Exclusivity of Sections Sample Clauses

Exclusivity of Sections. Each of Sections 5.8 and 5.10 are exclusive and the provisions thereof may only be relied upon by any party hereto if the provisions of one of the other of such sections are not at the same time being relied upon by the same or another party hereto.
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Exclusivity of Sections. Each of Sections 3.4, 3.4, 3.6 and 3.7 are exclusive and the provisions thereof may only be relied upon by any party hereto if the provisions of one of the other of such Sections are not at the same time being relied upon by the same or another party hereto.
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Exclusivity of Sections. Each of Sections 3.6, 3.7 and 3.8 are exclusive and the provisions of such sections may only be relied upon by any Party to this Agreement if the provisions of one of the other of such Sections are not at the same time being relied upon by the same or another Party to this Agreement, provided that if, during the 45 day period referred to in Section 3.6(3), a Shareholder (the "Dragging Shareholder") receives an offer from a Third Party to purchase all of the Shares and Securities which is accepted by the Accepting Shareholders as contemplated in Section 3.8 and the purchase price under such offer is at least equal to the purchase price referred to in the relevant First Refusal Notice pursuant to which such 45 day period has commenced and provided that the Selling Shareholder pursuant to Section 3.6 has entered into a binding agreement of purchase and sale, then the Dragging Shareholder shall be entitled to send the notices contemplated in Section 3.8 and proceed with a transaction of purchase and sale as contemplated in Section 3.8 (but subject to compliance with the provisions of Section 3.8), notwithstanding that the 45 day period as contemplated in Section 3.6(3) may have commenced. In such circumstances, the Selling Shareholder shall be entitled to complete the transaction of purchase and sale to the Third Party as contemplated in Section 3.6(3), provided that such Third Party purchaser acknowledges and agrees to be bound by the terms of this Agreement including, without limitation, the obligation to sell the Shares purchased from the Selling Shareholder pursuant to the offer received by the Dragging Shareholder and accepted by the Accepting Shareholders as contemplated in Section 3.8.
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Exclusivity of Sections. 10 ARTICLE FOUR - CONFIDENTIAL INFORMATION
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Related to Exclusivity of Sections

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 4 4. Pursuant to Section 9.2 of the Indenture, Section 4.4(b) of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 9 05. In respect of the 2018 Notes only, the provisions of Section 9.05 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted]”. Such provisions shall be deemed not to have been deleted in respect of the 2021 Notes.

  • Amendment of Section 3 Section 3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following: Term. Unless otherwise terminated in accordance with Sections 8, 9, 10 or 11, the Employment Term shall be for a term ending April 30, 2015. This Agreement shall be automatically renewed for successive additional Employment Terms of one (1) year each unless notice of termination is given in writing by either party to the other party at least thirty (30) days prior to the expiration of the initial Employment Term or any renewal Employment Term.

  • Application of Section 409A Notwithstanding anything to the contrary herein, the following provisions apply to the extent severance benefits provided herein are subject to Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively “Section 409A”). Severance benefits shall not commence until Executive has a “separation from service” for purposes of Section 409A. If Executive is a “specified employee” within the meaning of 409A(a)(2)(B)(i) of the Code, any installment payments of Disability Base Salary Payments pursuant to Section 6.3(b) or Cash Compensation Amounts pursuant to Section 6.5(b) or 6.6(b) that are triggered by a separation from service shall be accelerated to the minimum extent necessary so that (a) the lesser of (y) the total cash severance payment amount, or (z) six (6) months of such installment payments are paid no later than March 15 of the calendar year following such termination, and (b) all amounts paid pursuant to the foregoing clause (a) will constitute separate payments for purposes of Section 1.409A-2(b)(2) of the Treasury Regulations and thus will be payable pursuant to the “short-term deferral” rule set forth in Section 1.409A-1(b)(4) of the Treasury Regulations. It is intended that if Executive is a “specified employee” within the meaning of Section 409A(a)(2)(B)(i) of the Code at the time of such separation from service the foregoing provision shall result in compliance with the requirements of Section 409A(a)(2)(B)(i) of the Code because payments to Executive will either be payable pursuant to the “short-term deferral” rule set forth in Section 1.409A-1(b)(4) of the Treasury Regulations or will not be paid until at least 6 months after separation from service. The severance benefits are intended to qualify for an exemption from application of Section 409A or comply with its requirements to the extent necessary to avoid adverse personal tax consequences under Section 409A, and any ambiguities herein shall be interpreted accordingly.

  • For purposes of Sections 1.1 and 1.4, the Company shall be the designee of the Fund for receipt of purchase and redemption orders from the Account, and receipt by such designee shall constitute receipt by the Fund; provided that the Company receives the order by 4:00 p.m. Baltimore time and the Fund receives notice of such order by 9:30 a.m. Baltimore time on the next following Business Day. "Business Day" shall mean any day on which the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC.

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