If such Seller is an individual, such Seller has the legal capacity to execute and deliver the Transaction Documents to which he or she is or will be a party and to perform his or her obligations thereunder and to consummate the Transaction.

Legal Capacity. The Preferred Stockholder has full legal capacity to enter into and perform its obligations set forth in this Agreement. This Agreement when executed and delivered will constitute the valid and legally binding obligation of the Preferred Stockholder, enforceable in accordance with its terms. If the Preferred Stockholder is an entity or a trust, all requisite entity or trust consents and approvals to enter into and consummate the transactions contemplated hereby have been obtained.

Capacity Reservation. The parties will agree in the Product Agreement on Patheon’s capacity reservation and Client’s volume commitment (the “Capacity Reservation”).

Subject to paragraph c. above and Lessee’s compliance with its funding commitment set forth in Section 2.c. below, Manager Parent shall cause Manager to have in place prior to the Commencement Date, all furniture, fixtures and equipment, including information technology systems and services, operating licenses and other assets and authorizations as shall be reasonably necessary to conduct the business of Manager (the "Required Assets). The Parties shall develop and agree upon a list of those systems, services and capabilities that shall constitute the Required Assets and append such list to this Agreement as Exhibit C.

Capacity Purchase. Subject to the terms and conditions of this Agreement and the Related Agreements, American shall purchase during the Term hereof all of the capacity of the Covered Aircraft and Contractor shall provide all of the capacity of each Covered Aircraft. Contractor shall use the Covered Aircraft, solely for, or as directed by, American in connection with Regional Airline Services and any other flights operated by Contractor or any of its Affiliates at the request of American pursuant to the terms of this Agreement and, without limiting the foregoing, in accordance with the following:

Production Capacity. Supplier shall maintain sufficient production capacity as to be able to supply Products in accordance with any reasonable S&W forecasts and the Lead Times. Supplier shall notify S&W as soon as is reasonably possible of any inability by Supplier to produce and deliver Products in such quantities as are necessary to meet S&W’s anticipated volume requirements.

Financial Capacity. The Casino Operator has and shall have the requisite authority and ability (financial or otherwise) to perform, as and when timely performance is required, all of its obligations under this Casino Operating Contract, the Casino Act and the Rules and Regulations, as such authority and ability is contemplated by the provisions of Section 9.5 - “Financial Stability.”

Usage of common facility within the approved parameters including usage of water, electricity, discharge of sewage

Commercial Capacity. Customer acknowledges that as of the Effective Date, the maximum annual production capacity for the Product available to Customer is ​ (“Maximum Annual Production Capacity”), available on a non-dedicated basis reserved only by issuance of a purchase order for the initial six (6) months, a firm purchase order for the seventh (7th) month, and seventeen (17) months non-binding forecast (the “MPP”), (the “Production Capacity”). Additional terms and conditions for expanded commercial scale capacity are set forth Exhibit B attached hereto and incorporated herein by reference.

Dual Capacity . Individuals, firms, corporations or partnerships identified herein or delegated or allocated authority or responsibility hereunder may serve in more than one fiduciary capacity.