3(a). Notwithstanding anything to the contrary contained herein or in any other Loan Document, if the Loan is included in a REMIC Trust, no substitution under this Agreement will be permitted unless (1) either (aa) immediately after such substitution the ratio of the unpaid principal balance of the Loan to the value of the remaining Properties (as determined by Lender in its sole discretion using any commercially reasonable method permitted to a REMIC Trust; and which shall exclude the value of personal property (other than fixtures) or going concern value, if any) is equal to or less than one hundred twenty-five percent (125%) or (bb) the ratio of the unpaid principal balance of the Loan to the value of the Properties (including the Substitute Property or Substitute Properties) will not increase as a result of the substitution of the Substitute Property or Substitute Properties for the Affected Property or Affected Properties, or (2) Lender receives an opinion of counsel that the Securitization will not fail to maintain its status as a REMIC Trust as a result of the substitution of the Substitute Property or Substitute Properties for the Affected Property or Affected Properties.
3(a). If Lender has the right to approve an Annual Budget pursuant to this Section 6.8.3, neither Borrower nor Manager shall change or modify the Annual Budget that has been approved by Lender without the prior written consent of Lender (which consent shall not be unreasonably withheld, conditioned or delayed so long as no Event of Default is continuing). The “Monthly Budgeted Amount” for each Monthly Payment Date shall mean the monthly amount set forth in the Approved Annual Budget for Operating Expenses and Capital Expenditures for the Interest Period related to such Monthly Payment Date. If during any Trigger Period, Borrower has submitted an Annual Budget and such Annual Budget has not been approved prior to the commencement of the calendar year to which such budget relates then the previous Approved Annual Budget shall continue to be deemed to be the Approved Annual Budget for that calendar year, except that the line item for Capital Expenditures shall not exceed the Capital Expenditures set forth in the Approved Initial Budget.
3(a). Based on shell morphology, we found a third form, inhabiting the cave environment, Georissa “sp. Silabur” (Figure 4.3C), of which the shell shape is similar to the typical G. silaburensis whereas the scale characters are similar to the typical G. pyrrhoderma. In this study we therefore subject this complex of three shell forms to a morphological and molecular analysis to reveal patterns of phylogenetic relatedness among them, and offer a scenario for their evolution. Material and Methods
3(a). In the short term, selection for an increase in development time can be (as seen for SLOW) associated with an increase in pupal weight, but after the intermediate maximum, pupal weight will decrease with increasing larval time. Possibly the first, ascending part of the curve represents a trade-off, whilst the latter, descending phase is more a result of environmental variables. The parabolic relationship would suggest that obtaining a longer development period in the long term can only be achieved by decreasing growth rate, and will be associated with a decrease in pupal weight. However, the interaction between the quadratic larval time component and selection line points to the fact that the development time - weight relation could change for SLOW selected lines (compare the curvature of the selection lines in figure 7.3a, the SLOW line is much flatter). FAST lines achieved their faster development via a higher growth rate, but had equal pupal weight to FMSF and SMFF lines. Presumably, this higher growth rate has come at a cost in terms of some other component of fitness (Xxxxx, 1994). Alternatively, the protandry selection lines may have decreased pupal weights because their genetic architecture has been disrupted. The change in growth rate accounting for the changes in development time, and the non-linear relationship between larval time and pupal weight underline the importance of growth rate in life-history evolution. The straightforward time - weight trade-off which is often assumed would in this case lead to erroneous conclusions. Conclusions about trade-offs and in particular with respect to protandry, are further complicated by the fact that fertility and fecundity do not relate in a straightforward fashion to development time and body size (chapter 6). In figure 7.6, the relationships between development time, pupal weight, and growth rate (inverted for easier comparison) are shown conceptually within and across sexes. In theory, all connections in this figure can vary under specific circumstances, but the important connection with regard to protandry is the line connecting male and female development time (the line between the two apexes). We have been unable to change this relationship (chapter 6), which may perhaps arise as a result of changes in other connections between life-history traits across the sexes (assuming constancy of the triangle within one sex). For example, selection for a decreased amount of protandry, that is, for slow males ...
3(a). (i) If Verve has the right to terminate this License Agreement under Section 10.3(a), then Verve may, in lieu of exercising such termination right, elect by written notice to Acuitas before the end of such applicable cure period to have this License Agreement continue in full force and effect for the Term, provided that the following will apply: starting immediately after the end of such applicable cure period, Verve may reduce by [**] percent ([**]%) the Milestone Payments and the Royalty rates subject to the Minimum Royalty.
3(a). Any prepayment of a LIBOR Loan on a day other than last day of an Interest Period therefore shall include interest on the principal amount be repaid and shall be subject to Section 8.4. All prepayments of the Term Loan shall be applied pro rata in the inverse order of maturity to the remaining installments thereof.
3(a). 1.4 or 3B.1.2, Sellers' title, direct or indirect, to the APC Shares and, in the case of Section 3.1.6, APC's title, direct or indirect, to the capital stock of any APC Subsidiary. As to the Reserved Claims, there shall be no time limitation with respect to any such claims or any suit instituted with respect thereto, other than for any applicable statute of limitations.
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3(a). ARTICLE 1: DEFINITIONS ........................................ 4 -7 -----------------------
3(a). Section 1.1.3(a) of the Loan Agreement is hereby amended to read in full as follows:
