Certain Milestones Sample Clauses

Certain Milestones. Within the time periods set forth below, perform each action with respect to the Cases of the Debtors set forth below: (A) by the date which is 30 days after the Petition Date, deliver to the Lenders a draft Approved Plan and disclosure statement; (B) by the date which is 55 days after the Petition Date, file an Approved Plan and disclosure statement with the Bankruptcy Court; (C) by the date which is 90 days after the Petition Date, obtain approval by the Bankruptcy Court of the disclosure statement, together with the solicitation, balloting and voting procedures and other related relief, related to such Approved Plan (D) by the date which is 175 days after the Petition Date, obtain confirmation of such Approved Plan by the Bankruptcy Court pursuant to section 1129 of the Bankruptcy Code; (E) by the date which is 190 days after the Petition Date, cause the effective date of the Approved Plan to occur; and (F) by the earlier to occur of (i) the Original Termination Date or (if applicable) the Extended Termination Date and (ii) the date which is 210 days after the Petition Date, consummation of the Approved Plan.
Certain Milestones. The Company shall comply with the milestones (the “Milestones”) set forth below on or before the dates specified below: (i) By no later than April 8, 2013, deliver a comprehensive draft of the Reorganization Plan (which will set forth, among other things, KPP claim treatment, treatment for each class of claims and interests (including proposed terms of any debt to be issued and proposed equity splits), a description of corporate governance mechanics (including provisions to address the selection of officers and directors of the post-reorganization Company), and post- reorganization capital structure) and related disclosure statement in connection with the Reorganization Plan to the advisors to the Lead Lenders. (ii) By no later than April 30, 2013, file the Reorganization Plan and the disclosure statement with the Bankruptcy Court. (iii) By no later than June 30, 2013, an order shall be entered by the Bankruptcy Court, in form and substance reasonably satisfactory to the Required Lead Lenders, approving the disclosure statement. (iv) By no later than September 15, 2013, an order shall be entered by the Bankruptcy Court, in form and substance reasonably satisfactory to the Required Lead Lenders, approving the Reorganization Plan.
Certain Milestones. The Debtors shall have failed to comply with any of the following: (i) file with the Bankruptcy Court a Conforming Plan and related disclosure statement for each of the Cases by the date that is 75 days after the Petition Date; (ii) obtain an order of the Bankruptcy Court, in form and substance reasonably satisfactory to the Required Lenders, approving such disclosure statement, by the date that is 115 days after the Petition Date; (iii) obtain an order of the Bankruptcy Court, in form and substance reasonably satisfactory to the Required Lenders, confirming such Conforming Plan, by (A) to the extent the Twelve Month Facility Extension Option has not been exercised, the date that is 80 days following entry of the order referred to in clause (ii) above or (B) to the extent the Twelve Month Facility Extension Option has been exercised, the date that is 120 days following entry of the order referred to in clause (ii) above; and (iv) consummate such Conforming Plan by the date that is 30 days after the entry of the order confirming such Conforming Plan; or
Certain Milestones. Within the time periods set forth below, perform each action with respect to the Cases of the Debtors set forth below: (a) by August 15, 2009, deliver to the Lenders a draft Reorganization Plan and disclosure statement; (b) by September 15, 2009, file a Reorganization Plan and disclosure statement with the Bankruptcy Court; (c) by October 15, 2009, obtain approval by the Bankruptcy Court of such disclosure statement related to such Reorganization Plan; provided that if the Debtors have commenced a hearing prior to October 15, 2009 with a reasonable belief that such approval could be obtained at such hearing by such date and, due to the Bankruptcy Court’s availability, the hearing has not concluded by October 23, 2009, then such deadline shall be deemed extended through October 30, 2009 to accommodate the Bankruptcy Court’s availability; and (d) by December 1, 2009, obtain confirmation by the Bankruptcy Court of such Reorganization Plan; provided that if the Debtors have commenced a hearing prior to December 1, 2009 with a reasonable belief that such confirmation could be obtained at such hearing commencing by such date and, due to the Bankruptcy Court’s availability, the hearing has not concluded by December 1, 2009, then such deadline shall be deemed extended by up to 21 days to accommodate the Bankruptcy Court’s availability, and the Maturity Date shall be adjusted by a like amount.
Certain Milestones. 56 Section 5.10 Compliance with Laws ......................................................................................................56 Section 5.11 Use of Proceeds..................................................................................................................56 Section 5.12 Books, Records and Inspections ........................................................................................56 Section 5.13 Proceeds Accounts .............................................................................................................57 Section 5.14 Further Assurances.............................................................................................................57 Section 5.15 Operation in the Ordinary Course of Business ..................................................................57 Section 5.16 Covenant to Guarantee Obligations and Give Security .....................................................57 Section 5.17 Certain Post-Closing Obligations ......................................................................................59 Section 5.18 Control Agreements ...........................................................................................................59 Section 5.19 Maintenance of Property; Insurance ..................................................................................59 Section 5.20
Certain Milestones. After giving effect to the First Amendment Effective Date, any failure to satisfy any of the requirements set forth in Section 6.19(a), (b), (c) or (e) of the Credit Agreement prior to the First Amendment Effective Date shall not constitute a Default or an Event of Default; provided that, notwithstanding anything in this Section 5(d), the Borrower shall, in all respects, comply with Sections 6.19(c) and (e) of the Credit Agreement, as amended by this Amendment.
Certain Milestones. Each Loan Party shall ensure that each of the milestones set forth below (the “Milestones”) is achieved in accordance with the applicable timing referred to below (or such later dates as approved in writing by the Required Lenders in their sole discretion, which approval may be provided via electronic mail): (a) no later than 30 days after the Petition Date, the Bankruptcy Court shall have entered the Final DIP Order; (b) no later than 43 days after the Petition Date, the Bid Deadline (as defined in the Bidding Procedures) shall have occurred; (c) no later than 45 days after the Petition Date, the Auction (as defined in the Bidding Procedures) shall have commenced; (d) no later than 5 days after the Auction (if any) concludes, subject to Bankruptcy Court availability, a hearing approving one or more Sale shall have occurred; and (e) no later than 90 days after the Petition Date, an Acceptable Plan shall have been confirmed and no later than 95 days after the Petition Date, such Acceptable Plan shall become effective.
Certain Milestones. The Borrower shall perform each of the following actions with respect to the Case:
Certain Milestones. Within the time periods set forth below, perform each action with respect to the Cases set forth below: (a) The Debtors shall have: (i) filed a motion, in form and substance acceptable to the Administrative Agent, to sell substantially all of their assets (on terms and other documentation in form and substance acceptable to the Administrative Agent and the Required Lenders), by no later than thirty-seven (37) days from the Petition Date, (the “Sale Motion Milestone”), (ii) by no later than sixty (60) days from the Petition Date, obtained an entry of an order of the Bankruptcy Court, in form and substance acceptable to the Administrative Agent (the “Bidding Procedures Order”), approving bidding procedures with respect to such sale, (iii) by no later than ninety (90) days from the Petition Date, conducted an auction pursuant to the Bidding Procedures Order, (iv) by no later than one hundred (100) days from the Petition Date, obtained entry of an order approving a sale of substantially all of the Debtors’ assets, in form and substance acceptable to the Administrative Agent (the “Sale Order”), and (v) by no later than one hundred and ten (110) days from the Petition Date, consummated the sale approved by the Sale Order. Each of the foregoing requirements contained in paragraph (a) above shall be referred to as “Milestone Requirements” and the applicable deadlines shall be referred to as “Milestone Dates.” (b) In addition, the following general requirements shall be applicable to all Milestone Dates: (i) as of each Milestone Date, no Default has occurred; and (ii) as of each Milestone Date, all of the representations and warranties in the Loan Documents shall be true and accurate. (c) The Administrative Agent may waive in writing any or all of the Milestone Requirements or Milestone Dates, except those set forth above that expressly require the consent of the Required Lenders, in which case the consent of the Required Lenders shall also be required for such waiver.

Related to Certain Milestones

  • Milestones Subject to the provisions of the SGIP, the Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party’s obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Force Majeure event, it shall immediately notify the other Parties of the reason(s) for not meeting the milestone and: (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless: (1) it will suffer significant uncompensated economic or operational harm from the delay, (2) attainment of the same milestone has previously been delayed, or (3) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment.

  • Targets and Milestones For the purposes of this Access Agreement, the University of Bristol will assess progress in widening participation against a combination of progress measures which, between them, are designed to assess: • The specific impact of a number of key outreach initiatives. • Year on year progress in diversifying our applicant and student population. • Year on year progress in improving conversion of under-represented applicants. Bearing in mind the range of outreach activities which we plan to offer, we intend to measure year on year progress in attracting a wider pool of applicants by focusing particularly on each of the following categories (although additional measures included in our 2012 Agreement have also been retained for continuity of monitoring): • Applicants from low performing schools • Applicants from socio-economic groups 4-7 • Local applicants Progress measures for each of these are provided at Appendix Four. In each case, we have included new measures, to assess improvements in application to intake conversion. As far as possible, measures have been calculated taking account of the expected impact of a number of specific outreach initiatives (the Access to Bristol scheme, summer school programme and personal adviser scheme), each of which also has more detailed performance targets associated with them (also detailed at Appendix Four). Measurement of the University’s intake profile will be focused on the low school performance category, reflecting the role which this plays in our contextual approach to admissions. Measures relating to mature student intake have been included for continuity. The recent decision to grow our undergraduate numbers substantially means that continuing to measure progress in diversifying intake by looking at under-represented groups as a percentage of total intake is no longer meaningful. For each intake-related measure, we have therefore added the number of students which the original percentages might have been expected to deliver. Monitoring against these numbers will give a more accurate picture of progress. All progress measures have been informed by more detailed analysis of progress against the institutional milestones detailed in Appendix Two and will be re-calculated annually to reflect assessment of our progress to date. In addition, it should be noted that we intend to carry out further research, for example, to better understand the impact of educational standards in the Bristol area on our ability to progress at the specified rates; we may need to adjust the progress measures contained in this agreement for future years to reflect the findings.

  • Development Milestones In addition to its obligations under Paragraph 7.1, LICENSEE specifically commits to achieving (either itself or through the acts of a SUBLICENSEE) the following development milestones in its diligence activities under this AGREEMENT: (a) (b).

  • Project/Milestones Taxpayer provides refrigerated warehousing and logistic distribution services to clients throughout the United States. In consideration for the Credit, Taxpayer agrees to invest in a new refrigeration and distribution facility in the ▇▇▇▇▇▇▇▇▇ Park area of Sacramento, California, and hire full-time employees (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit A (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full-time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by Taxpayer for the entire taxable year shall be annualized. In addition, the salary of any full-time employee hired to fill a vacated position in which a full-time employee was employed during Taxpayer’s Base Year shall be disregarded.

  • SCHEDULE AND MILESTONES The Parties shall execute one (1) Annex concurrently with this Umbrella Agreement. The initial Annex and any subsequent Annexes will be performed on the schedule and in accordance with the milestones set forth in each respective Annex.