Survival of Certain Provisions Contract Clauses (243)
Grouped Into 19 Collections of Similar Clauses From Business Contracts
This page contains Survival of Certain Provisions clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Survival of Certain Provisions. The agreements contained in Section 11 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however that the Company's obligations under Section 7 to reimburse the Dealer-Manager ...for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes; provided further, however, that in the event of any failure to commence or consummate the Rights Offering, the agreements contained in Section 6 shall terminate and be of no further force or effect.View More
Survival of Certain Provisions. The agreements contained in Section Sections 11 and 12(b) hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however that the Company's obligations under Section 7 to reimburse ...the Dealer-Manager for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes; provided further, however, that than in the event of any failure to commence or consummate the Rights Offering, the agreements contained in Section 6 shall terminate and be of no further force or effect. View More
Survival of Certain Provisions. The agreements contained in Section 11 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however that the Company's obligations under Section 7 to reimburse the Dealer-Manager ...for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes; provided further, however, that than in the event of any failure to commence or consummate the Rights Offering, the agreements contained in Section 6 shall terminate and be of no further force or effect. View More
Survival of Certain Provisions. The agreements contained in Section Sections 3, 6, 7, 11 and 13 through 21 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 Section 5 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however provided, that the Company's obli...gations under Section 7 to reimburse the Dealer-Manager Dealer Manager for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes; provided further, however, that in the event of any failure to commence or consummate the Rights Offering, the agreements contained in Section 6 shall terminate and be of no further force or effect. closes. View More
Survival of Certain Provisions. The agreements contained in Section 7 of this Agreement and the representations, warranties and agreements of the Company contained in Sections 1 and 4 of this Agreement will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party.
Survival of Certain Provisions. The agreements contained in Section 7 of this Agreement hereof and the representations, warranties and agreements of the Company contained in Sections 1 and 4 of this Agreement hereof will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party.
Survival of Certain Provisions. The agreements contained in Section 7 of this Agreement hereof and the representations, warranties and agreements of the Company contained in Sections 1 1, 2 and 4 of this Agreement hereof will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party.
Survival of Certain Provisions. The agreements contained in Section 7 of this Agreement and the representations, warranties and agreements of the Company and the Guarantors contained in Sections 1 and 4 of this Agreement will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party.
Survival of Certain Provisions. Unless expressly provided otherwise, the rights and obligations set forth in this Agreement shall survive any termination or expiration of this Agreement. 12 20. Entire Agreement; Supersedes Previous Agreements. This Agreement contains the entire agreement and understanding of the parties hereto with respect to the matters covered herein, and supersedes all prior or contemporaneous negotiations, commitments, agreements and writings with respect to the subject matter hereof, all such other negoti...ations, commitments, agreements and writings shall have no further force or effect, and the parties to any such other negotiation, commitment, agreement or writing shall have no further rights or obligations thereunder.View More
Survival of Certain Provisions. Unless expressly provided otherwise, the The rights and obligations set forth in this Agreement that, by their terms, extend beyond the Term shall survive any termination or expiration of this Agreement. 12 the Term. 16 20. Entire Agreement; Supersedes Previous Agreements. Agreement. This Agreement contains and its exhibits contain the entire agreement and understanding of the parties hereto Parties with respect to the matters covered herein, and supersedes supersede all prior or contemporaneous... negotiations, commitments, representations, warranties, agreements and writings with respect to the subject matter hereof, all such other negotiations, commitments, agreements and writings shall have no further force or effect, and the parties Parties to any such other negotiation, commitment, agreement or writing shall have no further rights or obligations thereunder. View More
Survival of Certain Provisions. Unless expressly provided otherwise, the The rights and obligations set forth in this Agreement that, by their terms, extend beyond the Term of this Agreement or the termination of Employee's employment with the Company shall survive any termination such Term or expiration of this Agreement. 12 20. Entire termination. 13 15.Entire Agreement; Supersedes Previous Agreements. This Agreement contains the entire agreement and understanding of the parties hereto Parties with respect to the matters cov...ered herein, herein and supersedes supersede all prior or contemporaneous negotiations, commitments, agreements and writings with respect to the subject matter hereof, hereof; all such other negotiations, commitments, agreements and writings shall have no further force or effect, and the parties to any such other negotiation, commitment, agreement or writing shall have no further rights or obligations thereunder. View More
Survival of Certain Provisions. The agreements contained in Section 7 hereof and the representations, warranties and agreements of the Company contained in Sections 1, 2 and 4 hereof will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party. 30 11. Notices. Except as otherwise provided in this Agreement, (a) whenever notice is required by the pro...visions of this Agreement to be given to the Company such notice will be in writing by mail, telex or facsimile transmission addressed to the Company at 7700 Forsyth Boulevard, St. Louis, Missouri 63105, facsimile number (314) 725-5180, Attention: Christopher A. Koster, with a copy (which shall not constitute notice) to Skadden, Arps, Slate, Meagher & Flom LLP at One Manhattan West, New York, New York 10001, facsimile number (212) 735-2000/1, Attention: Laura Kaufmann Belkhayat and (b) whenever notice is required by the provisions of this Agreement to be given to the several Underwriters, such notice will be in writing by mail, electronic or facsimile transmission addressed to J.P. Morgan Securities LLC, 383 Madison Avenue, New York, New York 10179, Attention: Andreas Pierroutsakos, Facsimile: (212) 270-1063; provided, however, that any notice to an Underwriter pursuant to Section 7(c) hereof shall be delivered or sent by mail, electronic or facsimile transmission to such Underwriter at its address set forth in its acceptance telex to the Representative, which address will be supplied to any party hereto by the Representative upon request. Any such statements, request, notices or agreements shall take effect at the time of receipt thereof. The Company shall be entitled to act and rely upon any request, consent, notice or agreement given or made on behalf of the Underwriters by the Representative.View More
Survival of Certain Provisions. The agreements contained in Section 7 hereof and the representations, warranties and agreements of the Company contained in Sections 1, 2 and 4 hereof will survive the delivery of the Notes to the Underwriters hereunder and will remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party. 30 31 11. Notices. Except as otherwise provided in this Agreement, (a) whenever notice is required by the ...provisions of this Agreement to be given to the Company such notice will be in writing by mail, telex or facsimile transmission addressed to the Company at 7700 Forsyth Boulevard, St. Louis, Missouri 63105, facsimile number (314) 725-5180, Attention: Christopher A. Koster, with a copy (which shall not constitute notice) to Skadden, Arps, Slate, Meagher & Flom LLP at One Manhattan West, New York, New York 10001, facsimile number (212) 735-2000/1, Attention: Laura Kaufmann Belkhayat and (b) whenever notice is required by the provisions of this Agreement to be given to the several Underwriters, such notice will be in writing by mail, electronic or facsimile transmission addressed to BofA Securities, Inc., One Bryant Park, New York, New York 10036, Attention: High Yield Legal Department, Facsimile: 212-901-7897, to Barclays Capital Inc. at 745 Seventh Avenue, New York, New York 10019, Facsimile: 646-834-8133, Attention: Syndicate Registration, to J.P. Morgan Securities LLC, LLC at 383 Madison Avenue, New York, New York 10179, Facsimile: 212-270-1063, Attention: Andreas Pierroutsakos, Facsimile: (212) 270-1063; to Truist Securities, Inc. at Adam.J.Humphreys@suntrust.com and to Wells Fargo Securities, LLC at 550 S. Tryon Street, 5th Floor, Charlotte, North Carolina 28202, Attention: Leveraged Syndicate; provided, however, that any notice to an Underwriter pursuant to Section 7(c) hereof shall be delivered or sent by mail, electronic or facsimile transmission to such Underwriter at its address set forth in its acceptance telex to the Representative, Representatives, which address will be supplied to any party hereto by the Representative Representatives upon request. Any such statements, request, notices or agreements shall take effect at the time of receipt thereof. The Company shall be entitled to act and rely upon any request, consent, notice or agreement given or made on behalf of the Underwriters by the Representative. Representatives. View More
Survival of Certain Provisions. The agreements contained in Sections 3, 6, 7 and 13 through 21 hereof and the representations, warranties and agreements of the Company contained in Section 5 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided, that the Company's obligations under Section 7 to reimburse the Dealer-M...anager for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Offering actually closes. 20 14. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered personally, (b) sent by facsimile with immediate telephonic confirmation or (c) sent by registered or certified mail, return receipt requested, postage prepaid, to the parties hereto as follows: If to the Dealer-Manager: RHK Capital, LLC doing business as RHK Noble 88 Post Road West Westport, CT 06880 Attention: Mr. Richard H. Kreger, Senior Managing Director Email: rkreger@rhknoble.com With a copy to: Olshan Frome Wolosky LLP 1325 Avenue of the Americas, 15th Floor New York, NY 10019 Attention: Spencer G. Feldman, Esq. Email: sfeldman@olshanlaw.com Facsimile: (212) 451-2222 If to the Company: Creatd, Inc. 419 Lafayette Street, 6th Floor New York, New York 10003 Attention: Ms. Laurie Weisberg, Chief Executive Officer Email: lweisberg@creatd.com Facsimile: (___) ___-____ With a copy to: Lucosky Brookman LLP 101 Wood Avenue South, 5th Floor Iselin, New Jersey 08830 Attention: Joseph M. Lucosky, Esq. Email: jlucosky@lucbro.com Facsimile: (732) 395-4401 15. Parties. This Agreement shall inure to the benefit of and be binding upon the Dealer-Manager, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those Persons, except that the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the Person or Persons, if any, who control the Dealer-Manager within the meaning of Section 15 of the Act. Nothing in this Agreement shall be construed to give any Person, other than the Persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. 21 16. Amendment. This Agreement may not be amended or modified except in writing signed by each of the parties hereto.View More
Survival of Certain Provisions. The agreements contained in Sections 3, 6, 7 7, 11 and 13 through 21 hereof and the representations, warranties and agreements of the Company contained in Section 5 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided, that the Company's obligations under Section 7 to reimburse the De...aler-Manager Dealer Manager for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes. 20 25 14. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered personally, (b) sent by facsimile with immediate telephonic confirmation or (c) sent by registered or certified mail, return receipt requested, postage prepaid, to the parties hereto as follows: follows If to the Dealer-Manager: RHK Capital, LLC Advisory Group Equity Services, Ltd. doing business as RHK Noble Capital 88 Post Road West West, 3rd floor Westport, CT Connecticut 06880 Attention: Mr. Richard H. Kreger, Senior Managing Director Email: rkreger@rhknoble.com rkreger@rhk.capital With a copy to: Mandelbaum Salsburg PC 1270 Avenue of the Americas, Suite 1808 New York, NY 10020 Attention: J. Russell Bulkeley, Esq. Email: rbulkeley@lawfirm.ms Facsimile: (917) 383-1228 If to the Company: Cemtrex Inc. 19 Engineers Lane Farmingdale, NY 11735 Attention: Mr. Saagar Govil, Chief Executive Officer With a copy to: Olshan Frome Wolosky LLP 1325 Avenue of the Americas, 15th Floor Americas New York, NY 10019 Attention: Spencer G. Feldman, Esq. Email: sfeldman@olshanlaw.com Facsimile: (212) 451-2222 If to the Company: Creatd, Inc. 419 Lafayette Street, 6th Floor New York, New York 10003 Attention: Ms. Laurie Weisberg, Chief Executive Officer Email: lweisberg@creatd.com Facsimile: (___) ___-____ With a copy to: Lucosky Brookman LLP 101 Wood Avenue South, 5th Floor Iselin, New Jersey 08830 Attention: Joseph M. Lucosky, Esq. Email: jlucosky@lucbro.com Facsimile: (732) 395-4401 15. Parties. This Agreement shall inure to the benefit of and be binding upon the Dealer-Manager, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those Persons, except that the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the Person or Persons, if any, who control the Dealer-Manager within the meaning of Section 15 of the Act. Nothing in this Agreement shall be construed to give any Person, other than the Persons referred to in this Section 15, Section, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. 21 26 16. Amendment. This Agreement may not be amended or modified except in writing signed by each of the parties hereto. View More
Survival of Certain Provisions. The agreements contained in Sections 3, 6, 7 7, 11 and 13 through 21 hereof and the representations, warranties and agreements of the Company contained in Section 5 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided, that the Company's obligations under Section 7 to reimburse the De...aler-Manager Dealer Manager for accountable expenses are subject to FINRA Rule 5110 (f)(2)(D) in that such expenses are only reimbursable to the extent actually incurred and only if the Rights Offering actually closes. 20 24 14. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered personally, (b) sent by facsimile with immediate telephonic confirmation or (c) sent by registered or certified mail, return receipt requested, postage prepaid, to the parties hereto as follows: follows If to the Dealer-Manager: RHK Capital, LLC Advisory Group Equity Services, Ltd. doing business as RHK Noble 88 Post Road West Westport, CT 06880 Capital 444 Washington Street, Suite 407 Woburn, Massachusetts 01801 Attention: Mr. Richard H. Kreger, Senior Managing Director Email: rkreger@rhknoble.com Kreger With a copy to: Olshan Frome Wolosky LLP 1325 Avenue of the Americas, 15th Floor Americas New York, NY 10019 Attention: Spencer G. Feldman, Esq. Email: sfeldman@olshanlaw.com Facsimile: (212) 451-2222 If to the Company: Creatd, Inc. 419 Lafayette Street, 6th Floor ITUS Corporation 12100 Wilshire Boulevard, Suite 1275 Los Angeles, CA 90025 Attention: Mr. Robert A. Berman, President and Chief Executive Officer With a copy to: Ellenoff Grossman & Schole LLP 1345 Avenue of the Americas New York, New York 10003 10105 Attention: Ms. Laurie Weisberg, Chief Executive Officer Email: lweisberg@creatd.com Facsimile: (___) ___-____ With a copy to: Lucosky Brookman LLP 101 Wood Avenue South, 5th Floor Iselin, New Jersey 08830 Attention: Joseph M. Lucosky, Barry I. Grossman, Esq. Email: jlucosky@lucbro.com bigrossman@egsllp.com Facsimile: (732) 395-4401 (212) 370-7889 15. Parties. This Agreement shall inure to the benefit of and be binding upon the Dealer-Manager, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those Persons, except that the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the Person or Persons, if any, who control the Dealer-Manager within the meaning of Section 15 of the Act. Nothing in this Agreement shall be construed to give any Person, other than the Persons referred to in this Section 15, Section, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. 21 25 16. Amendment. This Agreement may not be amended or modified except in writing signed by each of the parties hereto. View More
Survival of Certain Provisions. The agreements contained in Section 11 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however than in the event of any failure to commence or consummate the Rights Offering,... the agreements contained in Section 6 shall terminate and be of no further force or effect. -33- 14. Notices. All notices or other communications hereunder shall be in writing, and (a) if sent to the Dealer-Manager, shall be mailed, delivered, or faxed and confirmed in writing, to Maxim Group LLC, 405 Lexington, New York, New York 10174, Fax Number: (212) 895-3783, Attention: Clifford A. Teller, Executive Managing Director — Investment Banking, in each case, with a copy to Lowenstein Sandler LLP, 1251 Avenue of the Americas, New York, New York, 10020 Fax Number: (973) 597-2477, Attention: Steven M. Skolnick, Esq. ; and (b) if sent to the Company shall be mailed, delivered, or faxed and confirmed in writing to the Company and its counsel at the address set forth in the Registration Statement, with a copy to Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, 211 Commerce St., Suite 800, Nashville, TN 37201, Fax Number: (615-744-5768), Attention: Lori B. Metrock, Esq. Any such notices and other communications shall take effect at the time of receipt thereof.View More
Survival of Certain Provisions. The agreements contained in Section Sections 11 and 12(b) hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however than in the event of any failure to commence or consummate t...he Rights Offering, the agreements contained in Section 6 shall terminate and be of no further force or effect. -33- 34 14. Notices. All notices or other communications hereunder shall be in writing, and (a) if sent to the Dealer-Manager, shall be mailed, delivered, or faxed and confirmed in writing, to Maxim Group LLC, 405 Lexington, New York, New York 10174, Fax Number: (212) 895-3783, Attention: Clifford A. Teller, Executive Managing Director — Investment Banking, in each case, with a copy to Lowenstein Sandler Ellenoff Grossman & Schole LLP, 1251 1345 Avenue of the Americas, 11th Floor, New York, New York, 10020 10105 Fax Number: (973) 597-2477, (212) 370-7889, Attention: Steven M. Skolnick, Sarah Williams, Esq. ; and (b) if sent to the Company shall be mailed, delivered, or faxed and confirmed in writing to the Company and its counsel at the address set forth in the Registration Statement, with a copy to Baker, Donelson, Bearman, Caldwell Sheppard Mullin Richter & Berkowitz, PC, 211 Commerce St., Suite 800, Nashville, TN 37201, Hampton LLP, 30 Rockefeller Plaza, New York, NY 10112-0015, Fax Number: (615-744-5768), (917) 438-6133, Attention: Lori B. Metrock, Jeffrey Fessler, Esq. Any such notices and other communications shall take effect at the time of receipt thereof. View More
Survival of Certain Provisions. The agreements contained in Section 11 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however than in the event of any failure to commence or consummate the Rights Offering,... the agreements contained in Section 6 shall terminate and be of no further force or effect. -33- 23 14. Notices. All notices or other communications hereunder shall be in writing, and (a) if sent to the Dealer-Manager, shall be mailed, delivered, or faxed and confirmed in writing, to Maxim Group LLC, 405 Lexington, New York, New York 10174, Fax Number: (212) 895-3783, Attention: Clifford A. Teller, Executive Managing Director — Investment Banking, in each case, with a copy to Lowenstein Sandler Loeb & Loeb LLP, 1251 Avenue of the Americas, 345 Park Avenue, New York, New York, 10020 10154 Fax Number: (973) 597-2477, (212) 407-4990, Attention: Steven M. Skolnick, Esq. ; Mitchell S. Nussbaum; and (b) if sent to the Company shall be mailed, delivered, or faxed and confirmed in writing to the Company and its counsel at the address set forth in the Registration Statement, with a copy to Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, 211 Commerce St., Suite 800, Nashville, TN 37201, Fax Number: (615-744-5768), Attention: Lori B. Metrock, Esq. Statement. Any such notices and other communications shall take effect at the time of receipt thereof. View More
Survival of Certain Provisions. The agreements contained in Section 11 hereof and the representations, warranties and agreements of the Company contained in Sections 5, 6 and 7 hereof shall survive the consummation of or failure to commence the Rights Offering and shall remain in full force and effect, regardless of any termination or cancellation of this Agreement or any investigation made by or on behalf of any indemnified party; provided however than in the event of any failure to commence or consummate the Rights Offering,... the agreements contained in Section 6 shall terminate and be of no further force or effect. -33- 27 14. Notices. All notices or other communications hereunder shall be in writing, and (a) if sent to the Dealer-Manager, shall be mailed, delivered, or faxed and confirmed in writing, to Maxim Group LLC, 405 Lexington, New York, New York 10174, Fax Number: (212) 895-3783, Attention: Clifford A. Teller, Executive Managing Director — Investment Banking, in each case, with a copy to Lowenstein Sandler Ellenoff Grossman & Schole LLP, 1251 1345 Avenue of the Americas, 11th Floor, New York, New York, 10020 10105 Fax Number: (973) 597-2477, (212) 370-7889, Attention: Steven M. Skolnick, Sarah Williams, Esq. ; and (b) if sent to the Company shall be mailed, delivered, or faxed and confirmed in writing to the Company and its counsel at the address set forth in the Registration Statement, with a copy to Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, 211 Commerce St., Suite 800, Nashville, TN 37201, Libertas Law Group, Inc., 225 Santa Monica Boulevard, 5th Floor, Santa Monica, CA 90401, Fax Number: (615-744-5768), (310) 356-1922, Attention: Lori B. Metrock, Esq. Ruba Qashu. Any such notices and other communications shall take effect at the time of receipt thereof. View More
Survival of Certain Provisions. The respective representations, warranties, indemnities and other statements of the Company or its officers and of you set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of you or the Company or any of the persons referred to in Section 7 hereof, and will survive delivery of and payment for the Notes. The provisions of Sections 4(g) and 7 hereof shall survive the termination or cancellation of this Agreement.... The provisions of this Agreement applicable to any purchase of a Note for which an agreement to purchase exists prior to the termination hereof shall survive any termination of this Agreement. If at the time of termination of this Agreement any Purchaser shall own any Notes with the intention of selling them, the provisions of Section 4 shall remain in effect until such Notes are sold by the Purchaser.View More
Survival of Certain Provisions. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of you set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of you or the Company or any of the directors, officers, employees or controlling persons referred to in Section 7 8 hereof, and will survive delivery of and payment for the Notes. The provisions of Sections 4(g) 4(i) and 7 8 here...of shall survive the termination or cancellation of this Agreement. The provisions of this Agreement (including without limitation Section 7 hereof) applicable to any purchase of a Note for which an agreement to purchase exists prior to the termination hereof shall survive any termination of this Agreement. If at the time of termination of this Agreement any Agent or Purchaser shall own any Notes purchased pursuant to a Terms Agreement with the intention of selling them, the provisions of Section 4 shall remain in effect until such Notes are sold by the Purchaser. resold. View More
Survival of Certain Provisions. Wherever appropriate to the intention of the Parties hereto, the respective rights and obligations of said Parties, including, but not limited to, the rights and obligations set forth in Sections 6 through 16 hereof, shall survive any termination or expiration of this Agreement for any reason. 14 19. Waiver of Breach. No waiver by either pay hereto of a breach of any provision of this Agreement by the other party, or of compliance with any condition or provision of this Agreement to be performed... by such other party, will operate or be construed as a waiver of any subsequent breach by such other party or any similar or dissimilar provision or condition at the same or any subsequent time. The failure of either party hereto to take any action by reason of any breach will not deprive such party of the right to take action at any time while such breach continues.View More
Survival of Certain Provisions. Wherever appropriate to the intention of the Parties hereto, Parties, the respective rights and obligations of said Parties, including, but not limited to, the rights and obligations set forth in Sections 6 through 16 hereof, Parties hereunder shall survive any termination or expiration of this Agreement for any reason. 14 19. Agreement. 20 34. Waiver of Breach. No waiver by of either pay Party hereto of a breach of any provision of this Agreement by the any other party, Party, or of compliance ...with any condition or provision of this Agreement to be performed by such other party, Party, will operate or be construed as a waiver of any subsequent breach by such other party Party or any similar or dissimilar provision or condition at the same or any subsequent time. The failure of either party Party hereto to take any action by reason of any breach will not deprive such party Party of the right to take action at any time while such breach continues. View More
Survival of Certain Provisions. Notwithstanding any other provision of this Agreement to the contrary, the provisions of Sections 10 through 20 hereof shall survive the termination or expiration of the Consulting Period or this Agreement.
Survival of Certain Provisions. Notwithstanding any other provision of this Agreement to the contrary, the provisions of Sections 10 through 20 hereof 21 shall survive the termination or expiration of the Consulting Period or this Agreement.
