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 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). 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). Series A Preferred Stock. In accordance with the provisions of Section 4.04 of the Corporation's Articles of Incorporation, the following sets forth the designation and number of shares, and fixes the preferences, limitations and relative voting and other rights of a series of Preferred Shares of the Corporation:
04(a). 2 immediately after it declares a dividend or distribution on the Common Shares (other than a dividend payable in Common Shares); provided that, in the event no dividend or distribution shall have been declared on the Common Shares during the period between any Quarterly Dividend Payment Date and the next subsequent Quarterly Dividend Payment Date, a dividend of $10.00 per share on the Series A Preferred Stock shall nevertheless be payable on such subsequent Quarterly Dividend Payment Date.
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). 4, purchase or otherwise acquire such shares at such time and in such manner.
04(a). The Borrower represents that at the date of this Contract no such Security Interest exists, except for the Security Interests listed in Schedule E annexed hereto. The Borrower shall ensure that its payment obligations under this Contract rank, and will rank, not less than pari passu in right of payment with all other present and future unsecured and unsubordinated obligations under any of its debt instruments except for obligations mandatorily preferred by law. If the Borrower concludes with any other medium or long-term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. Cash collateral and substitution with guarantee Alternative Security If, at any time while the Loan is outstanding, the Borrower is in breach of Article 6.07, then the Bank may request the Borrower to consult it within fifteen days from the date of the Bank's request at the venue specified in the request. By a notice delivered to the Borrower not earlier than sixteen or later than thirty days from the date of such request, the Bank may demand that, within a reasonable period specified in such notice, the Borrower:
(a) shall provide the Bank with a duly issued guarantee (herein the “Guarantee”) whereby the guarantor (the “Guarantor”) or guarantors (the “Guarantors”) unconditionally guarantee the due performance of the Borrower's financial obligations under this Contract. Any such Guarantor shall be a Qualifying Guarantor; or
(b) shall make, with a bank approved by the Bank, a cash collateral deposit in CZK or EUR, as specified by the Bank in its notice, charged in favour of the Bank on such terms as the Bank may reasonably require, as security for the Borrower's financial obligations under this Contract; or
(c) shall execute other security offering protection in manner, form and substance acceptable to the Bank. If none of the foregoing actions is taken within the period specified by the Bank in its relevant notice and to its satisfaction, the Borrower shall, upon demand by the Bank, immediately prepay to the Bank the outstanding Loan together with all unpaid interest accrued to the date of prepayment on the amount prepaid, a compensation...
