Certain Terms and Conditions. All charges and commissions incurred by COB in connection with the issuance or administration of the Undertaking (including any drawing in respect of the Undertaking) shall be for account of FSB. This Section 2.12 sets forth in full the terms of the Undertaking, and the Undertaking shall not in any way be amended, modified, amplified or limited by reference to any other Section or provision of this Agreement or any document, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate in this Section 2.12 by reference any document, instrument or agreement. The obligations of COB in respect of the Undertaking are independent of any of the obligations of any other party to this Agreement and of any obligations of COB under any other Section or provision of this Agreement (and accordingly the Undertaking is intended to be both a "credit" and a "letter of credit" within the meaning of Article 5 of the New York Uniform Commercial Code), and the entitlement of the Administrative Agent to draw under the Undertaking is subject only to compliance by the Administrative Agent with the express conditions to drawing set forth in this Section 2.12. The Undertaking may not be assigned or transferred other than to a successor Administrative Agent appointed in accordance with Section 10.08 hereof. 43 -39-
Certain Terms and Conditions. In addition to the terms and conditions contained elsewhere in this Agreement, the following specific terms and conditions shall apply to the provision of Products or Services by the Provider hereunder.
Certain Terms and Conditions. (a) "[*]" shall have the meaning set forth in Exhibit [*], attached hereto and incorporated herein.
Certain Terms and Conditions. The Calculation Agent accepts its obligations set forth herein, upon the terms and subject to the conditions hereof, including the following, to all of which the Corporation agrees:
Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 14:
Certain Terms and Conditions. The Company hereby awards to Participant, and Participant hereby purchases , as of the Date of Award, in consideration of the cancellation of options to purchase Common Stock pursuant to the Offer and that certain Letter of Transmittal from the Participant, the number of shares of Common Stock indicated below (the "Restricted Shares"). Concurrently with the delivery of this Agreement to the Company, Participant shall pay the purchase price of $0.01 per share (the "Purchase Price") for the Restricted Shares in cash or check payable to the Company and shall deliver a duly executed blank Assignment Separate from Certificate (in the form attached hereto as Exhibit I) with respect to the Restricted Shares.
Certain Terms and Conditions. 6 Section 3.03. Failure to Receive Funds from City. 7 Section 3.04. DDC’s Right to Terminate if Funding Recipient Lacks Sufficient Funds. 7 ARTICLE 4 CONDITIONS TO DISBURSEMENT OF THE FUNDING 7 Section 4.01. Conditions Precedent. 7 Section 4.02. Requisition(s) Update Funding Recipient’s Representations. 10 Section 4.03. Release. 10 Section 4.04. Direction of Submissions. 10 Section 4.05. Applying Funding to Cure Defaults. 10
Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 5:
Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 14: (a) (b) in the event that the Investor was afforded an opportuni-ty to join in a Registration Statement under Section 14.2 (pursuant to which sales were consummated), and either declined to join therein or included securities therein, then the Investor may not request to be included in a Registration Statement under Section 14.1 for a period of six (6) months after the Investor received the Notice of Registration with respect to the Registration Statement in which the Investor participated or declined to participate;
Certain Terms and Conditions. Adjustment Upon the occurrence of a change in capitalization as described in Section 3(c) of the Plan, the Committee shall, in its sole and absolute discretion, make adjustments in the number and kind of shares of stock that may be issued under the Award. Withholding Whenever shares of Company Stock are to be delivered pursuant to an Award, the Company shall have the right to require the Grantee to remit to the Company in cash an amount sufficient to satisfy any federal, state and local withholding tax requirements related thereto or the Grantee may satisfy the foregoing requirement by electing to have the Company withhold from delivery shares of Company Stock having a value equal to the minimum amount of tax required to be withheld upon which is hereby authorized by the Committee.
