C&S Agreement definition
Examples of C&S Agreement in a sentence
Debtors will not take any action that would adversely affect in any material respect any C&S Designation Rights, including, but not limited to failure to timely perform all post-petition obligations under the Store Leases (as defined in the C&S Agreement).
If the Debtors fail to perform their obligations hereunder with respect to the sale of the ▇▇▇▇▇▇ Assets (including Equipment) and IT, and the obligations described in Sections 2(c)1, (2), (3), (7) and (8) of the C&S Agreement, Buyer shall have the right to seek injunctive relief for specific performance by the Debtors to effectuate the foregoing transactions.
The Debtors shall not assume the Supply Agreements (as defined in the C&S Agreement), but shall not reject the Supply Agreements until the later of (A) the expiration of the 60-day period following the Closing, or (B) the expiration of the 30-day period following the expiration or termination of the Transition Services Agreement; provided, that all of C&S’s inventory, as applicable, shall be removed from the Debtors’ facilities prior to such date.
It is understood and agreed that in the event you are terminated on or after the date of a Change of Control, as defined in the C&S Agreement, you shall not be entitled to any enhanced pension benefit under the terms of this Agreement, and any entitlement you may have to severance benefits shall be pursuant to the C&S Agreement.
As of May 29, 2011, C&S and A&P are parties to that certain Warehousing, Distribution and Related Services Agreement dated March 7, 2008 (the “Prior C&S Agreement”) and that certain Interim Transportation Services Agreement dated February 6, 2011 (the “Interim Agreement,” which together with the Prior C&S Agreement and all amendments, modifications or letter agreements related thereto shall be referred to as the “Prior Agreements”).
The Debtors shall submit a motion to the Bankruptcy Court to reject the C&S TSA (as defined in the C&S Agreement) effective as of the Closing, and reject the 3PL (as defined in the C&S Agreement) effective on the date that is 30 days following the Closing.
Upon entry of the Bankruptcy Court Orders, C&S shall apply the $12.2 million of cash in its possession in respect of amounts owed to the Debtors as of the Petition Date under the Prior C&S Agreement to the satisfaction of the C&S Liquidated Claim.
In the event you are terminated other than for Cause (as defined in the Confidentiality and Severance Agreement between PEC and you, effective May 22, 2002 (the C&S Agreement")) and your termination occurs prior to the date of a Change of Control, as defined in the C&S Agreement, your pension benefit will be enhanced generally in the same manner as described in the second, third and fourth sentences of paragraph 3a of the C&S Agreement.
Subject to the foregoing, this CS Agreement shall be binding on the Parties and their permitted assigns.
The terms of the CS Agreement were determined after arm’s length negotiation between the parties after taking into account the services offered by GC Corporate Services and the possible costs incurred by the Group if GC Corporate Services was not engaged.