Xxxxxx and Xxxxxxxx each agree to conduct such investigation and discussions hereunder in a manner so as not to interfere unreasonably with normal operations and customer and employee relationships of the other party.
Xxxxxx and Xxxxxxxx shall ensure that the Corporations will not sell or otherwise transfer or dispose of any of their assets other than in accordance with the applicable provisions of any agreements between the Corporations and Secured Party.
Xxxxxx and Xxxxxxxx. For purposes of this Agreement, the term “Change of Control” shall have the meaning ascribed to such term in the Plan as in effect on the date hereof.
Xxxxxx and Xxxxxxxx. Notwithstanding the foregoing, the rights of the Participant upon a Change of Control (as defined in the Plan as in effect on the date hereof) shall be as set forth in section 9 of the Plan on the date hereof, in lieu of the vesting schedule set forth in Schedule 1. If as a result of the Change of Control, the Common Stock is exchanged for or converted into a different form of equity security and/or the right to receive other property (including cash), the Option may be exercised, to the maximum extent practicable, in the same form.
Xxxxxx and Xxxxxxxx shall ensure that the Corporations will not issue any additional shares of capital stock or other securities, warrants or options, or enter into any agreements to do so.
Xxxxxx and Xxxxxxxx the judge stated: Finally, if there is evidence by conduct or otherwise as to how the parties understood the terms of the treaty, then such understanding and practice is of assistance in giving content to the term or terms. As already stated, counsel for both parties to the appeal agreed that recourse could be had to the surrounding circumstances and judicial notice could be taken of the facts of history. In my opinion, that notice extends to how, historically, the parties acted under the treaty after its execution.73 Instructions to and methods employed by surveyors were not necessarily uniform, and the surviving record is not always detailed enough to come to reliable conclusions. In the early years, surveys were directed by Department of Indian Affairs officials in the field, and the relevant information was not always relayed to officials in Ottawa. As Chief Surveyor Xxxxxx Xxxx explained in 1904: in former years the Northwest Surveyors received their instructions, frequently ver- bally, in fact practically always verbally, from the Indian Commissioner at Regina. The Department was seldom informed of the work the surveyors were engaged in, and their returns were delayed from one to three years before they reached the Depart- ment and in some instances were not forwarded to the Department at all. This pro- ceeding is evidently unworkable and I submit very undesirable. Of late years it has been the practice to issue instructions in writing to Surveyors (in detail if necessary) for each survey which may be required.74 As well, in later years it is not always clear whether a request for additional land was to fulfil entitlement or to provide extra land for economic reasons.
Xxxxxx and Xxxxxxxx
