Time of execution definition

Time of execution means the point at which the counterparties to a secu- rity-based swap become irrevocably bound under applicable law.
Sample 1Sample 2Sample 3
Time of execution means 4:35 p.m. (New York City time) on June 14, 2021, which is the time of the first sale of the Securities by the Initial Purchasers. The Securities are to be offered and sold to, and are expected to be sold by, the Initial Purchasers without being registered with the Securities and Exchange Commission (the “Commission”) under the Securities Act, in reliance upon exemptions therefrom. The terms of the Securities and the Indenture will require that investors that acquire the Securities shall be deemed to have agreed that the Securities may only be resold or otherwise transferred, after the date hereof, if such Securities are registered for sale under the Securities Act or if an exemption from the registration requirements of the Securities Act is available (including the exemptions afforded by Rule 144A under the Securities Act (“Rule 144A”) or Regulation S under the Securities Act (“Regulation S”)). The Issuers have prepared and delivered to each Initial Purchaser copies of a Preliminary Offering Memorandum, dated June 14, 2021 (the “Preliminary Offering Memorandum”), and have prepared and delivered to each Initial Purchaser copies of a Pricing Supplement, dated June 14, 2021 (in the form attached hereto as Exhibit A, the “Pricing Supplement”), describing the terms of the Securities, each for use by each Initial Purchaser in connection with its solicitation of offers to purchase the Securities. The Preliminary Offering Memorandum and the Pricing Supplement (taken together) are herein referred to as the “Pricing Disclosure Package.” Promptly after the Time of Execution, the Issuers will prepare and deliver to each Initial Purchaser a Final Offering Memorandum dated the date hereof (the “Final Offering Memorandum”).
Sample 1
Time of execution means 3:48 p.m. (New York City time) on December 11, 2006, which is the time of the first sale of the Notes by the Initial Purchaser to the public. The Securities are to be offered and sold to or through the Initial Purchaser without being registered with the Commission under the Securities Act, in reliance upon exemptions therefrom. The terms of the Securities and the Indenture will require that investors that acquire Securities expressly agree that Securities may only be resold or otherwise transferred, after the date hereof, if such Securities are registered for sale under the Securities Act or if an exemption from the registration requirements of the Securities Act is available (including the exemptions afforded by Rule 144A (“Rule 144A”) or Regulation S (“Regulation S”) thereunder). Pursuant to the Notes Security Documents (as defined in the Indenture) to be entered into between the Company, the Guarantors and the Trustee, the obligations of the Company under the Securities and of each Guarantor under its Guarantee will be secured by Second Priority Liens (as defined in the Indenture) over substantially all assets of the Company and the Guarantors over which any First Priority Lien (as defined in the Indenture) exists, subject to certain exceptions (all assets subject to the Second Priority Liens, hereinafter collectively referred to as the “Collateral”). The Second Priority Liens will be junior to the First Priority Liens and to any other liens having priority or otherwise ranking senior to the Second Priority Liens. The Collateral has been pledged to PNC Bank, National Association, as agent (the “Collateral Agent”), for the benefit of the lenders under the Revolving Credit, Term Loan and Security Agreement, dated as of June 12, 2006, between the Agent, the Company and certain of its subsidiaries as borrowers, as amended by Joinder and Amendment No. 1, dated as of September 8, 2006 (the “PNC Credit Facility”), as holders of the First Priority Liens, and will be granted to the Trustee for the benefit of the holders of the Securities as holders of the Second Priority Liens. The Trustee will enter into an intercreditor agreement (the “Intercreditor Agreement”) with the Agent with respect to the Collateral, which will govern the relative ranking of the Second Priority Liens and the First Priority Liens. As used herein, the term “Operative Documents” refers to this Agreement, the Registration Rights Agreement, the Indenture, the Notes Security Documents (...
Sample 1

Examples of Time of execution in a sentence

  • The Registration Statement is an “automatic shelf registration statement” as defined in Rule 405 of the Securities Act, that automatically became effective not more than three years prior to the Time of Execution; the Issuer has not received from the Commission any notice pursuant to Rule 401(g)(2) of the Securities Act objecting to use of the automatic shelf registration statement form and the Issuer has not otherwise ceased to be eligible to use the automatic shelf registration form.

  • As promptly as practicable following the Time of Execution and in any event not later than the second business day following the date hereof, the Company will prepare and deliver to the Initial Purchasers the Offering Memorandum, which shall consist of the Preliminary Offering Memorandum as modified only by the information contained in the Pricing Supplement and other immaterial changes as agreed to by the Representatives (or their counsel).

  • The Registration Statement is an “automatic shelf registration statement” as defined in Rule 405 of the Securities Act, that automatically became effective not more than three years prior to the Time of Execution; the Issuer has not received from the Commission any notice pursuant to Rule 401(g)(2) of the Securities Act objecting to the use of the automatic shelf registration statement form and the Issuer has not otherwise ceased to be eligible to use the automatic shelf registration form.

  • The Representatives hereby advise the Company that the Initial Purchasers intend to offer for sale, as described in the Pricing Disclosure Package and the Offering Memorandum, their respective portions of the Notes as soon after the Time of Execution as the Representatives, in their sole judgment, have determined is advisable and practicable.

  • The Preliminary Offering Memorandum and the Pricing Supplement are herein referred to as the “Pricing Disclosure Package.” Promptly after the Time of Execution, the Company will prepare and deliver to each Initial Purchaser a final offering memorandum dated the date hereof (the “Final Offering Memorandum”).

  • Xxxxxxx, XX, President Date and Time of Execution EXTENDED STAY AMERICA, INC.

  • The Representatives hereby advise the Company that the Initial Purchasers intend to offer for sale, as described in the Pricing Disclosure Package and the Offering Memorandum, their respective portions of the Securities as soon after the Time of Execution as the Representatives, in their sole judgment, have determined is advisable and practicable.

  • Additional Time of Execution Information Pricing Term Sheet ANNEX B Form of Opinion of Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP 1.

  • The Company understands that the Initial Purchasers propose to make an offering of the Securities on the terms and in the manner set forth herein and in the Pricing Disclosure Package and agrees that the Initial Purchasers may resell, subject to the conditions set forth herein, all or a portion of the Securities to purchasers (the “Subsequent Purchasers”) at any time after the Time of Execution.

  • XxXxxxxx Date and Time of Execution Title: Chief Financial Officer and Senior Vice President "AMP" /s/ Xxxxxxx X.

Related to Time of execution

  • Date of Execution means the date on the cover page as of which the Parties have executed this Settlement Agreement.

  • Best execution means prompt and reliable execution at the most favorable security price, taking into account the other provisions hereinafter set forth. The determination of what may constitute best execution and price in the execution of a securities transaction by a broker involves a number of considerations, including, without limitation, the overall direct net economic result to the Fund (involving both price paid or received and any commissions and other costs paid), the efficiency with which the transaction is effected, the ability to effect the transaction at all where a large block is involved, availability of the broker to stand ready to execute possibly difficult transactions in the future, and the financial strength and stability of the broker. Such considerations are judgmental and are weighed by the Manager in determining the overall reasonableness of brokerage commissions.

  • Execution Time means the date and time that this Agreement is executed and delivered by the parties hereto.

  • Merger Effective Date means the date on which the Merger is consummated.

  • Target Effective Date has the meaning specified in Section 2.01(a).

  • Execution Date has the meaning set forth in the Preamble.

  • Agreement Execution Date means the date this Agreement has been fully executed and delivered by all parties hereto.

  • First Effective Time has the meaning specified in Section 2.02.

  • Merger Date means the closing date of a Merger Event or, where a closing date cannot be determined under the local law applicable to such Merger Event, such other date as determined by the Calculation Agent.

  • Original Effective Date means the Effective Date under, and as defined in, the Original Credit Agreement.

  • Execution means the execution of clients’ orders on the Company’s trading platform, where the Company acts as an Agent to Clients’ transactions.

  • PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

  • Order Form Effective Date means the date on which an Order Form comes into effect as indicated in that Order Form.

  • Anticipated Closing Date shall have the meaning set forth in Section 1.6(a).

  • Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

  • Evaluation Date shall have the meaning ascribed to such term in Section 3.1(s).

  • Effective Date has the meaning set forth in the preamble.

  • Fundamental Amendment means, with respect to each Lender, any amendment, modification, waiver or supplement of or to this Agreement that would (a) increase or extend the term of the Individual Lender Maximum Funding Amounts or change the Final Maturity Date (other than an increase of the Individual Lender Maximum Funding Amount of a particular Lender or the addition of a new Lender agreed to by the relevant Lender), (b) extend the date fixed for the payment of principal of or interest on any Advance or any fee hereunder, (c) reduce the amount of any such payment of principal, (d) reduce the rate at which Interest is payable thereon or any fee is payable hereunder (other than in connection with the appointment of a Benchmark Replacement), (e) release any material portion of the Collateral, except in connection with dispositions permitted hereunder, (f) alter the terms of Section 9.01 or Section 13.01(b), (g) modify the definition of the terms “Majority Lenders,” “Required Lenders,” “Maximum Available Amount,” “Advance Rate,” “Borrowing Base,” “Minimum OC Coverage Test,” “Collateral Quality Test,” “Collateral Loan,” “Eligible Collateral Loan,” “Eligible Country,” “Class 1 Borrowing Base,” “Class 2 Borrowing Base,” “Class 3 Borrowing Base,” “Class 1 Minimum OC Coverage Test,” “Class 2 Minimum OC Coverage Test,” “Class 3 Minimum OC Coverage Test,” “Class 1 Loan,” “Class 2 Loan” or “Class 3 Loan” or any component thereof defined therein (in each case, other than any administrative, non-material amendment agreed to by the Borrower and the Administrative Agent); (h) modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof or (i) extend the Reinvestment Period, in each case to the extent such amendment, modification, waiver or supplement relates to such Lender.

  • Merger Effective Time means “Effective Time,” as that term is defined in the Merger Agreement.

  • Initial Effective Date means the date that the Initial Registration Statement has been declared effective by the SEC.

  • Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.

  • the Effective Date means each date that the Registration Statement and any post-effective amendment or amendments thereto became or become effective. "Execution Time" shall mean the date and time that this Agreement is executed and delivered by the parties hereto. "Basic Prospectus" shall mean the form of basic prospectus relating to the Securities contained in the Registration Statement at the Effective Date. "Prospectus" shall mean the Basic Prospectus as supplemented by the Prospectus Supplement. "Registration Statement" shall mean the Registration Statement referred to in paragraph (a) above, including incorporated documents, exhibits and financial statements, as amended at the Execution Time. "Rule 415" and "Rule 424" refer to such rules under the Act. Any reference herein to the Registration Statement, the Basic Prospectus, the Prospectus Supplement or the Prospectus shall be deemed to refer to and include the documents incorporated by reference therein pursuant to Item 12 of Form S-3 which were filed under the Exchange Act on or before the Effective Date or the issue date of the Basic Prospectus, the Prospectus Supplement or the Prospectus, as the case may be; and any reference herein to the terms "amend", "amendment" or "supplement" with respect to the Registration Statement, the Basic Prospectus, the Prospectus Supplement or the Prospectus shall be deemed to refer to and include the filing of any document under the Exchange Act after the Effective Date or the issue date of the Basic Prospectus, the Prospectus Supplement or the Prospectus, as the case may be, deemed to be incorporated therein by reference.

  • License Effective Date means, with respect to each Component System of the Licensed System that Company is given the right to access and use, the date as of which the Company is first given such right to access and use.

  • Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.

  • Contract Effective Date means the date agreed upon by the parties for beginning the period of performance under the contract. In no case shall the effective date precede the date on which the contracting officer or designated higher approval authority signs the document.

  • Amendment No. 8 Effective Date has the meaning assigned to such term in Amendment No. 8.