FS Contributed Company definition
Examples of FS Contributed Company in a sentence
Anyone tampering with or removing other tenant’s belongings or management’s property will be immediately evicted from the premises.
Schedule 4.26 of the FS Disclosure Schedule sets forth a list of all currently effective letters of credit, guarantees, deposits and other credit support provided by or on behalf of First Solar or its Affiliates to or on behalf of any FS Contributed Company relating to the ownership and operation of the FS Projects or as required pursuant to any FS Material Contract or FS Project Permit (the “FS Support Obligations”).
There are no strikes, lockouts, work stoppages, slowdowns or other material labor disputes against or affecting, in any material respect, any FS Contributed Company or FS Project.
There does not exist now, nor do any circumstances exist that reasonably could be expected to result in any Liability of any FS Controlled Company or, to the Knowledge of First Solar, of any FS Non-Controlled Company with respect to any Plan now maintained or previously maintained by any FS Contributed Company or any ERISA Affiliate of any FS Contributed Company (or to which such an entity ever contributed or was required to contribute).
All Material Contracts entered into or amended in any material respect, in each case, by or on behalf of any FS Contributed Company during the Interim Period, shall be reasonably acceptable to SunPower.
Neither First Solar nor any FS Controlled Company has received and, solely with respect to any FS Non-Controlled Company, First Solar has no Knowledge of any FS Non-Controlled Company having received, any written communication from any Governmental Entity that alleges that any FS Contributed Company is not in compliance, in any material respect, with any material Law which has not been resolved.
Except as disclosed on Schedule 4.17 of the FS Disclosure Schedule, there are no material Actions pending or, to First Solar’s Knowledge, threatened (and to First Solar’s Knowledge, as of the Execution Date, there are no facts or circumstances that will give rise to a material Action) against any FS Contributed Company or FS Project, or any current or former member, director or officer of any FS Contributed Company acting in such capacity.
Except as set forth on Schedule 4.17 of the FS Disclosure Schedule, there are no outstanding Orders to which any FS Contributed Company is a party, or by which any FS Contributed Company (or any of the assets of any FS Contributed Company) is bound by or with any Governmental Entity, except any such Order that is not material and that does not challenge or seek to prevent, enjoin or otherwise delay the transactions contemplated in this Agreement and in the other Transaction Documents.
Each FS Contributed Company has a valid and subsisting leasehold or subleasehold estate in, and the right to make use of, the FS Leased Real Property subject to the terms and conditions of the applicable lease or sublease agreement and subject to no Liens other than Permitted Liens.
Except for Permitted Equity Liens and as otherwise set forth on Schedule 4.07 of the FS Disclosure Schedule, there are no outstanding Liens relating to such FS Contributed Interests, and no outstanding rights, options, warrants, rights of first refusal, calls, preemptive rights, conversion rights, subscriptions, commitments, arrangements or other agreements pursuant to which any FS Contributor or FS Contributed Company is, or may be, obligated to sell, issue or acquire any FS Contributed Interests.