COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in accordance with Section 13.1 of this Agreement, the Revolving Credit Alternate Base Rate Margin and the Revolving Credit LIBOR Margin, as the case may be, shall be as herein specified as of the Restatement Date and thereafter adjusted as of the first Business Day of April, June, September, and December occurring during any Fiscal Year, commencing on June 1, 2003 (each such date being herein referred to as a "Margin Adjustment Date"), so long as prior to each such Margin Adjustment Date the Administrative Agent shall have received: (A) the financial statements required by Section 6.1(a) for the Fiscal Quarter ending immediately prior to such Margin Adjustment Date, or where the Fiscal Quarter ending immediately prior to such Margin Adjustment Date is a Fiscal Year end, the financial statements required by Section 6.1(b) for such Fiscal Year ending immediately prior to such Margin Adjustment Date (each such Fiscal Quarter End and Fiscal Year end, a "Margin Determination Date") and (B) a certificate complying with Section 6.1(c) hereof certifying International's and its Subsidiaries' Consolidated Funded Debt to EBITDA Ratio for the Cumulative Four Quarter Period ending on each such date, beginning with the receipt of the March 31, 2003 required financial statement and certificate.
COMMENCEMENT; CONDITIONS. The Applicable LIBOR Percentage and Applicable Prime Rate Percentage shall each be adjusted as herein specified as of the first day of the Commitment Period and thereafter as of each Interest Adjustment Date, commencing with the Interest Adjustment Date on September 1, 2012, by reference to (A) the financial statements required by Section 8.1(a) or Section 8.1(b) for the period ending as of the Interest Determination Date for such Interest Adjustment Date and (B) a certificate complying with Section 8.l(c)(ii) certifying the Net Leverage Ratio as of such Interest Determination Date.
COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in writing by all of the Banks, the Applicable LIBOR Margin shall be calculated as herein specified as of the Closing Date and effective as of the first day of the Fiscal Quarter (each an "Margin Adjustment Date") during which the Agent shall have received (A) financial statements required by Sections 0, 0 or 0, as the case may be, for the period ending as of the last day of the Fiscal Quarter or Fiscal Year immediately preceding such Margin Adjustment Date (each a "Determination Date") and (B) a certificate complying with Section 0 certifying the Borrower's Consolidated Funded Debt to EBITDA Ratio as of any such Determination Date.
COMMENCEMENT; CONDITIONS. The Applicable LIBOR Percentage shall be adjusted as herein specified as of the first day of the Commitment Period and thereafter as of each Interest Adjustment Date, commencing with the Interest Adjustment Date on June 1, 2002, by reference to (A) the financial statements required by Section 8.1(a) or Section 8.1(b) for the period ending as of the Interest Determination Date for such Interest Adjustment Date and (B) a certificate complying with Section 8.l(c)(ii) certifying the Total Leverage Ratio as of such Interest Determination Date.
COMMENCEMENT; CONDITIONS. Commencement of the prefabricated load bearing stressed skin panels with wood– GREEN PANEL SIP shall be made in compliance with the manufacturer’s recommendations and the execution design. Upon commencement, there will be verified: - if the panels fixing anchors onto the foundation base plate were gripped; - if the panels were mounted according to the shop drawings, especially within the joinery gaps area; - the panels fixing method; - the smoothness, verticality and dimensions of the panel joints; - application of the protection and finishing layers on panel faces. Upon works execution there will be taken preventive measures against products humidification, both during transportation, storage, handling and during the application process. Upon commencement there will be considered the provisions in the following Romanian technical documents: - C 300-94 “Normative deed for fire prevention and extinction during construction works and afferent installations execution”; - “Regulation on labor protection in constructions”;
COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which is continuing and has not been waived in accordance with Section 15.1 hereof, the Applicable Margin shall be calculated as herein specified as of the Closing Date and as of the first day of each calendar month commencing on and after the Administrative Agent shall have received the Borrower's annual audited financial statements for Fiscal Year ending December 31, 2001 (each such date, a "Margin Adjustment Date"), based upon the average Excess Availability for the Fiscal Month immediately preceding such Margin Adjustment Date; PROVIDED, HOWEVER, that, on each such Margin Adjustment Date, the Administrative Agent shall have received a certificate complying with Section 8.1(d)(iv) hereof certifying that, as of such Margin Adjustment Date, all accounts payable of the Borrower and the Subsidiary Guarantors are being paid on a timely basis consistent with past practices and within stated terms (except to the extent other arrangements are consistent with past practices) and EXCEPT where the Borrower or Subsidiary Guarantor is in good faith exercising set off rights as to such Account or alleging a dispute with respect to such Account.
COMMENCEMENT; CONDITIONS. 7.1 Subject to compliance with the Merger Rules, the Offeror shall make the Offer (het bod uitbrengen) as soon as reasonably practicable, but in any event within five (5) Business Days (the "Ultimate Launch Date") after the satisfaction or waiver by the Offeror and/or the Company, as the case may be, of the conditions precedent (opschortende voorwaarden) set out in Schedule 5 (Commencement Conditions) (the "Commencement Conditions"), and the date on which the Offeror shall make the Offer being the "Commencement Date"). For the avoidance of doubt, the Offeror's obligation to make the Offer (het bod uitbrengen) pursuant to this Clause 7.1 is subject to the Commencement Conditions still being satisfied on the Commencement Date.
7.2 The Commencement Conditions in paragraphs 1(a) (The Offer), 4 (Corporate action), 5 (MAC and MAC-related events), 6 (No Superior Offer), 9 (Board Irrevocables and Irrevocable Agreements) and 10(b) (Other) of Schedule 5 (Commencement Conditions) are for the benefit of the Offeror and may be waived by the Offeror (either in whole or in part), to the extent permitted by law only, at any time by written notice to the Company. The Commencement Condition in paragraph 1(b) of Schedule 5 (Commencement Conditions) is for the benefit of the Company and may be waived by the Company (either in whole or in part), to the extent permitted by law only, at any time by written notice to the Offeror. The Commencement Condition in paragraph 3 (Employee consultation) and 10(c) (Other) of Schedule 5 (Commencement Conditions) are for the benefit of both the Offeror and the Company and may only be waived by the Company and the Offeror together (either in whole or in part), as the case may be, to the extent permitted by law only, at any time by written notice. Commencement Condition in paragraph 10(a) (Other) of Schedule 5 (Commencement Conditions) is for the benefit of the Party or Parties for whose benefit the relevant Offer Condition is expressed to be made under this Merger Protocol, and may be waived by the Company and/or the Offeror (either in whole or in part), as the case may be, to the extent permitted by law only, at any time by written notice. The Commencement Conditions in paragraphs 1(c), 2 (Offer Memorandum), 7 (Illegality, litigation and insolvency) and 8 (Listing) of Schedule 5 (Commencement Conditions) cannot be waived. The Parties will notify each other as soon as possible and in any event within five (5) Business Days of any facts or ci...
COMMENCEMENT; CONDITIONS. (1) ACECQA requires all employees to consent to a criminal record check from the Australian Federal Police and obtain other relevant checks relating to working with children and vulnerable people as a condition of their employment prior to commencement or as soon as possible after commencement. ACECQA will pay the costs associated with obtaining these checks.
(2) If an employee has resided overseas, ACECQA may require the employee to obtain a criminal history check from each country where the employee has lived for a total of 12 months or more in the last 10 years as a condition of their employment prior to commencing or as soon as possible after commencement. If the document is in another language, it must be translated into English by an accredited translator. The cost of obtaining these checks is to be met by the employee.
(3) If the CEO considers the results of any checks to be unsatisfactory, ACECQA will provide the employee with a reasonable opportunity to provide details of any relevant matters to be considered by ACECQA in making a decision as to whether the employee’s employment should be terminated.
(4) ACECQA will consider any submissions made by the employee and may terminate the employee’s employment if ACECQA considers the submission does not address the concerns raised in the check and the check remains unsatisfactory.
COMMENCEMENT; CONDITIONS. The Applicable Term SOFR Rate Percentage and Applicable Base Rate Percentage shall each be adjusted as herein specified as of the first day of the Commitment Period and thereafter as of each Interest Adjustment Date, commencing with the Interest Adjustment Date on September 1, 2024, by reference to (A) the financial statements required by Section 8.1(a) or Section 8.1(b) for the period ending as of the Interest Determination Date for such Interest Adjustment Date and (B) a certificate complying with Section 8.l(c)(ii) certifying the Net Leverage Ratio as of such Interest Determination Date.
COMMENCEMENT; CONDITIONS. So long as no Event of Default shall exist, the Applicable Loan Percentage shall be adjusted as herein specified as of the first day of the Commitment Period and as of the first day of the calendar month (each an "Interest Adjustment Date") commencing after the date the Agent shall have received (A) financial statements required by Sections 8.1(a) or 8.1(b) for the period ending as of the last day of the Fiscal Quarter or Fiscal Year immediately preceding such Interest Adjustment Date (each a "Determination Date") and (B) a certificate complying with Section 8.1(c)(ii) certifying Shiloh's Consolidated Ratio of Funded Debt to EBITDA as of any such Determination Date.
