Examples of Xxxxxxxx Assets in a sentence
The Operating Company shall promptly provide TRMC copies of all correspondence between the Operating Company and a governmental authority or third party regarding the Operating Company’s activities with respect to the Xxxxxxxx Assets where the TRMC Remedial Work is to be performed.
The consent by the Lenders described herein is limited to the Xxxxxxxx Transfer and the Xxxxxxxx Assets and shall not be construed to be a consent to or a permanent waiver of the Section 6.04 of the Credit Agreement or any other terms, provisions, covenants, warranties or agreements contained in any Loan Document.
TRMC shall not interfere with the Operating Company’s actions taken pursuant to this Section 4.3(c), and shall cooperate with the Operating Company in obtaining any permits, consents or approvals necessary for the Operating Company to perform its actions taken with respect to the Xxxxxxxx Assets.
However, if the Partnership or the Operating Company is compelled to undertake or pursue TRMC Remedial Work with respect to the Xxxxxxxx Assets, or threatened with penalties or other adverse consequences (including damages, litigation, indemnification obligations, attorneys’ fees, etc.), then the Operating Company shall have the right and authority, but not the obligation, to conduct the TRMC Remedial Work with respect to the Xxxxxxxx Assets at TRMC’s sole expense.
Subject to the terms hereof, the Lenders hereby (a) consent to the Xxxxxxxx Transfer pursuant to the PSA, and (b) consent to the Administrative Agent releasing and discharging the Xxxxxxxx Assets from the liens and security interests granted to such respective agents by the Borrower or any Guarantor under the Loan Documents.