Equivalent Treatment Sample Clauses

Equivalent Treatment. Post commencement of operations of the Airport GoI shall not act or omit to act in a manner which discriminates against the Airport or BIAL in a way that provides other Major Airports with an unfair competitive advantage when compared to the Airport or BIAL, as the case may be. [For the purpose of this Article, “discrimination” refers only to the passage of administrative or executive orders that are discriminatory in nature in relation to the Airport and/or BIAL vis-à-vis other Major Airports and/or other airport operators but does not include the passage of laws or statutory, administrative or executive orders in relation to fiscal or tax matters It is clarified that for facilitating the establishment of another Major Airport the GoI (or any of its ministries and departments) provides concessions or grants of finance, land or other facilitation to establish such Major Airport the same shall not constitute discrimination for this Article.
Sample 1
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Equivalent Treatment. Except for the preferential treatment to be afforded to Transcap described herein, each of the Old Scottsdale Creditors shall be treated as favorably as the other Old Scottsdale Creditors are treated with respect to the payment of royalties required to be paid to the Old Scottsdale Creditors.
Sample 1
Equivalent Treatment. (a) The Company has advised the Investor that the Company has entered into that certain Investment Agreement dated May 26, 2008 (as the same has been amended by that certain First Amendment to Investment Agreement dated May 29, 2008, the “TRT Investment Agreement”) with TRT Holdings, LLC (“TRT”), pursuant to which TRT has purchased Common Stock and will purchase shares of the Company’s preferred stock. The Company hereby represents and warrants to the Investor that (i) except as previously disclosed in the Company’s public filings with the Securities and Exchange Commission, there are no agreements, side letters or understandings in existence or contemplated between the Company and TRT or its affiliates regarding an investment in the Company, the purchase or sale of debt or equity securities issued by the Company or otherwise regarding the matters that are the subject of the TRT Investment Agreement, or amending or supplementing the TRT Investment Agreement, and (ii) the preferred stock to be issued to TRT or its affiliates pursuant to the TRT Investment Agreement will be of the same series to be purchased by the Investor under the Investment Agreement. (b) The Company has advised the Investor that the Company intends to agree to issue additional subordinated notes and preferred stock on or about the date hereof to one or more third parties (collectively, the “Other Investors”). The Company hereby represents and warrants to the Investor that, other than the TRT Investment Agreement and any ancillary documents, certificates and instruments delivered pursuant to the terms thereof (not including any documents that substantively supplement, alter or amend the terms of the TRT Investment Agreement), except as consented to by the Investor (i) in connection with such purchases, each Other Investor will execute agreements in the same form as the Investment Agreement and the Note Purchase Agreement to be executed by the Investor and (ii) there are no agreements, side letters or understandings in existence or contemplated between the Company and such Other Investor other than the form of Investment Agreement or Note Purchase Agreement to be executed by each Other Investor. (c) From the date hereof through the date that is 180 days from the date hereof, the Company shall not enter into any agreement, arrangement or understanding with any Person relating to or contemplating the issuance of debt or equity securities of the Company or any of its subsidiaries containing ...
Sample 1
Equivalent Treatment. The Company hereby represents and warrants to each Party and agrees that the terms hereof are no less favorable in all material respects to the settlement terms agreed, or to be agreed, with each other Original Purchaser and/or Liquidated Damages Holder. [Signature Pages Follow]
Sample 1
Equivalent Treatment. The Company shall not make an offer to a holder of a DCC Note unless it makes an equivalent offer to all holders of DCC Notes.
Sample 1

Related to Equivalent Treatment

  • Consistent Treatment Unless and until there has been a Final Determination to the contrary, each Party agrees not to take any position on any Tax Return, in connection with any Tax Contest or otherwise that is inconsistent with (i) the treatment of payments between the Parent Group and the SpinCo Group as set forth in Section 5.4, (ii) the Tax Materials or (iii) the Intended Tax Treatment.

  • Fraudulent Transfer (a) Each Loan Party is Solvent. (b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.

  • Denial of Preferential Tariff Treatment The Customs Authority of the importing Party may deny a claim for preferential tariff treatment when: (a) the good does not qualify as an originating good; or (b) the importer, exporter or producer fails to comply with any of the relevant requirements of this Chapter.

  • Xxx Treatment We have not promised you any particular tax outcome from buying or holding the Note.

  • No Fraudulent Transfer Borrower (i) has not entered into the transaction or any Loan Document with the actual intent to hinder, delay, or defraud any creditor, and (ii) received reasonably equivalent value in exchange for its Obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the making of the Loan, exceed Borrower’s total liabilities, including subordinated, unliquidated, disputed and contingent liabilities. The fair saleable value of Borrower’s assets is, and immediately following the making of the Loan, will be, greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities on its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the making of the Loan will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur Indebtedness and liabilities (including contingent liabilities and other commitments) beyond its ability to pay such Indebtedness and liabilities as they mature (taking into account the timing and amounts of cash to be received by Borrower and the amounts to be payable on or in respect of the obligations of Borrower). No petition in bankruptcy has been filed against Borrower or any constituent Person of Borrower, and neither Borrower nor any constituent Person of Borrower has ever made an assignment for the benefit of creditors or taken advantage of any insolvency act for the benefit of debtors. Neither Borrower nor any of its constituent Persons are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower’s assets or properties, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.

  • Treatment The Asset Representations Reviewer agrees to hold and treat Confidential Information given to it under this Agreement in confidence and under the terms and conditions of this Section 4.08, and will implement and maintain safeguards to further assure the confidentiality of the Confidential Information. The Confidential Information will not, without the prior consent of the Issuer and the Servicer, be disclosed or used by the Asset Representations Reviewer, or its officers, directors, employees, agents, representatives or affiliates, including legal counsel (collectively, the “Information Recipients”) other than for the purposes of performing Reviews of Review Receivables or performing its obligations under this Agreement. The Asset Representations Reviewer agrees that it will not, and will cause its Affiliates to not (i) purchase or sell securities issued by the Seller or its Affiliates or special purpose entities on the basis of Confidential Information or (ii) use the Confidential Information for the preparation of research reports, newsletters or other publications or similar communications.

  • Domestic Preference The Borrower may grant a margin of preference in the evaluation of bids under international competitive bidding in accordance with paragraphs 2.55(a) and 2.56 of the Procurement Guidelines for domestically manufactured Goods.

  • Reorganization Treatment Neither the Company nor any Company Subsidiary has taken or agreed to take any action that would prevent the Merger from constituting a reorganization qualifying under the provisions of Section 368(a) of the Code.

  • Corporate Treatment The Board shall use its reasonable best efforts to take such actions as are necessary or appropriate to preserve the status of the Company as a partnership for U.S. federal (and applicable state and local) income tax purposes. If, however, the Board determines, in its sole discretion, for any reason (including the proposal, formally or informally, of legislation that could affect the Company’s status as a partnership for U.S. federal and/or applicable state and local income tax purposes) that it is not in the best interests of the Company to be characterized as a partnership, the Board may take whatever steps, if any, are needed to cause the Company to be or confirm that the Company will be treated as an association or as a publicly traded partnership taxable as a corporation for U.S. federal (and applicable state and local) income tax purposes, including by making an election to be taxed as a “C” corporation pursuant to the Code (a “Change in Tax Classification”), without any approval or vote of the Members required, and to make such filings, including without limitation, a Form 8832 with the Service, and to undertake such actions as required to effect such Change in Tax Classification. At the time and following any Change of Tax Classification, the Board shall have the right, without any approval or vote of the Members being required, to amend this Agreement as reasonably required to effect the Change in Tax Classification and to provide for the operations of the Company following such event. Notwithstanding anything in this Agreement to the contrary, in the event U.S. federal (and/or applicable state and local) income tax laws, rules or regulations are enacted, amended, modified or applied after the date hereof in such a manner as to require or necessitate that the Company no longer be treated as a partnership for U.S. federal (and/or applicable state and local) income tax purposes, then the first sentence of this Section 8.7 shall no longer apply.

  • Equivalence The importing Party shall accept the sanitary and phytosanitary measures of the exporting Party as equivalent, even if these measures differ from its own measures, if the exporting Party objectively demonstrates to the importing Party that its measures achieve the importing Party's appropriate level of sanitary and phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing, and other relevant procedures.

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