Consent to Distribution. Notwithstanding any other provision of the Plan, no benefit shall be distributed or commence to be distributed to a Participant or former Participant prior to his attainment of the later of age 62 or Retirement Age without his consent, unless the benefit is payable immediately under Section 5.04. Any such consent shall be valid only if given not more than 90 days prior to the Participant's or former Participant's Annuity Starting Date and after his receipt of the notice regarding benefits described in Section 5.09(a).
Consent to Distribution. A Section 4.4.9 shall be added to the Agreement and shall read as follows:
Consent to Distribution. 5.08 Information Provided to Participants................................5.09
Consent to Distribution. Notwithstanding anything the contrary contained in the Loan and Servicing Agreement, including without limitation Section 5.03(o) thereof, Program Agent hereby consents to the distribution of the Demand Note by the Borrower, in respect of the equity interests of the Borrower and hereby acknowledges that, upon such distribution, (i) all rights, obligations, liabilities, interests and claims of any party hereto under the Demand Note shall be, without any further action of the parties to the Loan and Servicing Agreement, cancelled, terminated, released, extinguished and satisfied and (ii) no rights, obligations, liabilities, interests and claims of any party thereto shall remain or hereafter arise in respect of the Demand Note. Promptly after the execution of this Amendment, Program Agent shall promptly return to the Borrower the original of the Demand Note.
Consent to Distribution. The Borrower has requested and the Administrative Agent and all of the Lenders have agreed, to permit the distribution by the Borrower of its Equity Interests in Bison and Muskie to Lambda Investors LLC and to release any and all Liens on such Equity Interests in connection with such distribution.
Consent to Distribution. Notwithstanding anything to the contrary contained in the Loan and Servicing Agreement, including, without limitation, Section 5.03(o) thereof, the Program Agent hereby consents to the distribution by the Borrower of its interest in the Demand Note to DT Acceptance Corporation (“DTAC”), on account of DTAC’s equity interest in the Borrower and hereby acknowledges that, upon such distribution, (i) all rights, obligations, liabilities, interests and claims of any party hereto under the Demand Note shall be, without any further action of the parties to the Loan and Servicing Agreement, cancelled, terminated, released, extinguished and satisfied and (ii) no rights, obligations, liabilities, interests and claims of any party thereto shall remain or hereafter arise in respect of the Demand Note. Promptly after the execution of this Amendment, the Program Agent shall return to the Borrower the original of the Demand Note.
Consent to Distribution. Subject to the satisfaction of the conditions set forth in PARAGRAPH 5 below, the Banks hereby consent to (i) the distribution by Borrower to Parent of inventory and equipment of Borrower located at the Borrower's facility in Phoenix, Arizona and cash in the amount necessary to enable Parent to acquire forty-nine percent (49%) of Xxxxx Brothers Industries LLC ("KBI") notwithstanding SUBPARAGRAPH 5.02(e) of the Credit Agreement; and (ii) the loan (the "Xxxxx Loan") by Borrower to Parent in an amount not to exceed $5,000,000 notwithstanding SUBPARAGRAPH 5.02(f) of the Credit Agreement PROVIDED, that (x) the total amount of such cash distribution does not exceed $33,000,000, the fair value of such inventory and equipment distribution does not exceed $3,000,000 and the principal amount Xxxxx Loan does not exceed $5,000,000, (y) the Xxxxx Loan is evidenced by an unsubordinated note of Parent bearing interest at market rates and payable in full on or before October 31, 1999 and (z) proceeds of the Xxxxx Loan are used by Parent solely to provide working capital funding to KBI.
Consent to Distribution. Subject to the satisfaction of the conditions set forth in PARAGRAPH 5 of the Credit Agreement Amendment, the Banks hereby consent to (i) Guarantor's acquisition, directly or indirectly, of forty-nine percent (49%) of KBI and the loan (the "Xxxxx Loan") by Guarantor to KBI in an amount not to exceed $5,000,000 notwithstanding Section 6(e) and Section 6(g) of the Guaranty; PROVIDED, that (y) the total amount of such Investment and Xxxxx Loan does not exceed Thirty-Three Million Dollars ($33,000,000), (z) the Xxxxx Loan is evidenced by an unsubordinated note of KBI bearing interest at market rates and payable in full on or before October 31, 1999.
Consent to Distribution. If the nonforfeitable portion of a Participant’s Accounts exceeds $5,000, (excluding Rollover Contributions), no distribution shall be made pursuant to Section 11.1(a) above, unless the Participant consents to such distribution, in writing. The consent of the Participant shall be obtained, in writing, within the 90-day period ending on the date of the distribution. The Plan Committee shall notify the Participant of the right to defer any distribution until his or her Normal Retirement Age, which notification shall include a general description of the material features of the optional forms of benefit available under the Plan, and shall be provided no less than 30 days and no more than 90 days prior to the distribution. The Participant’s consent shall not be required to the extent that a distribution is required to satisfy Section 401(a)(9) and\or Section 415 of the Code.
Consent to Distribution. Notwithstanding any limitations contained in Article X of the Agreement, Bank consents to the CyberCorp Distribution.
