CONDITIONS OF WAIVER. 2.1 The waiver of fees is granted to the recipient for the hire of Lake Nagambie Regatta Centre for the above-mentioned events in section 1.1
CONDITIONS OF WAIVER. 2.1 The waiver of fees is granted to the recipient for the hire of Seven Creeks Park, Euroa for the delivery of Australian National Show and Shine.
CONDITIONS OF WAIVER. As a condition of the Waiver by Bank set forth in Section 5, Borrower shall deliver the documents identified in Section 3 and take the following actions on or before the date of this Amendment:
CONDITIONS OF WAIVER. During the Waiver Period, Borrower shall, and shall cause its Subsidiaries, to (A) conduct its business in the ordinary course consistent with past practice and (B) not (without the prior written consent of the Required Lenders) (i) enter into any acquisition, sale or transfer of any asset by Borrower or any of its Subsidiaries other than (A) for consideration of less than $500,000 in any one transaction or in the aggregate consistent with past practice or (B) sales and purchases of inventory and raw materials in the ordinary course of business consistent with past practice; (ii) change any accounting methods or practices (including any change in depreciation or amortization policies or rates) unless such change is required by GAAP; (iii) effect any declaration, setting aside, or payment of a dividend or other distribution with respect to the shares of Borrower, or any direct or indirect redemption, purchase or other acquisition by Borrower of any of its shares of capital stock; (iv) enter into any material agreement, not made in the ordinary course of business, or any amendment or termination (not made in the ordinary course of business) of, or breach by Borrower or any of its Subsidiaries under, any material agreement to which Borrower or any Subsidiary is a party or by which it is bound, including any lease related to the lease to any office or other real estate, including by way of extension (other than an extension of only one (1) additional month) of the term of any such lease expiring during the term of this Waiver Period, but excluding purchase orders and other agreements relating to sales and purchases of inventory and raw materials in the ordinary course of business consistent with past practice; (v) enter into any agreement with any officer, director or employee other than any agreements or arrangements entered into in the ordinary course of business consistent with past practice and Borrower's or the applicable Subsidiary's existing employment policies with any officer or employee in connection with the hiring or termination of any such officer or employee, including any confidentiality, non-competition, assignment of inventions, separation, or other similar agreements, but excluding any employment agreements with any such officers or employees; (vi) make any amendment or change to its organizational documents; (vii) increase or make any modification to the base compensation payable or to become payable by Borrower or any of its Subsidiaries to...
CONDITIONS OF WAIVER. In respect of the Contractual Arrangements, we have applied for, and the Hong Kong Stock Exchange has granted, a waiver from strict compliance with (i) the announcement, circular (including independent financial advice) and independent Shareholders’ approval requirements under Rules 14A.35, 14A.36, 14A.39, 14A.44, 14A.45 and 14A.46 of the Hong Kong Listing Rules in respect of the transactions contemplated under the Contractual Arrangements, (ii) the requirement of setting an annual cap for the transactions under the Contractual Arrangements under Rule 14A.53 of the Hong Kong Listing Rules, and (iii) the requirement of limiting the term of the Contractual Arrangements to three years or less under Rule 14A.52 of the Hong Kong Listing Rules, for so long as our Shares are listed on the Hong Kong Stock Exchange, subject to the following conditions:
CONDITIONS OF WAIVER. Notwithstanding subparagraph (iii) of paragraph (a) of Clause 2 (Waiver): (a) neither of the AHTS SPVs may be transferred to the AHTS Holdco and none of the Crew SPVs may be transferred to Crew Holdco prior to (i) the establishment of AHTS Holdco and Crew Holdco as wholly owned direct Subsidiaries of the Borrower and (ii) the completion of the Permitted Vessel Transfers in respect of all of the Vessels; and (b) prior to the Effective Date no funds may be transferred from BPL, PSV Guarantor A, the PSV A SPVs, PSV Guarantor B, PSV B SPVs, PSV Charterer Guarantor A or PSV Charterer Guarantor B to other members of the Group but funds may be transferred between the aforementioned entities, and it is understood that the Waiver Period will automatically terminate on the date on which the Borrower fails to comply with any such condition set out above as determined by the Agent (acting on the instructions of any Lender in such Lender's sole discretion).
CONDITIONS OF WAIVER. The foregoing waiver of the Existing Events of Default is conditioned upon compliance by USMX and USMXAK, respectively, with each of the following conditions: a. Stock Offering, etc. By not later than November 1, 1996 USMX (a) will prepare and file with appropriate securities authorities in Canada a prospectus for a public offering in Canada of common stock of USMX with project net proceeds to USMX of not less than US$9,000,000, and copies thereof will be provided to NMR; (b) will cause Newcrest Capital the underwriter, or other underwriter for such offering, to provide a comfort letter addressed to NMR to the effect that such underwriter believes that such stock offering can be completed by December 31, 1996; and (c) by December 31, 1996, USMX will complete such offering and will deposit in the Proceeds Account US$1,500,000 in accordance with the requirements of the Credit Agreements, In addition, if USMX makes any other disposition of shares of common stock or other equity interests in USMX, or otherwise realises any material cash proceeds from sale or other disposition of assets, or if USMXAK sells any royalty or other interest in its properties or assets or otherwise realises any material cash proceeds from sale or other disposition of assets, fifty (50%) of the first US$1,000,000 of net proceeds therefrom and one hundred (100%) of net proceeds therefrom in excess of US$1,000,000 will promptly be deposited in the Proceeds Account until US$1,500,000 has so been deposited in the Proceeds Account by USMX. USMX, USMXAK and NMR agree that no sale of a royalty or other property or revenue interest may be made with respect to the properties included in the Illinois Creek Project without the prior consent of NMR, which may be granted or withheld at NMR's sole discretion.
