Examples of Oxxxx Corning in a sentence
This restructuring plan may result in the creation of a new Delaware company to serve as the parent corporation and holding company for Oxxxx Corning and its subsidiaries (“Holdco”).
Notwithstanding anything to the contrary contained in the Agreement, the Equity Definitions or this Confirmation, breach of a covenant or representation or warranty by the Trust or the failure of the Trust to make any delivery required hereby shall not give rise to any liability to Oxxxx Corning or entitle any person or entity to any damages or payments from Oxxxx Corning.
This Transaction will not violate any corporate policy of Oxxxx Corning or other rules or regulations of Oxxxx Corning applicable to Counterparty, including, but not limited to, Oxxxx Corning’s window period policy.
The Existing Plan contemplates that, on the Effective Date, Oxxxx Corning intends to effect a restructuring plan which would organize Oxxxx Corning and its subsidiaries along Oxxxx Corning’s major business lines.
For purposes of the representations by Oxxxx Corning on the Trade Date, Section 3(a)(ii), Section 3(a)(iv), Section 3(a)(v) and Section 3(c) of the Agreement are hereby amended by inserting the words “, subject to the entry by the Bankruptcy Court of the Confirmation Order and the occurrence of the Effective Date of the Plan of Reorganization” prior to the semicolon or period at the end of each such clause.
At the Operative Time, the Confirmation shall be amended in accordance herewith, and this Amendment shall form a part of the Confirmation for all purposes and New Oxxxx Corning shall become a party to the Confirmation as of the Operative Time as if originally named therein as a party thereto, except that, in the case of conflict, this Amendment shall control.
Oxxxx Corning hereby represents and warrants to BofA on, and agrees with BofA from and after, any Trade Date with respect to the Representations in the Agreement and clauses (i)(a) and (b), (ii), (iv)(a), (v), (vi), (viii) and (ix) below and the Assignment Effective Date with respect the Representations in the Agreement and clauses (i)(a) and (b) and (ii) below.
Each of New Oxxxx Corning and OCD has taken all necessary corporate action required for the due authorization, execution, delivery and performance by it of this Amendment.
Notwithstanding anything to the contrary contained in the Agreement, the Equity Definitions or this Confirmation, breach of a covenant, agreement, obligation or representation or warranty of or by Oxxxx Corning or the failure of Oxxxx Corning to make any delivery required hereby shall not give rise to a right of Lxxxxx to terminate the Transaction or any liability to the Trust or entitle any person or entity to any damages, payments or performance from the Trust.
Oxxxx Corning hereby represents and warrants to BSIL on, and agrees with BSIL from and after, any Trade Date with respect to the Representations in the Agreement and clauses (i)(a) and (b), (ii), (iv)(a), (v), (vi), (viii), (ix) and (x) below and the Assignment Effective Date with respect the Representations in the Agreement and clauses (i)(a) and (b) and (ii) below.