Examples of Alternative Security in a sentence
If a guaranty is at any time provided in connection with this Lease and Landlord determines that the creditworthiness, economic strength or financial status of the guarantor is unacceptable to Landlord (including, but not limited to, a bankruptcy proceeding, a breach of the guaranty, death of an individual guarantor, or dissolution), then Landlord may, upon demand, require Tenant to deliver the Alternative Security.
In particular, but without limitation, issues may exist in connection with the Campofrio Security Document in Spain, the Additional Security Documents and the Intercompany Loan Security Documents in Romania and Poland as well as the Campofrio Replacement Security Documents and the Alternative Security Documents (if any) in the relevant jurisdictions.
If, pursuant to this Section 7, any LTPU becomes based on a security which is not Common Stock or a Hybrid Security (such other security an “Alternative Security”), then such Alternative Security will be treated analogously to an Underlying Security and the terms and conditions of this Plan and any Award Letter shall apply, mutatis mutandis, to the Alternative Security.
Promptly following issuance of the Alternative Security, (i) a Pending Claims Amount (if required as set forth in Section 5(c)) shall be established, held and distributed in the manner described in Section 5(c), and (ii) any remaining Indemnification Account Balance shall be distributed, also in the manner described in Section 5(c).
Such election shall be made by making the appropriate indication on his, her or its Conversion Election Notice or by promptly (and, in any event, within three (3) Business Days following delivery or receipt, as applicable, of an Automatic Conversion Notice), delivering to Holdings an Alternative Security Election Notice in the form attached hereto as Exhibit H (an “Alternative Security Election Notice”).
Said agreement shall be set forth in an amendment to this Agreement or described in the documentation that establishes the Alternative Security.
After establishment of the Alternative Security, RCC Indemnification Claims shall be funded by the Alternative Security, and shall be subject to the claim procedures set forth in Section 5(b), which shall be tailored as necessary to the type of Alternative Security in accordance with the written agreement of RCC and the Selling Stockholder Representative.