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 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 Benefit Payment Date and after his receipt of the notice regarding benefits described in Section 5.07(a).
19. Section 5.10 of the Plan, renumbered as Section 5.07 in accordance with paragraph 15 above, shall be completely amended and restated to provide as follows:
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 any limitations contained in Article X of the Agreement, Bank consents to the CyberCorp Distribution.
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. 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. If (i) no uncured Default exists and is continuing; and (ii) on or before April 1, 2013, the Borrowers (a) pay or cause to be paid to the Bank in immediately available funds the aggregate of all payments of principal that would otherwise become due under the Loan Documents between April 1, 2013, and October 1, 2013, to be immediately applied to the indebtedness of the Borrowers owed to the Bank in accordance with the Loan Documents; and (b) deposit or cause to be deposited in the Required Prepayment Account the aggregate of all interest payments that would otherwise become due under the Loan Documents between April 1, 2013, and October 1, 2013 (to be applied by the Bank to on the dates such interest payments become due, except that after Default the Bank may immediately apply such funds to the Borrowers’ indebtedness to the Bank in the Bank’s sole and absolute discretion), then Graymark may pay or cause one or more of its subsidiaries to distribute to the existing Foundation preferred holders $2,600,000.00 pursuant to the existing Operating Agreements for Foundation. Except as permitted by this paragraph 17, no distribution may be made to any equity holder of Foundation Surgery Affiliates, LLC, or Foundation Surgical Hospital Affiliates, LLC (other than a Borrower), while the Borrower’s obligations to the Bank remain outstanding. SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT
