EXCO PA definition
Examples of EXCO PA in a sentence
As of the date hereof, EXCO PA is duly licensed or qualified to do business as a foreign corporation and is in good standing in all jurisdictions in which such qualification is required by Law, except where the failure to qualify or be in good standing would not have a Material Adverse Effect.
As of the date hereof, EXCO PA has all requisite power and authority to own and operate its property and to carry on its business as now conducted.
In accordance with the Reorganization, (a) EXCO shall cause EXCO PA to convey the membership interests of Black Bear to EXCO and (b) the Excluded Assets (other than the assets and membership interests of Black Bear, and the Deferred Interests which shall be treated in the Reorganization in the manner described in Section 6.9(a)) shall be placed in and allocated to EXCO XA.
Except for EXCO WV and Black Bear, prior to the Reorganization, EXCO PA has no subsidiaries or any direct or indirect equity interest in any Person.
This Guaranty may be amended only by an instrument in writing executed by the Parties (or EXCO PA or EXCO WV, as applicable) against whom enforcement is sought.
No waiver by any Party (or EXCO PA or EXCO WV, as applicable) of any condition, or any breach of any term, covenant, representation, or warranty contained in this Guaranty, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation, or warranty.
This Guaranty may not be assigned by any Party, EXCO PA or EXCO WV, in whole or in part, without the prior written consent of the Parties, EXCO PA and EXCO WV.
Any dispute among the Parties, EXCO PA and EXCO WV with respect to this Guaranty shall be resolved through final and binding arbitration in accordance with the arbitration procedures set out in Section 15.16 of the MITA, which shall apply mutatis mutandis to any such dispute.
Any of the terms, covenants, representations, warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party (or EXCO PA or EXCO WV, as applicable) waiving compliance.
EXCO Holding will cause each of EXCO PA and EXCO WV to be bound by the terms of this Guaranty and to perform any and all obligations each such Person may have under this Guaranty.