Examples of Designation Rights Agreement in a sentence
Pursuant to the terms of the Designation Rights Agreement, Buyer shall have the right (the “Designation Rights”) to assign its rights and obligations hereunder with respect to any or all Real Property Leases to one or more third parties designated by Buyer (each, a “Designated Purchaser”) so long as Buyer complied with the Designation Rights Agreement with respect thereto and causes each Designated Purchaser to comply with the provisions of the Designation Rights Agreement.
For the avoidance of doubt, no Subsequent Acquired Store Employee shall become an employee of Buyer until the related Real Property Lease is assumed and assigned pursuant to the Designation Rights Agreement.
Cure of Defaults By way of entering into the agreements comprising the Joint Venture Sale, including, without limitation, the Designation Rights Agreement, the Debtors and CWI, Inc.
However, Plaintiffs also acknowledge that the Designation Rights Agreement, which is the document containing Plaintiff’s original offer, did not prohibit competing bids.Taken as true, these facts do not support the inference that Defendants’ misrepresentations were material to Plaintiffs’ decision to place a second bid.
On the terms and subject to the conditions contained in the Designation Rights Agreement, on the USA Closing Date, USA Seller shall convey, assign, transfer and deliver to USA Buyer, and USA Buyer shall accept the conveyance, assignment, transfer and delivery from USA Seller, of the Designation Rights in respect of the USA Remaining Stores identified in the Designation Rights Agreement.
To Seller, the Designation Rights Agreement, the Escrow Agreement, the Headquarters Assignment and Assumption Agreement, the Release Agreement and the Transitional Services Agreement, each executed on behalf of USA Buyer and/or Canadian Buyer or their Affiliates, as applicable.
As Plaintiffs state, the Designation Rights Agreement allowed Defendant Brokers to solicit other bids.
The foregoing descriptions of the Purchase Agreement, the Warrant, the Certificate of Designation, the Rights Agreement, and the Waiver are qualified in their entirety by reference to the full text of such Purchase Agreement, Warrant, Certificate of Designation, Rights Agreement, and Waiver, the forms of which are attached as Exhibits 10.1, 4.1, 3.1, 10.2, and 10.3, respectively, to this Current Report on Form 8-K (this “Form 8-K”), and which are incorporated herein in their entirety by reference.
All rights in connection with all executory contracts and unexpired leases assumed by the Debtors or entered into after the Petition Date and that have not been assigned to a third party, including, without limitation, the Designation Rights Agreement, shall remain property of the Estate of Service Merchandise.
PLEASE TAKE NOTICE that, on June 6, 2011, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) entered the Order Pursuant to Sections 105 and 363 of the Bankruptcy Code and Bankruptcy Rules 2002 and 6004 Authorizing and Approving (i) Designation Rights Agreement with The Cotton On Group, (ii) the Sale of Certain of the Debtor’s Leases, (iii) Assumption and Assignment Procedures,(iv) Cure Amounts and (v) Granting Related Relief [Dkt.