Base Capacity. It is Tenant’s responsibility to confirm prior to Effective Date that the Building is equipped with electrical service of an average demand load of not less than six (6) xxxxx per usable square foot of the Premises and exclusive of the operation of the Building Structure and Systems (including Building System HVAC units) that serve the Premises (the “Base Capacity”). Tenant, at its sole cost and expense, shall distribute the electricity within the Premises from the electrical panel(s) and shall have the right to re-distribute such capacity to various portions of the Premises in such amounts as Tenant elects.

Base Capacity. (a) If Selfcare shall provide the notice described in Section 3.8(a), the Capital Requirements Notice provided for under Section 3.4(b) shall be rescinded and "Base Capacity" shall mean with respect to a Proposed Capacity Plan for a calendar year, the greater of (i) the highest Binding Capacity Plan for any then-prior calendar year with respect to which Selfcare has given a Capital Requirements Notice which has been accepted by LifeScan and (h) the amount set forth as follows: Restated Distribution Agreement in Word as executed 9 ------------------------------------------------------------------------------------------------------------ YEAR NUMBER OF LS STRIPS PER MONTH ------------------------------------------------------------------------------------------------------------ [OMITTED] [OMITTED] ------------------------------------------------------------------------------------------------------------ [OMITTED] [OMITTED] ------------------------------------------------------------------------------------------------------------ [OMITTED] [OMITTED] ------------------------------------------------------------------------------------------------------------ [OMITTED] [OMITTED] ------------------------------------------------------------------------------------------------------------ Thereafter [OMITTED] of the number of LS Strips purchased by LifeScan during the 12 calendar month period preceding the date of delivery of such Proposed Capacity Plan divided by 12, provided that the resulting Base Capacity does not exceed [OMITTED] [OMITTED] LS Strips per Month ------------------------------------------------------------------------------------------------------------ Upon reaching or exceeding purchases of [OMITTED] of the number of LS Strips [OMITTED] LS Strips per Month purchased by LifeScan during the 12 calendar month period preceding the date of delivery of such Proposed Capacity Plan divided by 12 ------------------------------------------------------------------------------------------------------------

Base Capacity. Section 4 of the AMO Agreement, entitled “Base Capacity”, is hereby amended in its entirety to read as follows:

Base Capacity. IBM and Travelport agree that the Machines listed in Exhibits B and C are included in the initial capacity (“Base Capacity”) subject to this AMO Agreement, the charges for which are included in the Monthly Payments. Exhibits B and C list all Machines included in the Base Capacity, including the Current Machines, which are listed in Exhibit C. The Machines listed in Exhibit B and Exhibit C, Section 1 will be leased by IBM Credit to Travelport under the terms of the TLA, as supplemented and modified by this AMO Agreement. The Machines listed in Exhibit C, Section 2 are owned by Travelport and therefore will not be leased by IBM Credit.”

Base Capacity. IBM and Worldspan agree that the Machines listed in Exhibit B and Exhibit C are included in the initial capacity (“Base Capacity”) subject to this AMO Agreement, the charges for which are included in the Monthly Payments. Exhibits B and C list all Machines included in the Base Capacity, including the Current Machines, which are listed in Exhibit C. All Machines listed in Exhibit B and Exhibit C will be leased by IBM Credit to Worldspan under the terms of the TLA, as supplemented and modified by this AMO Agreement. The Current Machines are Machines currently subject to a Lease between Worldspan and IBM Credit. These Machines are included in the Base Capacity.

Base Capacity. Base Capacity" means with respect to a Proposed Capacity Plan for a calendar year, the greater of (i) the highest Binding Capacity Plan for any then-prior calendar year with respect to which Selfcare has given a Capital Requirements Notice which has been accepted by LifeScan and (ii) in the case of calendar years 1997 through 2001, the Yearly Minimum set forth in Section 4.4 with respect to such calendar year, and for 2002 and

Related to Base Capacity

Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.
Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.
INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.
Trustee Capacity It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Bank USA, National Association not individually or personally but solely as trustee of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this Agreement.
Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;
Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.
Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.
Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;
Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

Base Capacity Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Base Capacity