DRAFT NOTE Sample Clauses

DRAFT NOTE. The number of options will be adjusted for any Thane recapitalization that occurs prior to the effective date of the employment agreements. (i) In the event the Corporation's EBIT equals or exceeds the Maximum Target EBIT for the fiscal years set forth in the chart above, the Executive shall be entitled to receive the full number of Options for such fiscal year. In the event the Corporation's EBIT equals or exceeds the Minimum Target EBIT but is less than the Maximum Target EBIT for such fiscal year as set forth in the chart above, then the Executive shall receive a ratable portion of the Options for such fiscal year as set forth in the chart above equal to the applicable number of Options for such period multiplied by the following fraction: (i) the numerator of which is the Corporation's EBIT less the Minimum Target EBIT for such fiscal year, and (ii) the denominator of which is the Maximum Target EBIT less the Minimum Target EBIT for such fiscal year. (ii) In the event that any portion of the 2002 Options is not earned pursuant to this Section 3(d), but the 2003 EBIT exceeds $13.0 million, then the 2003 EBIT in excess of $13.0 million shall be added to the 2002 EBIT to determine whether the 2002 Options have been earned by the Executive. (iii) In the event that any portion of the 2003 Options is not earned pursuant to this Section 3(d), but the 2004 EBIT exceeds $16.0 million, then the 2004 EBIT in excess of $16.0 million shall be added to the 2002 EBIT and/or the 2003 EBIT to determine whether the 2002 and/or the 2003 Options have been earned by the Executive. (iv) The Executive and the Corporation hereby agree that, effective as of the Commencement Date, any Options granted to the Executive by the Corporation prior to the Commencement Date shall be deemed to be expired and shall be of no further force and effect.
AutoNDA by SimpleDocs
DRAFT NOTE. If an alternative time for payment is preferred, insert special payment terms here. Any deferral of payments and/or contributions beyond the release of the Plan of Subdivision and/or commencement of construction should be secured, eg. by an Irrevocable Letter of Credit]
DRAFT NOTE. Insert any conditions listed in the subdivision approval or development permit, any unique or specific conditions/requirements to this development, etc.]
DRAFT NOTE subject to negotiation, insert number and full text of inapplicable conditions]; Without restricting in any manner whatsoever the terms, covenants, conditions and requirements of this Agreement, the subdivision and/or development contemplated within this Agreement shall proceed in the following manner, and subject to the satisfaction of the following requirements: A. Process 1 –
DRAFT NOTE subject to negotiation, insert number and full text of inapplicable conditions]; DEVELOPMENT AGREEMENT BETWEEN: AND Subdivision: Stage: Single Stage Development Agreement File: Doc. #: July 9, 2012 COUNTY OF VERMILION RIVER COUNTY OF VERMILION RIVER AND {09/03/2012 ,E1149320.DOC;2} MEMORANDUM OF AGREEMENT made this _ day of _, 20 _. a municipal corporation, (hereinafter referred to as "the County") a named Alberta Corporation duly authorized to carry on business in the Province of Alberta, (hereinafter referred to as "the Developer") OR the registered owner(s) of the “Lands”, as that term is defined herein (hereinafter referred to as "the Developer")
DRAFT NOTE. Insert any conditions listed in the development permit, any unique or specific conditions/requirements to this development, etc.]
AutoNDA by SimpleDocs

Related to DRAFT NOTE

  • Promissory Note The Promissory Note is enclosed. The Chief Financial Officer is required to sign it and return it to the OPWC Loan Officer, Xxxxx XxXxxx. It is preferable that you scan and email it to her at Xxxxx.XxXxxx@xxx.xxxxx.xx.xx but may also mail it to the address on our letterhead. Only use one method.

  • Revolving Note The Revolving Loans made by each Lender shall, in addition to this Agreement, also be evidenced by a promissory note of the Borrower substantially in the form of Exhibit K (each a “Revolving Note”), payable to the order of such Lender in a principal amount equal to the amount of its Commitment as originally in effect and otherwise duly completed.

  • Term Note The Term Loan shall be evidenced by the Term Note. At the time of the disbursement of the Term Loan or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of the Term Loan advanced hereunder, (ii) any accrued and unpaid interest owing on the Term Loan and (iii) all amounts repaid on the Term Loan. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the joint and several obligations of the Borrowers under the Term Note to repay the principal amount of the Term Loan, together with all interest accruing thereon.

  • NOTE For Community-­‐Based TLDs Only] Obligations of Registry Operator to TLD Community. Registry Operator shall establish registration policies in conformity with the application submitted with respect to the TLD for: (i) naming conventions within the TLD, (ii) requirements for registration by members of the TLD community, and (iii) use of registered domain names in conformity with the stated purpose of the community-­‐based TLD. Registry Operator shall operate the TLD in a manner that allows the TLD community to discuss and participate in the development and modification of policies and practices for the TLD. Registry Operator shall establish procedures for the enforcement of registration policies for the TLD, and resolution of disputes concerning compliance with TLD registration policies, and shall enforce such registration policies. Registry Operator agrees to implement and be bound by the Registry Restrictions Dispute Resolution Procedure as set forth at [insert applicable URL] with respect to disputes arising pursuant to this Section 2.19. Registry Operator shall implement and comply with the community registration policies set forth on Specification 12 attached hereto.]

  • Convertible Note 9 Section 3.8

  • Drafting Note Delete as applicable. This shall be the agent notified to the Delivery Body in the Generator’s FiT CfD Application as its agent for service of process, where the Applicant is not based in England/Wales. Annex 1 (Description of the Facility) Annex 2 (Modification Agreement)

  • Replacement Note Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft, destruction or mutilation of this Note, and in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory to Maker or, in the case of any such mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver to Holder in lieu thereof, a replacement note dated as of the date of this Note, identical in form and substance to this Note and upon such execution and delivery all references in the Mortgage to this Note shall be deemed to refer to such replacement note.

  • Swingline Note The Swingline Loans shall be evidenced by a duly executed promissory note of the Borrower to the Swingline Lender in the original amount of the Swingline Committed Amount and substantially in the form of Schedule 2.3(d).

  • Special Note The net present value calculation used to determine whether a loan should be modified based on the modification process above is distinct and different from the net present value calculation used to determine the covered loss if the loan is modified. Please refer only to the net present value calculation described in this exhibit for the modification process, with its separate assumptions, when determining whether to provide a modification to a borrower. Separate assumptions may include, without limitation, Assuming Bank’s determination of a probability of default without modification, a probability of default with modification, home price forecasts, prepayment speeds, and event timing. These assumptions are applied to different projected cash flows over the term of the loan, such as the projected cash flow of the loan performing or defaulting without modification and the projected cash flow of the loan performing or defaulting with modification. By contrast, the net present value for determining the covered loss is based on a 10 year period. While the assumptions in the net present value calculation used in the modification process may change, the net present value calculation for determining the covered loss remains constant. This agreement for reimbursement of loss sharing expenses on certain loans and other assets (the “Commercial Shared-Loss Agreement”) shall apply when the Assuming Bank purchases Shared-Loss Assets as that term is defined herein. The terms hereof shall modify and supplement, as necessary, the terms of the Purchase and Assumption Agreement to which this Commercial Shared-Loss Agreement is attached as Exhibit 4.15B and incorporated therein. To the extent any inconsistencies may arise between the terms of the Purchase and Assumption Agreement and this Commercial Shared-Loss Agreement with respect to the subject matter of this Commercial Shared-Loss Agreement, the terms of this Commercial Shared-Loss Agreement shall control. References in this Commercial Shared-Loss Agreement to a particular Section shall be deemed to refer to a Section in this Commercial Shared-Loss Agreement unless the context indicates that a Section of the Purchase and Assumption Agreement is intended.

  • Revolving Credit Note The obligation of the Borrowers to pay the Revolving Loan, with interest, shall be evidenced by a promissory note (as from time to time extended, amended, restated, supplemented or otherwise modified, the “Revolving Credit Note”) substantially in the form of EXHIBIT A-1 attached hereto and made a part hereof, with appropriate insertions. The Revolving Credit Note shall be dated as of the Closing Date, shall be payable to the order of the Lender at the times provided in the Revolving Credit Note, and shall be in the principal amount of the Revolving Credit Committed Amount. Each of the Borrowers acknowledges and agrees that, if the outstanding principal balance of the Revolving Loan outstanding from time to time exceeds the face amount of the Revolving Credit Note, the excess shall bear interest at the rates provided from time to time for advances under the Revolving Loan evidenced by the Revolving Credit Note and shall be payable, with accrued interest, ON DEMAND. The Revolving Credit Note shall not operate as a novation of any of the Obligations or nullify, discharge, or release any such Obligations or the continuing contractual relationship of the parties hereto in accordance with the provisions of this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!