Xxxxxx Enterprises Sample Clauses

Xxxxxx Enterprises. So long as Xxxxxx Enterprises is a Member and for a period of one year thereafter, Xxxxxx Enterprises agrees that, other than through the Company, Xxxxxx Enterprises and its Affiliates shall not, directly or indirectly, engage in the development of or own, operate, lease, manage, control, invest in, act as consultant or advisor to or otherwise assist any Person that engages in the development or operation of any casino and/or hotel project in Las Vegas, Nevada, other than the Mountain Spa Resort; provided that Xxxxxx Enterprises and its Affiliates may own and/or operate a casino and/or hotel project in Las Vegas, Nevada if such opportunity has been offered to the Company and LCI, or the Board Members other than the Board Members appointed by Xxxxxx Enterprises, have caused the Company to decline to take up, or to fail to pursue, such opportunity.
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Xxxxxx Enterprises. XXXXX X. XXXXXXXXX -- Page 14 EXECUTED on this the 24th day of July, 2007. SELLER:
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Xxxxxx Enterprises. Filed 2/18/98 (case no. 00X000000XX000000) Filed in Indiana, Xxxxxx County Plaintiff seeking damages for breach of a commercial lease that the Company guaranteed for its franchisee. Settlement: Settled all claims for $20,000 to be paid with 14 days of the completion of the Merger with TRC.
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Xxxxxx Enterprises. They executed a promissory note and a chattel mortgage on the vehicle dated December 24, 1975 in favor of the latter to secure payment of the note. The mortgage was registered both in the Registry of Deeds and the Land Transportation Office. On the same date, X.X. Xxxxxx Enterprises, in turn, executed a deed of assignment of said promissory note and chattel mortgage in favor of Filinvest Credit Corporation with the conformity of respondent spouses. The latter were aware of the endorsement of the note and the mortgage to Filinvest as they in fact availed of its financing services to pay for the car. Respondent spouses transferred and delivered the vehicle to Xxxxxxx X. Xxxxxx by way of sale with assumption of mortgage. Subsequently, in 1978, Filinvest assigned all its rights and interest over the same promissory note and chattel mortgage to petitioner Servicewide Specialists Inc. without notice to respondent spouses. Due to the failure of respondent spouses to pay the installments under the promissory note, petitioner filed before in the RTC a complaint for replevin. In their answer, respondent spouses denied any liability claiming they had already returned the car to Xxxxxxx Xxxxxx pursuant to the Deed of Sale with Assumption of Mortgage. Ruling: In the case at bar, what is relevant is not the assignment of credit between petitioner and its assignor, but the knowledge or consent of the creditor’s assignee to the debtor-mortgagor’s sale of the property to another. When the credit was assigned to petitioner, only notice to but not the consent of the debtor- mortgagor was necessary to bind the latter. Applying Article 1627 of the Civil Code,[3] the assignment made to petitioner includes the accessory rights such as the mortgage. Article 2141, on the other hand, states that the provisions concerning a contract of pledge shall be applicable to a chattel mortgage, such as the one at bar. As provided in Article 2096 in relation to Article 2141 of the Civil Code,[4] a thing pledged may be alienated by the pledgor or owner ―with the consent of the pledgee.‖ In any case, applying by analogy Article 2128 of the Civil Code[7] to a chattel mortgage, it appears that a mortgage credit may be alienated or assigned to a third person. Since the assignee of the credit steps into the shoes of the creditor-mortgagee to whom the chattel was mortgaged, it follows that the assignee’s consent is necessary in order to bind him of the alienation of the mortgaged thing by the debtor-...
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Related to Xxxxxx Enterprises

  • Joint Enterprise Each Borrower has requested that Agent and Lenders make this credit facility available to Borrowers on a combined basis, in order to finance Borrowers’ business most efficiently and economically. Borrowers’ business is a mutual and collective enterprise, and the successful operation of each Borrower is dependent upon the successful performance of the integrated group. Borrowers believe that consolidation of their credit facility will enhance the borrowing power of each Borrower and ease administration of the facility, all to their mutual advantage. Borrowers acknowledge that Agent’s and Lenders’ willingness to extend credit and to administer the Collateral on a combined basis hereunder is done solely as an accommodation to Borrowers and at Borrowers’ request.

  • Continuity of Business Enterprise Except as set forth on Schedule 3.4, and except as contemplated by this Agreement, there has not been any sale, distribution or spin-off of significant assets of the Company or any of its Affiliates other than in the ordinary course of business within the two (2) year period preceding the date of this Agreement.

  • XXXXXXX COMPANY By: ____________________________________ Name: Title: The undersigned hereby acknowledges receipt of an executed original of this Agreement, together with a copy of the prospectus for the Plan, dated ________, summarizing key provisions of the Plan, and accepts the award of the Deferred Stock Units granted hereunder on the terms and conditions set forth herein and in the Plan. Date: ______________________ Grantee:

  • XXXXXXXX AND W XXXXXXX XXXXXX

  • Common Enterprise The successful operation and condition of each of the Loan Parties is dependent on the continued successful performance of the functions of the group of the Loan Parties as a whole and the successful operation of each of the Loan Parties is dependent on the successful performance and operation of each other Loan Party. Each Loan Party expects to derive benefit (and its board of directors or other governing body has determined that it may reasonably be expected to derive benefit), directly and indirectly, from (i) successful operations of each of the other Loan Parties and (ii) the credit extended by the Lenders to the Borrowers hereunder, both in their separate capacities and as members of the group of companies. Each Loan Party has determined that execution, delivery, and performance of this Agreement and any other Loan Documents to be executed by such Loan Party is within its purpose, in furtherance of its direct and/or indirect business interests, will be of direct and/or indirect benefit to such Loan Party, and is in its best interest.

  • Partnerships and Joint Ventures No Loan Party shall become a general partner in any general or limited partnership or a joint venturer in any joint venture.

  • Xxxxxxxx Tobacco Co the jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 40% at fault, and the remaining defendant to be 15% at fault, and awarded $6 million in compensatory damages and $17 million in punitive damages against each defendant.

  • Business and Entertainment Expenses Subject to Company’s standard policies and procedures with respect to expense reimbursement as applied to its executive employees generally, Company shall reimburse Executive for, or pay on behalf of Executive, reasonable and appropriate expenses incurred by Executive for business related purposes, including dues and fees to industry and professional organizations and costs of entertainment and business development.

  • XXXXXAS xx xxcordance xxxx Xxxx 00x-1(k) xxder the Securities Exchange Act of 1934 (the "Act"), only one statement containing the information required by Schedule 13G and any amendments thereto need be filed whenever two or more persons are required to file such a statement or any amendments thereto with respect to the same securities, provided that said persons agree in writing that such statement or any amendment thereto is filed on behalf of them.

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