Certain Releases Required Sample Clauses

Certain Releases Required. Notwithstanding the provisions of the first sentence of Section 3.1, if any Aurora Entity shall make a distribution of Common Stock or Preferred Stock in kind to the partners of such partnership or members of such limited liability company, as the case may be, then (a) such Aurora Entity shall provide written notice of such distribution to all Securityholders identified in Exhibit A or Exhibit B hereto as a Designated Securityholder and (b) promptly after such Aurora Entity's receipt of a written request to do so from any such Designated Securityholder, given at any time or from time to time, such Aurora Entity shall consent to the release from the terms of this Section 3 of the same proportion of such class of Securities which are then held subject to the terms of this Section 3 by such Designated Securityholder as the number of shares of such class being distributed by the relevant Aurora Entity to its partners or members, as the case may be, bears to the total number of shares of such class which would be distributed to such partners or members, as the case may be, if such Aurora Entity then distributed in kind all Securities of such class to its partners or members, as the case may be.
Sample 1
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Certain Releases Required. Notwithstanding the provisions of the first sentence of Section 3.1, if either Aurora Entity, either directly or indirectly, shall make a distribution of Common Stock or Preferred Stock in kind to the partners of any such partnership, then promptly after such Aurora Entity’s receipt of a written request to do so from any Class A Securityholder identified in Exhibit A hereto as a designated Class A Securityholder, given at any time or from time to time, such Aurora Entity shall consent to the release from the terms of this Section 3 of the same proportion of such class of Securities which are then held subject to the terms of this Section 3 by such Class A Securityholder as the number of shares of such class being distributed by the relevant Aurora Entity to its partners bears to the total number of shares of such class which would be distributed to such partners if such Aurora Entity then distributed in kind all Securities of such class to its partners.
Sample 1
Certain Releases Required. Notwithstanding the provisions of the first sentence of Section 3.1, if (i) Holdings shall make a distribution of Common Stock or Preferred Stock in kind to its members in compliance with Section 3.1 or (ii) Ares shall make a distribution of Common Stock or Preferred Stock in kind to its partners in compliance with Section 3.1, then promptly after Holdings’ or Ares’, as the case may be, receipt of a written request to do so from any Class A Securityholder identified in Exhibit A hereto as a Designated Class A Securityholder, given at any time or from time to time, Holdings and Ares shall consent to the release from the terms of this Section 3 of the same proportion of such class of Securities which are then held subject to the terms of this Section 3 by such Designated Class A Securityholder as the number of shares of such class being distributed by Holdings or Ares, as the case may be, to its members or partners, as applicable, bears to the total number of shares of such class which would be distributed to such members or partners, as applicable, if Holdings or Ares, as the case may be, then distributed in kind all Securities of such class to its members or partners, as applicable.
Sample 1

Related to Certain Releases Required

  • Notice of Certain Releases, Remedial Actions, Etc Promptly upon the occurrence thereof, written notice describing in reasonable detail (a) any Release required to be reported to any federal, state or local governmental or regulatory agency under any applicable Environmental Laws, (b) any remedial action taken by Company or any other Person in response to (1) any Hazardous Materials Activities the existence of which could reasonably be expected to result in one or more Environmental Claims having, individually or in the aggregate, a Material Adverse Effect, or (2) any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (c) Company’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of any Facility that could cause such Facility or any part thereof to be subject to any material restrictions on the ownership, occupancy, transferability or use thereof under any Environmental Laws.

  • Certain Reports Promptly upon their becoming available and without duplication of any obligations with respect to any such information that is otherwise required to be delivered under the provisions of any Loan Document, copies of (i) following an initial public offering, all financial statements, reports, notices and proxy statements sent or made available generally by Holdings or its applicable Parent Company to its security holders acting in such capacity and (ii) all regular and periodic reports and all registration statements (other than on Form S-8 or a similar form) and prospectuses, if any, filed by Holdings or its applicable Parent Company with any securities exchange or with the SEC or any analogous governmental or private regulatory authority with jurisdiction over matters relating to securities; and

  • Press Releases and Related Matters Each Credit Party executing this Agreement agrees that neither it nor its Affiliates will in the future issue any press releases or other public disclosure using the name of GE Capital or its affiliates or referring to this Agreement, the other Loan Documents or the Related Transactions Documents without at least 2 Business Days' prior notice to GE Capital and without the prior written consent of GE Capital unless (and only to the extent that) such Credit Party or Affiliate is required to do so under law and then, in any event, such Credit Party or Affiliate will consult with GE Capital before issuing such press release or other public disclosure. Each Credit Party consents to the publication by Agent or any Lender of a tombstone or similar advertising material relating to the financing transactions contemplated by this Agreement. Agent reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements.

  • RELEASES AND WAIVERS Each of the releases and waivers enumerated in this Article 5 shall become effective only upon the Closing of the contribution and exchange of the Participating Entity Interests pursuant to Articles 1 and 2 herein.

  • Certain Requirements All Substitute Properties shall comply with this Section 2.3.5. To qualify as a Substitute Property, a property must, as of the Substitution Date (in addition to the other criteria set forth in this Section 2.3.5):

  • Certain Exceptions The provisions of Section 8.3.1 shall not apply to, and Owner shall have no liability hereunder for, Taxes:

  • Amendments, Waivers and Release of Collateral Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified except in accordance with the provisions of this Section nor may be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrower written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrower hereunder or thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences; provided, however, that no such waiver and no such amendment, waiver, supplement, modification or release shall:

  • Certain Requirements in Respect of Combination, etc The Parent shall not enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless:

  • Amendments, Waivers and Releases Neither this Agreement nor any other Credit Document, nor any terms hereof or thereof, may be amended, supplemented or modified except in accordance with the provisions of this Section 13.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent and/or the Collateral Agent may, from time to time, (a) enter into with the relevant Credit Party or Credit Parties written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Credit Parties hereunder or thereunder or (b) waive in writing, on such terms and conditions as the Required Lenders or the Administrative Agent and/or Collateral Agent, as the case may be, may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences; provided, however, that each such waiver and each such amendment, supplement or modification shall be effective only in the specific instance and for the specific purpose for which given; and provided, further, that no such waiver and no such amendment, supplement or modification shall:

  • Press Releases, Etc Any press release issued by the Company shall not disclose any of the Financing Terms and the final form of such press release shall be approved in advance in writing by the Investors. No other announcement regarding any of the Financing Terms in a press release, conference, advertisement, announcement, professional or trade publication, mass marketing materials or otherwise to the general public may be made without the Investors’ prior written consent.

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