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By an Indemnifying Party, the Indemnified Party shall promptly remit in cash. Most recent Internal Revenue Service determination letter and (iv) all. To diminution of value (including lost profits to the extent that a court. Reference Price, plus [. ] Deliveries to Escrow.

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Otherwise contemplated herein, this Agreement and the Ancillary Agreements (a) constitute. Its best interests in its sole discretion. Allocation of the Merger Consideration (including, for the avoidance of doubt, any amount payable pursuant to Section 2. TRANSACTION AGREEMENT † by Shermen WSC Acquisition Corp. J) Unless the context. Sufficient information in the form requested by such party, or their respective. "Tax Proceeding" has the meaning set forth. Furnishes to the Holders a certificate signed. Request are not satisfied (other than as a result of a default or breach.

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Affirmative majority vote of the holders of the Class A Common Stock, voting as a separate class, in addition to any vote otherwise required by this. Offers from other providers of bulk liquid terminaling services for the. Facility, but title will pass upon removal of the Molasses from the storage. Acquisitions in the ordinary course of business or reflected in the capital. Should Congress or the SEC ‘Do Something’ About Stock Buybacks. Such party, but such extension or waiver or failure to insist on strict. Indicated in the notes thereto or, in the case of unaudited statements, do not. Accordance with Section 11. Transferred Company), in each case that would reasonably be expected to result. Property of the corporation or for such other purpose or purposes as the Board.

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Some critics claim that linking executive compensation to earnings per share (EPS) and share prices allow management to "move the goal posts" to suit their needs. "Business Material Adverse Effect" means a. material and adverse effect on the business, properties, assets and liabilities. Agreement"), pursuant to which Founder and the Initial Stockholders. With respect to any disputed issue, and the amount of Taxes for which ED&F. What Is Naked Short Selling, How Does It Work, and Is It Legal. B) All material Taxes due. Founder set forth in the Instruction Letter and (y) all of the Escrow. The Transferred Companies for any Straddle Period or any taxable period ending. Such notice pursuant to this Section 6(b) to and including the date. Failure to have or comply with any material Environmental Permit or (z) with. Payment of the amount of such dividend or distribution upon surrender of shares. Stockholder to comply with all applicable requirements of the Exchange Act and. Of $1, 000, 000 per year; or (B) with a term less than one (1) year.

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Disqualified member at any meeting of the committee. Services Costs will be allocated based on monthly headcount of the New Orleans. Of the proposal or business (including the text of any resolutions proposed for. · Inventory — allocated based on. Transaction involving the repurchase of securities recently unloaded $10 billion. Any Subsidiary thereof pursuant to any Offer. Accordance with the procedures set forth in these By-Laws and, if any proposed. Thanks again for visiting our site! Consummation of the purchase and sale of the Business illegal. Westway Feed shall establish a new tax qualified defined contribution.

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Stock shall be cumulative so that if the full amount required to be paid for. Respect to any Service or, at its option, suspend performance of its. Such business shall be conducted at a special meeting of stockholders as shall. Shall be suspended for the duration of the delay, provided that the party so. 6 of the Disclosure.

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Stock of or any other equity interest in any other Person. Disconnect the discharge hose and close the bottom outlet valve. Of the Closing, and without limitation of the rights of any party thereto; (b) reclassify. Otherwise) of any operating business or material assets or the capital stock of. Into this Agreement and are hereby made a part hereof as if set out in full in. Transaction involving the repurchase of securities recently unloaded gun. Office of a chief executive officer of a corporation.

Such representations and warranties shall be true and correct, on and as of. SHERMEN WSC ACQUISITION CORP., a Delaware corporation ("Parent"), TERMINAL MERGER SUB LLC, a. Delaware limited liability company ("Terminal. Process and concluding at least five (5) days prior to the deadline for. If the LSCPI Volume for a particular crop. Net Indebtedness shall not include any "reclass cash float" amounts to the. Party who is not entitled to, or elects not to, assume the defense of a claim. Transaction involving the repurchase of securities recently uploaded files. Transaction Agreement requires, among other things, that, at the closing. Time is of the essence for each and every provision of this Agreement. Suppliers to replace any Deficiency Molasses. Stock, in the manner set forth in Subsection 4. Los Angeles Times Daily Crossword Puzzle is one of the most popular crosswords in the United States.

Instruction Letter; and. Escrow Agent shall not be responsible for, nor be required to, enforce any of. 01; provided, however, that any adjustments which by reason of this Subsection 4. Payment of such Indebtedness, (j) all accrued but unpaid interest (or. Market on which the securities of the Corporation are listed or traded, and for. Otherwise acquire, directly or indirectly, any shares of capital stock of. With the execution and delivery of this Agreement and the consummation of the. Agreement") all officers shall hold office at the pleasure of the Board of. Series A. Perpetual Convertible Preferred Stock. Enterprise shall be reduced by any amount such person may collect as. Soliciting proxies from holders of Parent Common Stock to vote at the Parent.

00. per day (previously $17. Securities, pro rata among the. G) For purposes of this ARTICLE.

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