Clause 21 Sample Clauses
Clause 21. 6(a) (Provision of valuations and information) of the Credit Agreement is amended to read in its entirety as follows: For purposes of this Clause 21, the Obligors at their expense shall cause a valuation of each Ship and any relevant existing charter to be made by an Approved Broker indicating the market value of such Ship, together with any relevant existing charter, at any time the Agent may request upon not less than 5 days’ prior written notice from the Agent to the Borrower.
Clause 21. 2 shall not apply to any press release, public announcement or other communication with the news media made by the Purchaser (a) which is consistent with the Announcement and the terms of this Agreement and does not contain any further information relating to the Company Group to that which has been previously announced or made public in accordance with the terms of this Agreement or (b) is made in the ordinary course of business and does not relate specifically to the signing of this Agreement or the transactions contemplated by this Agreement.
Clause 21. 10 shall not apply where changes are agreed with the Frankfurt Relevant Employees individually or collectively or from the date of termination of employment of a Frankfurt Relevant Employee whose employment terminates for any reason.
Clause 21. 9.1 does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company with the prior written consent of the Lender or which is a Permitted Acquisition. Restrictions on dealing with assets and Security
Clause 21. 2 shall not apply to any press release, public announcement or other communication with the news media made by AerCap or any AerCap Entity (a) which is consistent with the Announcement and the terms of this Agreement and does not contain any further information relating to the Company Group to that which has been previously announced or made public in accordance with the terms of this Agreement or (b) is made in the ordinary course of business and does not relate specifically to the signing of this Agreement or the transactions contemplated by this Agreement.
Clause 21. 16.1 hereof is subject to the Company informing the union which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility.
Clause 21 above shall not apply for the purpose of effecting necessary repairs to any fixtures at any Property or of replacing them with new or improved models or substitutes or in the case of any tenant's fixtures and fittings.
Clause 21. 2.1.2 shall not apply to any alterations carried out pursuant to any Expansion.
Clause 21. 2.1 of the Facility Agreement shall be deleted in its entirety and replaced with the following: “The Parent shall procure that each Obligor and/or each Material Company, as applicable, shall deliver to the Agent in sufficient copies for all the Lenders:-
(a) as soon as they are available, but in any event within 120 days (or 75 days in respect of the Parent) after the end of each of its Financial Years:
(i) the audited consolidated financial statements of the Parent for that Financial Year;
(ii) the audited financial statements of each Obligor and each Material Company for that Financial Year or, if such person is not required to produce audited financial statements and has not done so for that Financial Year, its management schedules for such Financial Year provided that any such person must prove audited consolidated financial statements if the Agent so requests;
(b) as soon as they are available, but in any event within 45 days after the end of the Financial Quarter of each of its Financial Years, the consolidated and unconsolidated financial statements of the Parent and details of net worth for each Material Company as certified by the Chief Financial Officer of the Parent for that Financial Quarter, to include:
(i) (in the case of the Parent only) details of all Disposal Proceeds as defined in Clause 8.2 (Disposal and Insurance Proceeds);
(ii) (in the case of the Parent only) details of all surpluses in any fund or funds of each member of the Group which is an insurance company;
(iii) (in the case of the Parent only) a summary of cash realisations of each member of each relevant Target Group (as appropriate) following the relevant acquisition;
(iv) (in the case of the Parent only) details of the proceeds of the cash realisations of each member of each relevant Target Group following the relevant acquisition;
(v) a discussion of major incurred claims movements with appropriate narrative;
(c) as soon as they are available, but in any event within 45 days after the end of each Financial Quarter of each if its Financial Years:
(i) a written breakdown of all reinsurance and retrocession balances of the Group at the end of that Financial Quarter including details of the counterparty from whom such balances are owed, an ageing of such balances, and details of any movements in any receivables and recoveries made during such period; and
(ii) details of any bad debt or other provisions held by a member of the Group at the end of that Financial Quarter including...
Clause 21. “On delivery the Sellers shall assign to the Buyers the warranty applicable under Article IX of the relevant Shipbuilding Contract, together with any additional and / or prolonged guarantees or warranties relating to the Vessel or her machinery or equipment given by manufacturers, subcontractors or suppliers. The Sellers shall use their best endeavours to ensure that the Builder and any such manufacturers, sub contractors and suppliers consent to such assignment, provided that if in any case and for any reason whatsoever such consent is not given, then the Sellers shall have no obligation or liability towards the Buyers except that the Sellers shall act diligently and reasonably as the Buyers’ agents in the enforcement of the warranty or warranties in question. Following delivery and full payment of the purchase price, Sellers will provide Buyers with a copy of the notice, which will be given to the Shipbuilder, when same will be available. Except as provided in Line 59 and Clause 11 herein, the Sellers shall not be responsible towards the Buyers for any claim whatsoever relating to the description, specification, condition and performance of the vessel upon and after delivery of the vessel to the Buyers.