The seller would not release its corporate resolutions until the buyer agree to
the proposed changes.
If such was the intent 6f the parties, these courts sometimes reason, why did the guarantors not agree to a full principal payment guaranty?
Guarantors, for instance, often agree to remain liable under their guaranties notwithstanding modifications to the underlying loan, extensions of time granted to the borrower, releases of collateral securing the loan or releases of the borrower from its obligations under the operative loan documents.
In addition, a QI not assuming primary withholding responsibility nevertheless must agree to
withhold if it knows that an amount was supposed to be withheld from the payment and the full amount was not withheld.
For example, the IRS and taxpayer agree to
approximate a LIFO adjustment using an agreed upon "short-cut" method rather than requiring the taxpayer to go through a very lengthy and time-consuming recalculation for years in which returns have already been filed.
Item six of the Stipulation Agreement, which states "The parties agree to
discharge in good faith all of the obligations of the Acquisition Agreement," is unambiguous.
Additionally, the H&Q Asia Pacific investors will agree to
vote their shares in favor of another nominee of Vertex.
Upon such notification, ILM II may elect whether to refund a portion of the escrow deposit or agree to
reduce the purchase price by the amount such defect exceeds $250,000.
If BPA chooses not to accept Kaiser's curtailment proposal, which would reduce regional power rates, the company has offered an alternate proposal: Kaiser would agree to
forego 10% of its contracted power for six months in exchange for the same compensation BPA had agreed to pay its other customers.
The parties agree to
issue the attached Joint Statement
com gets the price from the customer and then goes to all factory-authorized dealers within an area specified by the customer, without revealing the buyer's name, phone number or gender, to see if any of them will agree to
sell the car at the customer's price.
But the board and management will leave us with no choice but to pursue this course of action, if they do not agree to
hold the Annual Meeting by June 9 without discriminatory restrictions on the voting rights of 5% holders.
Shareholders of Pursuit holding at least 50 percent of Pursuit's outstanding common shares and shareholders of Aztec holding in the aggregate at least 33 percent of Aztec's common shares have agreed to enter into lock-up agreements whereby they will agree to
vote their shares in favor of the merger at meetings called to approve the transaction.
Under the proposed terms of the new financing, the Company will agree to
pledge a certain of its assets to Rosenthal & Rosenthal.
The holders also have agreed not to dispose of their shares except pursuant to the recapitalization transaction, other than sales to third parties who agree to
be bound by the terms of the agreement.