Under the terms of the purchase agreement
, Aspire has made an initial purchase of USD 1m of Remark's common stock at USD 4.
The buyer can then specifically address the issue in the purchase agreement
, or not, depending on the dynamics of the deal.
Bondholders take direct performance risk of both the swap counterparty and the forward purchase agreement
The facts are distinguishable from the instant case, however, because X was successful in obtaining a new purchase agreement
just two weeks after the cancellation of escrow on the 1996 purchase agreement
The closing date of the Purchase Agreement
is anticipated to occur on or around December 31, 2006.
This Press Release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding Southwest's ability to finance and consummate the transactions contemplated in the Asset Purchase Agreement
, Pinnacle's ability to finance and consummate its acquisition of CCRI stock, and the anticipated benefits to Southwest from the acquisition and operation of the casinos.
It should also be noted that payment default of principal and interest on the bonds would not result in a termination of the purchase agreement
Louis, Missouri gaming operations, had filed a plan of reorganization designed to implement the terms of a purchase agreement
pursuant to which Pinnacle would purchase the stock of PRC-MO for approximately $31.
The long-term rating reflects bondholder reliance on timely principal and interest payment from the commodity swap provider (Calyon) to FGU (which are supported by payments from UBS to Calyon paid on the same day), UBS' ability to meet its obligation to make a final termination payment in the event a termination of the project occurs for any reason, and reserve funds sufficient to pay bondholders between any potential timing delay between a termination of the Purchase Agreement
and redemption of bondholders.
Under the terms of the asset purchase agreement
King will make a $265 million payment to Ligand to acquire all rights to AVINZA in the United States, its territories and Canada.
Support for this rationale is provided through the Purchase Agreement
, which unconditionally obligates UBS to pay a final termination payment to the trustee sufficient to fully redeem the bonds in the event of a termination of the purchase agreement
Carlino, Chief Executive Officer of Penn National commented, "The amended purchase agreement
finalizes the Pocono Downs sale and eliminates potential disputes related to the transaction.