Examples of Commodities Purchase Facility in a sentence
The shares of capital stock or other Equity Interests so indicated on Annex 8 to this Schedule 2 are fully paid and non-assessable and are owned by the Tensar Parties, directly or indirectly, free and clear of all Liens (other than Liens created under the Security Documents and the security documents with respect to the Second Lien Commodities Purchase Facility).
This Amendment is a Tensar Holdings Commodities Purchase Facility Document.
No material consent or authorization of, filing with, notice to, or other act by or in respect of, any Governmental Authority or any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment, or any of Second Lien Commodities Purchase Facility Documents or Tensar Holdings Commodities Purchase Facility Documents, except such as have been made or obtained and are in full force and effect.
This Amendment is a Second Lien Commodities Purchase Facility Document.
Neither this Agreement, the Reimbursement Letter, any other Commodities Purchase Facility Document, or any other document entered into in connection herewith or therewith or evidencing Obligations, any of the terms hereof or thereof may be amended, changed, waived, discharged or terminated unless such amendment, change, waiver, discharge or termination is in writing entered into by, or approved in writing by, TCO, the Administrative Agent and Tensar.
No failure or delay on the part of TCO in exercising any right, power or privilege hereunder or under any other Commodities Purchase Facility Document and no course of dealing between TCO and Tensar shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Nothing in this Agreement shall affect any right that TCH or any Purchaser may otherwise have to bring any action or proceeding relating to this Agreement or the other Tensar Holdings Commodities Purchase Facility Documents against Tensar Holdings or their properties in the courts of any jurisdiction.
In the event of any conflict between the provisions of this Agreement and the provisions of the First Lien Lease/Purchase Facilities Documents or the Second Lien Commodities Purchase Facility Documents, the provisions of this Agreement shall govern and control.
Each Tensar Party party hereto has the corporate or other organizational power and authority to execute and deliver this Amendment and to perform its obligations hereunder and under each of the Lease/Purchase Facilities Documents or Luxco Commodities Purchase Facility Documents , as applicable, amended hereby (as amended hereby).
No material consent or authorization of, filing with, notice to, or other act by or in respect of, any Governmental Authority or any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment, or any of the Lease/Purchase Facilities Documents or Luxco Commodities Purchase Facility Documents (as amended hereby), except such as have been made or obtained and are in full force and effect.