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 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 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 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 ** or ** 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 ** and/or ** 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 ** and/or ** and any Derivative Work thereof shall only be viewable within the version of ** and/or ** (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. Subject to paragraph 5.1, Distributor shall not alter the Software, its packaging or the Sonic license agreement included with the Software. Distributor acknowledges that the Software is distributed to End Users subject to the terms of the applicable End User license for the Software.
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. Not later than 12:00 noon (New York, New York time) on the second Business Day prior to each Payment Date (but not any Special Distribution Date), the Calculation Agent shall determine if the following two conditions (the "Distribution Conditions" have been satisfied:
(i) whether the Available Collections Amount for such Payment Date is in an amount sufficient to pay the Interest Amount on the Class A Notes and the Expenses due and payable on such Payment Date; and
(ii) whether the Yield Coverage Ratio for the Interest Accrual Period ending on such Payment Date is equal to or greater than the Yield Coverage Ratio specified in the following table for such Payment Date: Payment Dates Interest Coverage Ratio April 1, 2005 to January 1, 2006 2.0 April 1, 2006 to January 1, 2007 3.0 April 1, 2007 to January 1, 2018 5.0
Distribution Conditions. The licenses granted under Sections 2.1 and 2.2 are conditioned upon and subject to the following restrictions:
(a) Licensee, Licensee’s customers and Licensee’s Distributors shall not publish in any manner the knowledge developed in XXXXXX and/or XXXXXX and any Derivative Work thereof for use with non-Licensee Products and/or on any non-Licensee supplied client viewer.
(b) Licensee may distribute and may permit a distributor to distribute Licensor’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:
(i) provide that the Licensee customer may only use the Licensee Product for its own internal business purposes and prohibit the Licensee customer from sub-licensing, transferring or otherwise disclosing the Licensee Product or any portion thereof to any other Person;
(ii) require the Licensee customer to retain and/or affix to any copies of the Licensee Product those Marks or other proprietary notices that appear on or in the original or as designated by Licensor;
(iii) contain the agreement of the Licensee customer not to reverse engineer or reverse compile or disassemble the Licensee Product to attempt to gain access to the underlying Source Code; and
(iv) Each Distributor must enter into a written agreement with its supplier of Licensee Products (i.e., Licensee or another Distributor) before any such Licensee Product is furnished to that Distributor. Such agreement must include provisions consistent with this Section and containing the relevant substance of this Section and which are not contradicted by or in conflict with other provisions in such agreement or any other agreement relating to the Licensee Products.
(c) Licensee shall use its best efforts to enforce all such license agreements with Distributors and Licensee customers to the extent Licensee does so with its own products, but at a minimum, Licensee shall use no less than commercially reasonable efforts in enforcing such license agreements.
(d) Licensor, when distributing Licensees Products, as defined under this Agreement, shall also abide by and comply with the terms and conditions set forth in this Section.
(e) Licensee shall send a copy of each sub-distribution contract entered into by Licensee pursuant to this license to Licensor within 3 (three) business days of execution of such agr...
Distribution Conditions. Developer acknowledges and agrees that distributions of Public Funds pursuant to this Construction Agreement shall be conditioned upon the following:
A. Developer shall have invested its equity in the Project to the Distribution Threshold, as provided in Section 7 above.
B. Developer shall have submitted an application for distribution in compliance with Section 9 of this Construction Agreement.
C. Developer shall be in full compliance with the terms and conditions of the Development Agreement.
D. Developer shall be in full compliance with the terms and conditions of this Construction Agreement.
E. All of the representations and warranties of Developer as contained in the Development Agreement and this Construction Agreement are true and correct as of the date of the application for distribution.
F. Developer is not in default beyond any applicable grace period with regard to any loan agreement, note, mortgage, contract or other obligation with regard to the Project.
G. Developer shall be in compliance with all applicable laws, regulations, codes and ordinances with respect to the Project.
H. Developer shall be in existence in accordance with the laws of the state of its organization and authorized to do business in the State of Indiana.
I. Developer’s application for distribution of Public Funds shall be fully authorized by all requisite corporate action.
J. Developer shall have complied with all applicable Indiana laws with regard to the use of the Public Funds, including, but not limited to, public bidding requirements.
K. Developer shall have delivered to BTDC true and correct copies of all of the architects’ contracts for the design of the Project.
L. Developer shall have delivered to BTDC true and correct copies of all of the construction contracts for the construction, rehabilitation and repair of the Project.
M. Developer shall have delivered to BTDC a true and correct copy of the Construction Plans for the Project.
