Condition to Company Action. The Company will not take any action that consummates or finalizes a Change in Control unless # at least 30 days prior to such action it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph # of this [Section 8.7], accompanied by the certificate described in subparagraph # of this [Section 8.7], and # contemporaneously with such Change in Control, it prepays all Notes required to be prepaid in accordance with this [Section 8.7].
Condition to Company Action. The Company will not take any action that consummates or finalizes a Change in Control unless # at least 30 days prior to such action it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph # of this [Section 8.7], accompanied by the certificate described in subparagraph # of this [Section 8.7], and # contemporaneously with such Change in Control, it prepays all Notes required to be prepaid in accordance with this [Section 8.7].
Condition to Company Action. The Company will not take any action that consummates or finalizes a Change in Control unless # at least 30 days prior to such action it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph # of this [Section 8.7], accompanied by the certificate described in subparagraph # of this [Section 8.7], and # contemporaneously with such Change in Control, it prepays all Notes required to be prepaid in accordance with this [Section 8.7].
Condition to Company Action. The Company will not take any action that consummates or finalizes a Change in Control unless # at least 30 days prior to such action it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph # of this [Section 8.7], accompanied by
Condition to Company Action. The Parent Guarantor will not take any action that consummates or finalizes a Change in Control unless # at least 30 days prior to such action the Issuer shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in [Section 8.7(c)], accompanied by the certificate described in [Section 8.7(g), and (2)])] contemporaneously with such action, the Issuer prepays all Notes required to be prepaid in accordance with this [Section 8.7].
Company Action. Any action required of the Company shall be by resolution of the Board or by a person or entity authorized to act by resolution of the Board.
Indemnification as Condition to Action Except for action expressly required of the Administrative Agent hereunder, the Administrative Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateral) of the indemnification obligations of the Lenders under [Section 1519] hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action
Conditions to Company Action. Neither Whitestone REIT nor the Company will take any action that consummates or finalizes a Change of Control unless at least 20 Business Days prior to such action the Company shall have given to each holder of Notes written notice containing and constituting an offer to prepay such Notes as described in [Section 8.7(c)], accompanied by the certificate described in [Section 8.7(g)], and subject to the provisions of [Section 8.7(d)], contemporaneously with such action, it prepays all Notes required to be prepaid in accordance with this [Section 8.7]; provided, that if Whitestone REIT or the Company have not received knowledge of a Control Event relating to such Change of Control at least 25 Business Days prior to the consummation or finalization of such Change of Control, then the restrictions contained in this [Section 8.7(b)] shall not apply to such Change of Control.
Action by the Company. Unless otherwise expressly provided by the Plan or the Board, whenever an action is required by or permitted to the Company under the Plan and is not expressly required to be taken by the Board, such action shall be taken by the Chief Executive Officer of the Company or his or her delegate.
Financial Condition of Company. Any credit extension by Purchasers to Company pursuant to this Agreement or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Note Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.
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