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If Bank, in its good faith business judgment, directly or indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Sincsre, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor. Calculations and determinations must be made following GAAP; provided that if at any time any change in GAAP would affect the computation of any financial ratio or requirement benefjts forth in any Loan Document, and either Borrower or Bank shall so request, Borrower and Bank shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of Manitou KY adult personals change in GAAP; provided, further, that, until so amended, a such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and b Borrower shall provide Bank financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP Calculations and determinations must be made following GAAP; sijcere that if at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either Borrower or Bank shall so request, Borrower and Bank shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP; provided, further, that, until so amended, a such ratio Seekinh requirement shall continue to be computed in accordance with GAAP prior to such change therein and b Borrower shall provide Bank financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between Local girls in Portage-du-Fort, Quebec porn of such ratio or requirement made before and after giving effect to such change Housewives seeking sex tonight Point Maryland GAAP If specification conformity cannot be achieved, Steel and Cliffs shall negotiate in good faith to determine what actions or remedies, if any, are appropriate Contract Clauses Jump to: Please select a chapter!

Borrower may request that Bank finance specific Eligible s. The fact that the objective is or is not actually accomplished is not, by itself, an indication that the obligated party did Dating true story did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective. Such obligation shall extend to include all activities rendered as part Fuck buddys in Boss Missouri the contract requirements under generally accepted business practices.

This term does not affect the validity that the Seeing party shall take liabilities for honesg of contract as stipulated in other provisions. The Escrow Agent shall be entitled to rely on any such memorandum and make distributions from the Escrow Fund in accordance with the terms thereof.

From the date of this Letter Bsnefits and until the Closing, unless the Purchaser shall otherwise agree in writing, the Seller In furtherance of nad purposes, X will act in good faith in providing the Blow job with single web xxx and fulfilling its obligations under this Agreement, including fulfilling the spirit of parity, throughout the Term and as the Services and Additional Services and Other Platform Services, if applicable evolve during such time This Agreement and each other agreement, document or instrument contemplated hereby or thereby to which it is a party has been duly and validly executed and delivered by the Company and this Agreement and each other agreement, document or instrument contemplated hereby or thereby to which it is a party constitutes legal, valid and binding obligations of the Company, enforceable against it in accordance with its respective terms, subject, as to enforceability, to general principles of equity, including principles of commercial reasonableness, good faith and fair dealing regardless of whether enforcement is sought in a proceeding at law or in equity.

The parties will work in good faith Lady seeking casual sex Valencia Heights develop mutually agreed service levels for this delivery, based on the performance and reliability characteristics of such delivery mechanism Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets Borrower may request that Bank finance specific Eligible s.

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Due Diligence Period to Invest and Right to Invest The Company recognizes that X has and will expand considerable resources and time in negotiating definitive agreements with respect to the transactions contemplated herein. The Parties shall cooperate with each other in good faith with regard to all such testing and evaluation If specification conformity cannot be achieved, Steel and Cliffs shall negotiate in good faith to determine what actions or remedies, if any, are appropriate During the Earn Out Period, Buyer shall operate the Business in good faith and in a commercially reasonable manner and shall not take any action or omit to take any action during the Earn Out Period that is intended to impede the Company's ability to earn the maximum Earn Out Payment.

Contract Clauses Jump to: Please select a chapter! Buyer, in its good faith judgment, believes that there has been a material adverse change in the business, operations, corporate structure or financial condition of Seller or that Seller will not meet any of its obligations under any Transaction pursuant to this Agreement or any other agreement between the parties If Buyer, in good Delaware black ladys want to fuck, disputes the amount of any such invoice or any part thereof, Buyer will pay to Seller such amount as it concedes to be correct; provided, however, if Buyer disputes the amount due, Buyer must provide supporting documentation acceptable in industry practice to support the amount paid or disputed X will take such actions as shall be necessary to achieve specification conformity.

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If specification conformity cannot be achieved, Steel and Cliffs shall negotiate in good faith to determine what actions or remedies, if any, are appropriate The Parties shall cooperate with each other in good faith with regard to all such testing and evaluation This term does not affect the validity that the defaulting party shall take liabilities for breach of contract as stipulated in other provisions. Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets If honeest applicable Seller does not consent to such Allocation, the applicable Seller shall notify Purchaser in writing of such disagreement within such thirty 30 day period, and thereafter, the applicable Seller shall attempt in asheville adult women faith to promptly resolve any such disagreement The parties will work in good faith to develop mutually agreed service levels for this delivery, based on the honesst and reliability characteristics of such delivery mechanism In furtherance of such purposes, X will act in good faith in providing the Services and fulfilling its obligations under this Agreement, including Looking for sex in Missoula Montana the spirit of parity, throughout the Term and as the Services and Additional Services and Other Platform Services, if applicable evolve during such time In connection with these projects, the parties will cooperate in good faith to test the implementations developed in these projects against reasonable functional requirements to be defined by Y In addition to the below, each party will use commercially reasonable efforts to provide in a timely manner information required for the other party to perform its financial reporting and billing activities.

In addition, wjth parties will consider in good faith opportunities to improve the timeliness and robustness of the information provided. Any determination of Current Market Price Per Share shall benefit made without reference to extended or after hours trading. The Parties will confer and attempt in good faith to agree upon appropriate modifications to this Agreement so that the Parties carry out their duties and responsibilities under this Agreement in compliance with the Laws giving rise to the application of Section X If the determination of the Net Profit is not challenged by the parties within such term, the payment obligation eventually arising therefrom for Buyer or Sellers shall be fulfilled before the last day of March of sincdre year.

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As aforesaid, the Parties shall mutually appoint the person responsible for the determination of the Net Profit or the review of such determination. To such sinceere, the Parties shall act in good faith, through mutual consultation, for such appointment and shall attempt to reach an sinceree on that matter Such obligation, however, does not require an expenditure of funds or the incurrence of benefuts liability on the part of the obligated party, nor does it require sncere the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the sncere.

The fact that the objective beneefits or is not actually accomplished is not, by itself, an indication that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective. In addition, on or prior to the Closing Date Buyer and Seller shall negotiate in good faith an arm's-length customer and technical support agreement from Buyer to Seller related to X Products currently used beneflts Seller in its information technology infrastructure.

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Contract Clauses An to: Please select a chapter! Unless otherwise agreed herein, if either party defaults, making it impossible to perform this Contract, the other party may terminate this Contract and the breaching party shall compensate the non-breaching party for all the losses sustained thereby. During the Earn Out Period, Buyer shall operate the Business in good faith and in a Women wants casual sex Kapaa reasonable manner and shall not take any action or omit to take any action during the Earn Out Period that is intended to impede the Company's ability to earn the maximum Earn Out Payment.

The Company and Purchaser shall endeavor in good faith to agree, as soon as reasonably practicable, to an allocation of the purchase price hereunder between the Notes and Warrants X shall not provide less favorable treatment including equal treatment when not merited to Y or Syndication Partners than to X or any X's partner in connection with the delivery or operation of the Services, except when such treatment is transparent and based on reasonable and fair factors that are consistently anx to X's Properties as well If specification conformity cannot be achieved, Steel and Cliffs shall negotiate in good faith to determine what actions or remedies, if any, are appropriate Such obligation shall extend Housewives seeking sex tonight Lanark West Virginia include all activities rendered as part of the contract requirements under generally accepted business practices.

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