04(a) Sample Clauses

04(a). The Primary Servicer shall establish a Collection Account (hereinafter the “Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Primary Servicer Collection Account. The creation of any Primary Servicer Collection Account shall be evidenced by a certification in the form of Exhibit F attached hereto and a copy of such certification shall be furnished to the Master Servicer within three (3) Business Days after the Closing Date and thereafter to the Master Servicer upon any transfer of the Primary Servicer Collection Account. Notwithstanding the fourth paragraph of Section 3.04(a), the Primary Servicer shall deposit into the Primary Servicer Collection Account and include in its Primary Servicer Remittance Amount all Additional Master Servicing Compensation and Additional Special Servicing Compensation collected by the Primary Servicer to the extent not constituting Additional Primary Servicing Compensation, including, without limitation, all defeasance fees. Any amounts of Additional Special Servicing Compensation payable to the Special Servicer shall be remitted to the Special Servicer by the Master Servicer. For purposes of the last paragraph of Section 3.04(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein directly to the Primary Servicer for deposit in the Primary Servicer Collection Account.

04(a). References herein to the Certificate Principal Balance of a Class of Certificates shall mean the Certificate Principal Balances of all Certificates in such Class.

04(a). The National Rural Telecommunications Cooperative, a District of Columbia corporation, and any successor thereto under the NRTC Member Agreements.

04(a). Tranche D Term Notes. See Section 1.04A. Transaction Costs. For any period, nonrecurring out-of-pocket expenses (including attorneys' fees, investment banking fees and facility fees, but excluding recurring costs such as commitment and agency fees) accrued by the Borrower and the Subsidiaries (other than the Special Purpose Subsidiary each Letter of Credit Subsidiary and the Finance Subsidiaries) to Persons who are not Affiliates of any Company during such period in connection with the closing of the transactions under this Agreement, any Permitted Acquisition and any other transactions occurring after the Closing Date which are consented to in writing by the Required Lenders. 135

04(a). The Employer agrees during the life-time of this Agreement to deduct Union dues from the first pay due each calendar month and to remit same no later than the 28th day of the same month to the Financial Secretary/Treasurer of the Union. The Employer shall, when remitting such dues, name the employees from whose pay such deductions have been made. The list shall also include the names, if any, of employees of the bargaining unit from whom no Union dues deduction have been made and the reasons for same (e.g. leave of absence, etc.)

04(a). Lessee agrees to indemnity and Hold Lessor harmless against any and all claims, demands, damages costs and expenses, including reasonable attorney's fees for the defense of such claims and demands, arising from the conduct or management of Lessee's business on the leased premises, or its use of the leased premises or from any breach on the part of Lessee of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, subtenants, concessionaires, or licensees in or about the leased premises except to the extent attributable to the acts of negligence, gross negligence or willful misconduct of Lessor. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel acceptable to Lessor.

04(a). 2 are in arrears, thereafter and until all accrued and unpaid dividends and distributions, whether or not declared, on shares of Series A Preferred Stock outstanding shall have been paid in full, the Corporation shall not:

04(a). Company Shares. (a) Such Stockholder holds of record and owns beneficially the number of shares of Company Common Stock set forth next to its name on the signature page hereto, free and clear of any restrictions on transfer (other than any restrictions under the Securities Act and state securities laws and the restrictions in that certain Stockholders' Agreement (as defined herein) which is to be terminated pursuant to Section 6.09), Security Interests, options, warrants, purchase rights, contracts, commitments and equities. Such Stockholder is not a party to any option, warrant, purchase right, or other contract or commitment that could require such Stockholder to sell, transfer, or otherwise dispose of any capital stock of the Company or any of its subsidiaries (other than this Agreement). Such Stockholder is not a party to any voting trust, proxy or other agreement or understanding with respect to the voting of any capital stock of the Company (other than this Agreement). (b) Such Optionholder holds Stock Options for the purchase of the number of shares, and on the terms and conditions, set forth on Schedule 3.03(a), and has not pledged or granted any interest in such Stock Options to any other Person.

04(a). “Tangible net worth” means the excess of total assets over the sum of total liabilities and intangible assets (in each case, determined in accordance with GAAP).

04(a). The Primary Servicer shall establish a Collection Account (hereinafter the “Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Primary