APL Sub definition
Examples of APL Sub in a sentence
From and after the date hereof until the termination of this Agreement, APL and APL Sub agree to use commercially reasonable efforts to obtain the consent of the Required Lenders and, if necessary, the release of any collateral to be conveyed under this Agreement.
Optionee desires to provide Optionholder (i) an option to invest in APL Sub under certain circumstances in connection with a Growth Capital Project implemented by the Joint Venture Company, and Optionholder desires to obtain such an option, and (ii) a right of first refusal with respect to any Transfer by APL Sub of its Interest in the Joint Venture Company.
Since December 31, 2009, there has not been any action taken by APL Sub that, if taken during the period from the date of this Agreement through the Closing, would constitute a breach of any of the covenants set forth in Section 5.3(b)(i), 5.3(b)(vii) or 5.3(b)(ix).
Atlas and ATN hereby agree to furnish to APL and APL Sub, concurrently with the execution and delivery thereof, copies of any amendments, supplements and restatements of, and any waivers of any of the terms or conditions of, any Specified Agreement.
Neither APL Sub nor, to APL’s knowledge, Laurel Mountain is in default or violation of any term, condition or provision of, the LMM Agreement.
None of Atlas, ATN, APL or APL Sub may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, to be satisfied to excuse performance by such Party of its obligations under this Agreement to consummate the Sale if such failure was caused by such Party’s failure to act in good faith and in compliance with its obligations under the terms of this Agreement.
APL and APL Sub shall have delivered to Atlas a certificate executed on behalf of APL and APL Sub by a duly authorized executive officer, certifying that each of the conditions specified in Sections 6.2(a) and 6.2(b) has been satisfied.
Upon receipt of the ROFR Election Notice by APL Sub, Optionholder and APL Sub shall negotiate in good faith and enter into a definitive agreement with respect to the transaction specified by Optionholder in the ROFR Election Notice and consummate such transaction within 60 days of receipt of the ROFR Notice by Optionholder.
APL and APL Sub shall have performed in all material respects all obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by it prior to the Closing.
APL and APL Sub have delivered a true copy of the LMM Agreement, as in effect as of the date hereof (including all amendments and waivers thereto).