Examples of Fording ULC in a sentence
This Agreement, the Declaration of Trust and the memorandum and articles of association of Fording ULC constitute the entire agreement between the Parties and set out all of the covenants, promises, warranties, representations, conditions, understandings and agreements between the Parties pertaining to the subject matter of this Agreement and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written.
Such indemnity payments shall be reimbursed to Teck Cominco to the extent that costs and expenses are recovered by the Trust or Fording ULC from the party against whom such action is taken.
The Memorandum and Articles of Association of Fording ULC provides for a minimum of seven and a maximum of nine Directors.
Teck Cominco shall pay to the Trust or Fording ULC as applicable, and indemnify the Trust and Fording ULC, as applicable, against all of the reasonable legal fees, costs and expenses on a full cost recovery basis incurred by either of them in connection with all actions against Teck Cominco in connection with the enforcement by either the Trust or Fording ULC of any of their respective rights or benefits conferred pursuant to or derived from this Agreement.
The Parties acknowledge and agree that an award of money damages would be inadequate for any breach by Teck Cominco of Section 3.3, if applicable, if Teck Cominco chooses to vote its Units in respect of the election of Trustees or the approval of Directors and any such breach would cause the Trust, Fording ULC or a party to another Governance Agreement irreparable harm.
Accordingly, the Independent Committees determined with the advice of Osler, that precluding Mr. Grandin from acting as Chair of the Independent Committees would not serve to enhance the independence of the Trustees and the Directors from management of Fording and Fording ULC and their respective subsidiaries.
Grandin has served as Chair and Chief Executive Officer of each of Fording and Fording ULC since the formation of Fording in 2003 and the incorporation of Fording ULC in 2005.
Under the terms of certain agreements between Fording and the Partnership, the Partnership is required to make certain of its executive personnel available to serve as officers of Fording and Fording ULC.
Officers of Fording and Fording ULC, as well as employees of the Partnership, assisted, among other things, in the preparation of the Virtual Data Room to which potentially interested parties were granted access and provided information to the Independent Committees and their advisors upon request from time to time.
Fording Limited Partnership Limited Partnership Partnership Units 99.99% Borrower 00.01% Fording ULC, a wholly-owned subsidiary of Borrower.2 Alberta Teck Cominco Coal Partnership General Partnership Partnership Units 99.99% Borrower 0.008% Teck-Bullmoose Coal Inc.