Distribution Conditions. The balance in each partici- pant's elective account shall be fully vested at all times and shall not be subject to forfeiture for any reason. Amounts held in the participant's elective account may not be distributable prior to the earlier of,
(1) his retirement, termination of employment or death;
(2) his attainment of age fifty-nine and one-half (59 1/2);
(3) termination of the Plan without establishment of a successor Plan by the Company or an affiliated employer;
(4) the date of the sale by the Company to an entity that is not an affiliated employer of substantially all the assets, within the meaning of Code Section 409(d)(2), with respect to a participant who continues employment with the corporation acquiring such assets;
(5) the date of the sale by the Company or an affiliated employer of its interest in a subsidiary to an entity which is not an affiliated employer with respect to a participant who continues employment with such sub- sidiary; or
(6) proven financial hardship, subject to the limitations of Section 3.5. In the event that the dollar limitation provided for in Para- graph 3.1 is exceeded, the Administrative Committee shall direct the Trustees to distribute such excess amount, and any income allocable to such amount, to the participant not later than April 15th following the close of the participant's taxable year. If there is a loss allocable to such excess amount, the distribution shall in no event be less than the lesser of the participant's elective account or the amount of the contribution made for such participant's elective account in the calendar year resulting from his salary reduction agreement. In the event that a participant is also a participant in another qualified cash or deferred arrangement as defined in Code Section 401(k), a simplified employee pension plan as defined in Code Section 408(k), or a salary reduction arrangement within the meaning of Code Section 3121(a)(5)(d), and the elective deferrals, as defined in Code Section 402(g)(3), made under such other arrangements and this Plan cumulatively exceed ten thousand dollars ($10,000.00) or such amount adjusted annually as provided in Code Section 415(d) and regulations for such participant's taxable year, the participant may, not later than March 1st following the close of his taxable year, notify the Administrative Committee in writing of such excess and request that his deferred compensation to this Plan be reduced by an amount specified by the participant. Such a...
Distribution Conditions. The creditor has the right to withhold any distribution to the debtor if any of the following condition is not met by the debtor:
1. A formal written request for distribution and proofs of its usages should be submitted three days prior to any distribution.
2. This contract and its appendixes are in effect.
3. The guarantees specified in Term IX of this contract are met.
4. The debtor has opened the bank account for loan distribution and payment of loan principal, interest, and fee as required by the creditor.
5. The debtor has submitted the following documents to the creditor:
a. A formal written authorization from the debtor's Board of Directors to sign and execute this contract
b. A list of individuals who are authorized to sign this contract and its related documents and a list of their signatures
c. A formal proof of the collected funds and budgets for the projects funded by this loan
d. All approved documents for the projects' planning, land usage, and construction plans.
e. Official permits for the projects
6. No violation as defined in Term XII of this contract occurs.
7. The debtor has complied with all related laws and regulations; and all other distribution requirements set by the creditor and the debtor have been met.
Distribution Conditions. Distribution Channels Columbus has oversight over how the product is promoted and issued. The following distribution channels and conditions have been assessed as being appropriate to direct the distribution of the product to the target market: ▪ Direct - Online - By phone - In person (e.g. branch, agency, or premises visit) ▪ Third party – Accredited mortgage brokers subject to their Best Interests Duty (BID) obligations The distribution channels and conditions are appropriate because: ▪ the product has a wide target market; ▪ our staff have the necessary training, knowledge and accreditation (if required) to assess whether the consumer is within the target market, all of our staff must continually satisfy annual compliance reviews. ▪ we rely on existing distributors, methods, controls and supervision already in place; ▪ our approval system has checks and controls in place to flag applicants who may be outside the target market; and ▪ accredited mortgage brokers are subject to BID to ensure that the product is in the best interests of the particular consumer.
Distribution Conditions. The completion of the Distribution shall be subject to the performance of the following conditions:
(i) SEC shall have declared the effectiveness of the Form 20-F and no order suspending the effectiveness of the Form 20-F shall be in effect or being analyzed by SEC;
(ii) the information shall have been submitted to the holders of the CBD’s shares and ADRs, subject to the proper disclosure by the means defined by the applicable Laws in force;
(iii) the Corporate Reorganization shall have been validly implemented;
(iv) all approvals or notices by any Governmental Authorities deemed necessary for the performance of the Distribution shall have been obtained;
(v) no Order shall have been issued and no other legal restriction or prohibition that prevents the completion of the Business Separation, the Distribution or any transaction set forth in this Agreement or the other Transaction Documents shall be in force; and
(vi) no other event or fact shall exist or shall have taken place that, based on the opinion and exclusive discretion of the CBD’s Board of Directors, would make the Business Separation, the Distribution or any transaction set forth in this Agreement or the other Transaction Documents not advisable.
6.2.1. The abovementioned conditions are exclusively to the CBD’s benefit and shall not originate or create any obligation by CBD or the CBD’s Board of Directors to waive or not waive any such condition, or otherwise limit the CBD’s right to terminate this Agreement. Any resolution undertaken by the CBD’s Board of Directors, before the Distribution, with respect to the performance or waiver of any or all conditions set forth in this Clause 6.2 shall be final and shall bind the Parties. In the event CBD waives any material condition, CBD shall immediately disclose the material fact to the market with respect to such decision.
Distribution Conditions. The licenses granted under Sections 2.1 and 2.2 are conditioned upon and subject to the following restrictions:
(a) Licensee shall not allow the CIS Software to perform Automated Learning functionality in KPA or KPV or Derivative works thereof within Licensee's Products for a period of twelve (12) months from the Effective Date. Licensee, Licensee's customers and Licensee's Distributors shall not Publish in any manner the knowledge developed in KPA and/or KPV and any Derivative Work thereof for use with non-Licensee Products and/or on any non-Licensee supplied client viewer, with the exception of Inference's CBR II product.
(b) Content modified by users of KPA and/or KPV and any Derivative Work thereof shall only be viewable within the version of KPV and/or KPA (as the case may be) embedded in the Licensee Products or within Inference's CBR II product.
(c) Licensee may Distribute, and may permit a Distributor to Distribute, Licensee's Products under Section 2.2 only if such distribution is subject to a written license agreement with the Licensee customer, or at Licensee's option, a "shrinkwrap" or Internet "click" form of agreement. All such license agreements must contain provisions that:
Distribution Conditions. The Distributor may freely establish prices and conditions with respect to third parties.
Distribution Conditions. The balance in each partici-pant's elective account shall be fully vested at all times and shall not be subject to forfeiture for any reason. Amounts held in the participant's elective account may not be distributable prior to the earlier of,
(1) his retirement, termination of employment or death;
(2) his attainment of age fifty-nine and one-half (59 1/2);
(3) termination of the Plan without establishment of a successor Plan by the Company or an affiliated employer;
(4) the date of the sale by the Company to an entity that is not an affiliated employer of substantially all the assets, within the meaning of Code Section 409(d)(2), with respect to a participant who continues employment with the corporation acquiring such assets;
(5) the date of the sale by the Company or an affiliated employer of its interest in a subsidiary to an entity which is not an affiliated employer with respect to a participant who continues employment with such sub-sidiary; or
(6) proven financial hardship, subject to the limitations of Section 3.5.
Distribution Conditions. The date on which the conditions set forth in sub-clauses (a) and (b) below are both satisfied is referred to herein as the “Fee Commencement Date”.
(a) the consummation of a Take Private Transaction prior to the end of the Qualified Period, in which all Target Shares held by the Company immediately prior to the consummation of a Take Private Transaction are contributed to the Holdco in exchange for a corresponding number of Holdco Shares (a “Qualified Take Private Transaction”). For the purpose of this Section 5.5(a), the condition set forth in this Section 5.5(a) shall be deemed satisfied, if a Take Private Transaction is consummated prior to the end of the Qualified Period and (i) the Company (x) voluntarily withdraws from such Take Private Transaction with the written consent of the Class A Shareholder, or (y) involuntarily withdraws from such Take Private Transaction following the Class A Shareholder’s decision not to provide Equity Contribution to the Company to consummate such Take Private Transaction, or (ii) the Company is invited to participate in such Take Private Transaction but refuses to with the written consent of the Class A Shareholder. “Qualified Period” means the period starting on the Effective Date and ending on the second (2nd) anniversary of the Effective Date; provided that (i) the Qualified Period shall be extended to the third (3rd) anniversary of the Effective Date, if a Qualified Take Private Transaction has not been consummated by the end of the second (2nd) anniversary of the Effective Date but it is reasonably expected, by the Parties in good faith, that the consummation of a Qualified Take Private Transaction will take place before the third (3rd) anniversary of the Effective Date, and (ii) the Qualified Period shall be further extended to the fourth (4th) anniversary of the Effective Date, if a Qualified Take Private Transaction has not been consummated by the end of the third (3rd) anniversary of the Effective Date but it is reasonably expected, by the Parties in good faith, that the consummation of a Qualified Take Private Transaction will take place before the fourth (4th) anniversary of the Effective Date; and
Distribution Conditions. The balance in each participant’s elective account shall be fully vested at all times and shall not be subject to forfeiture for any reason. Amounts held in the participant’s elective account may not be distributable prior to the earlier of,
Distribution Conditions. The Distribution Conditions shall exist when (a) the final affirmative vote in favor of the merger contemplated by the Definitive Agreement by such shareholders of the REIT as are required to approve such merger shall have occurred and be effective, (b) the Definitive Agreement has not been terminated, (c) neither the Borrower, the REIT nor any of their Subsidiaries has received any notice that any event or circumstance has occurred which would permit, with notice or the passage of time, or both, the termination of the Definitive Agreement, and (d) after due inquiry, neither the Borrower, the REIT nor any of their Subsidiaries otherwise has any knowledge that, any event or circumstance has occurred which would permit, with notice or the passage of time, or both, the termination of the Definitive Agreement.
