date of retrenchment. However, if the employee concerned has been paid out these accumulated service entitlements, these particular benefits will not be restored on re-engagement. 41.4 In the event that an employee is retrenched on more than one occasion, any payment related to length of service will be reduced by the deduction of the appropriate period, or periods, related to the previous retrenchment or retrenchments for which payments were made.

Undertakings by the Parties. 25.1 The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement. This implies, without limiting the generality of the aforegoing, that they shall – 25.1.1 at all times during the term of this Agreement act reasonably, honestly and in good faith; 25.1.2 perform their obligations arising from this Agreement diligently and with reasonable care; 25.1.3 make full disclosure to each other of any matter that may affect the execution or implementation of this Agreement. 25.2 It is recognised that the continued growth of the Company will be for the benefit of all BEE Shareholders and accordingly the BEE Shareholders undertake at all times to act in the best interests of the Company and in good faith to one another and to BEE SPV and at all times to use their best endeavours to advance the interests of the Company and BEE SPV. In particular, each of the BEE Shareholders undertakes not directly or indirectly, whether alone or jointly with any third party, to carry out any activity or undertaking of whatsoever nature or kind which directly competes with the Business. 25.3 Each of the BEE Parties undertake at all times to do all such things, perform all such actions and take all such steps (including in particular the exercise of their respective voting rights in BEE SPV and the Company) and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect and maintenance of the terms, conditions and import of this Agreement. 25.4 The undertakings given in this clause 25 shall apply to each BEE Shareholder for so long as that BEE Shareholder remains a shareholder and for a period of 1 (one) year thereafter. 25.5 The undertakings contained in this clause 25 are for the benefit of the Company and BEE SPV.

Undertakings by the Parties. (a) The Company undertakes to give the maximum possible notice to the union of any permanent change affecting employment, and not less than one month to each person whose employment is to be affected. It is understood by the parties that: (1) the aim is to ensure that one month's notice does not become the standard period of notice; (2) long term notice may create unnecessary concern unless there is a high degree of certainty that an individual will be affected by the change. (b) The union and employees on their part, in the light of undertakings by the Company, undertake to ensure that: (1) During the period of notice given by the Company, operations will continue as normal; (2) With the aim of minimising retrenchments, they will accept employment of fixed-term labour and the working of overtime after consultation with management to avoid replacement of people voluntarily leaving during the notice period.

Undertakings by the Parties. (a) From and after the date of this Agreement: (i) List of Nonperforming Assets. MBL shall provide HSB, within ten (10) days of the end of each calendar month, a written list of nonperforming assets (the term “nonperforming assets,” for purposes of this subsection, means (a) a loan that represents a “troubled debt restructuring” as defined in Statement of Financial Accounting Standards No. 15, “Accounting by Debtors and Creditors for Troubled Debt Restructuring,” (b) loans on nonaccrual, (c) real estate owned, (d) all loans ninety (90) days or more past due as of the end of such month and (e) and impaired loans.

Undertakings by the Parties. The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement. This implies, without limiting the generality of the aforegoing, that they shall –

Undertakings by the Parties. (a) The Company undertakes to give the maximum possible notice to Employees of any permanent change affecting employment and not less than one month to each person whose employment is to be affected. Where a longer period of notice is required by legislation, the Company will comply with that legislation. (b) The employees on their part, in the light of the undertaking by the Company, undertake to ensure that: (i) During the period of notice given by the Company, operations will continue as normal, and (ii) With the aim of minimising retrenchments, they will accept employment of short term labour and the working of overtime, after consultation with Management, to avoid replacement of people voluntarily leaving during the notice period, (c) In the event that the retrenched employee has less than 5 years’ service and responds within fourteen days to an offer of re-employment, the Company will maintain continuous service rights (except for the period of retrenchment) and preserve benefits relating to accumulated Personal Leave and Long Service Leave at the date of retrenchment. (d) However, if the employee concerned has been paid out these accumulated service entitlements, these particular benefits will not be restored on re-engagement. (e) In the event that an employee is retrenched on more than one occasion, any payment related to length of service will be reduced by the deduction of the appropriate period or periods related to the previous retrenchment or retrenchments for which payments were made.

Undertakings by the Parties. 11.1 Party A’s undertakings 11.1.1 Shenzhen Subsidiary will timely pay Party B the consideration for Purchased Assets in accordance with the provisions herein. 11.1.2 Shenzhen Subsidiary will make and sign further actions, behaviors, issues and documents needed for performing the clauses herein so as to enable full achievement of all the expected objectives herein.