Equivalent Consideration. (a) If the Bank Facility shall be amended, modified or supplemented after the date hereof and during the Covenant Relief Period, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to
Equivalent Consideration. (a) If, at any time after the Second Amendment Effective Date, any Material Credit Facility shall be amended, modified or supplemented, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to increase the interest rate applicable to any Debt incurred thereunder, then the interest rate applicable to the Notes shall be the interest rate otherwise in effect therefor plus a number of basis points equal to the interest rate increase (expressed in basis points) applicable from time to time to Debt outstanding under such Material Credit Facility as a result of such amendment, modification or supplement. Any such increased interest rate applicable to the Notes shall be effective as of the date of effectiveness of the increased interest rate applicable to such Material Credit Facility and shall remain in effect until the date such increased interest rate shall no longer apply to such Material Credit Facility.
Equivalent Consideration. (a) If any of the Note Agreements shall be amended, modified or supplemented after the First Amendment Date and during the Covenant Relief Period, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to increase the interest rate applicable to any notes issued under the Note Agreements during the Covenant Relief Period then the interest rate applicable to any Accommodation (or the stamping fee in the case of Bankers’ Acceptances and the Issuance Fee in the case of Letters of Credit) shall be the interest rate (or fee) otherwise in effect therefor plus a number of basis points equal to the interest rate increase (expressed in basis points) applicable from time to time to any outstanding note under the Note Agreements as a result of such amendment. In addition, the standby fees payable pursuant to Section 4.2(g) of the Credit Agreement will increase by 20% of the amount that the stamping fee applicable to Bankers’ Acceptances increases. Any such increased interest rate (or fee) applicable to the Accommodations or any such increased standby fee shall be effective as of the date of effectiveness of the increased interest rate applicable to such notes and shall remain in effect until the earlier of (A) the end of the Covenant Relief Period or (B) the date such increased interest rate shall no longer apply to such notes.
Equivalent Consideration. (a) If at any time any Note Document shall be amended, modified or supplemented, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to increase the interest rate applicable to any Notes issued thereunder, then the interest rate applicable to any Accommodation (or the acceptance fee in the case of Bankers' Acceptances and the issuance fee in the case of Letters of Credit) shall be the interest rate (or fee) otherwise in effect therefor plus a number of basis points equal to the interest rate increase (expressed in basis points) applicable from time to time to any outstanding note under the Note Purchase Agreements as a result of such amendment, modification or supplement. In addition, the standby fees payable under this Agreement will increase by 25% of the amount that the acceptance fee applicable to Bankers' Acceptances increases. Any such increased interest rate (or fee) applicable to the Accommodations or any such increased standby fee shall be effective as of the date of effectiveness of the increased interest rate applicable to such notes and shall remain in effect until the date such increased interest rate shall no longer apply to such notes.
Equivalent Consideration. If any consideration described in a ROFO Notice is not cash and cannot be matched in kind, in whole or in part, by Vendor, the ROFO Notice shall include the bona fide estimate of Purchaser of the value, in cash, of such consideration. If Vendor does not agree that the estimate of the cash value of the non-cash consideration described in a ROFO Notice is reasonable, it shall provide written notice thereof to Purchaser within fourteen (14) days of receipt of the ROFO Notice. If such notice is not provided Vendor shall be deemed to have agreed that the cash value estimate was reasonable. If such notice is provided, the dispute shall be resolved pursuant to arbitration in accordance with article 11. The equivalent cash consideration determined by such dispute resolution shall thereupon be used to determine the sale price, in cash, for the ROFO Interest.
Equivalent Consideration. The obligations of Subscriber with respect to an Approved Transaction are subject to the Subscriber’s receipt, upon the consummation of the Approved Transaction, of a substantially equivalent form of consideration and amount of consideration per share as is receivable by the Approving Stockholders, and upon substantially the same terms and conditions with respect to such shares as those applicable to the Approving Stockholders.
Equivalent Consideration. The obligations of the Purchaser with respect to an Approved Transaction are subject to the Purchaser’s receipt, upon the consummation of the Approved Transaction, of a substantially equivalent form of consideration and amount of consideration per share as is receivable by the Approving Stockholders, and upon substantially the same terms and conditions with respect to such shares as those applicable to the Approving Stockholders.
