Acquisition and Exchange Agreement definition

Acquisition and Exchange Agreement means that certain Acquisition and Exchange Agreement, dated as of November 13, 2000, among HMT Lessee, Host LP, Crestline and the other parties named therein, as amended from time to time.

Acquisition and Exchange Agreement means that certain Acquisition

Acquisition and Exchange Agreement shall have the meaning set forth in the Recitals to this Agreement;

Examples of Acquisition and Exchange Agreement in a sentence

• Terms used in this Amendment and defined in the Acquisition and Exchange Agreement shall, unless otherwise defined herein, have the respective meanings ascribed thereto in the Acquisition and Exchange Agreement.

• Any Dispute (as such term is defined in the Acquisition and Exchange Agreement) regarding the negotiation, existence, validity, interpretation, performance, breach or termination of this Agreement shall be resolved in accordance with Section 10.5 of the Acquisition and Exchange Agreement.

• All notices, requests, certificates and other instruments executed and delivered once this Amendment has become effective may refer to the Acquisition and Exchange Agreement without making specific reference to this Amendment, but nevertheless any such reference shall include this Amendment unless the context requires otherwise.

• Diaquem will at the request of SDCI enter into such subordination, priority or similar agreement as may be reasonably required by any project finance lenders(s), including as contemplated in the Credit Support Agreement (as defined in the Acquisition and Exchange Agreement) so as to subordinate the Diaquem hypothec to any security of such project lenders(s) with respect to the development of any mine on the Property.

• The parties hereto acknowledge and agree that the Acquisition and Exchange Agreement is amended only in the manner and to the extent set forth herein and that all other terms and conditions of the Acquisition and Exchange Agreement remain unamended and in full force and effect.

• Dated this 8th day of February, 2011 SOCIÉTÉ GÉNÉRALE DE FINANCEMENT DU QUÉBEC Per: (signed) Name: Xxxxxxx Xxxxx Title: Pursuant to Power of Attorney Per: (signed) Name: Xxxx Xxxxxxx Title: Pursuant to Power of Attorney The undersigned, Stornoway Diamonds (Canada) Inc., hereby intervenes to this First Amendment to Acquisition and Exchange Agreement (this “Amendment”) to specifically acknowledge and accept the amendments set forth in this Amendment.

• Xxxxxx Title: President & Chief Executive Officer Per: (signed) Name: Zara Xxxxx Title: Vice-President, Finance and Chief Financial Officer INTERVENTION AND ACKNOWLEDGEMENT The undersigned, Société générale de financement du Québec, hereby intervenes to this First Amendment to Acquisition and Exchange Agreement (this “Amendment”) to specifically acknowledge and accept the amendments set forth in this Amendment.

• This Amendment shall be construed in connection with and as forming an integral part of the Acquisition and Exchange Agreement.

More Definitions of Acquisition and Exchange Agreement

Acquisition and Exchange Agreement means the acquisition and exchange agreement made as of December 14, 2010 between Diaquem and Stornoway, as amended on February 8, 2011;

Acquisition and Exchange Agreement means the acquisition and exchange agreement dated the date hereof between Stornoway and Diaquem, including any schedule or annex thereto, as the same may be amended, supplemented or otherwise modified from time to time in accordance with the terms thereof;