Existing Terms. The existing terms and conditions of the Agreement shall remain in full force and effect except as such terms and conditions are specifically amended by, or conflict with, the terms of this Amendment.
Existing Terms. All other existing terms of employment and conditions of service not mentioned in this Agreement shall remain as before.
Existing Terms. This agreement replaces any existing terms applying to your connection to our distribution system.
Existing Terms. Any existing terms applying to your connection to our network (except for our tariff terms or another standard connection agreement) will apply instead of this agreement to the extent that they are inconsistent with this agreement.
Existing Terms. Reseller’s purchases are subject to this Agreement together with the Program Guide, the Tech Data’s General Terms of Business and Delivery (version TDNL-HLVW- 2013-v1 or later) the “Terms and Conditions”) stated on Tech Data’s website: (xxxx://xxx0.xxxxxxxx.xx/public01/nl/public/klantworden/downlo ad/TDNL_HLVW-2013-1LR.pdf) and on invoices issued by Tech Data, incorporated herein by reference and any additional terms and conditions specified in Tech Data’s online StreamOne portal and/or related Electronic Commerce terms (including Tech Data’s standard conditions- StreamOne Cloud reseller) . In the event of a conflict between the terms of this Agreement and the Terms and Conditions, this Agreement shall take precedence over with respect to the sale of the Products. For purposes of clarification, in the event of a conflict in terms, the following order of precedence shall apply: this Agreement, StreamOne terms and conditions, the local Electronic Commerce terms and conditions, if applicable, and the local Terms and Conditions.
Existing Terms. Reseller’s purchases are subject to this Rider , the Terms and Conditions of Sale (the “Terms and Conditions”) stated on Tech Data’s website (xxx.xxxxxxxx.xxx) and on invoices issued by Tech Data, incorporated herein by reference and any additional terms and conditions specified in Tech Data’s online StreamOne portal and/or related eCommerce terms. In the event of a conflict between the terms of this Rider and the Terms and Conditions, this Rider shall take precedence over with respect to the sale of the Products.
Existing Terms. All terms of the Leases will remain unchanged except for those provisions being amended as provided herein.
Existing Terms. Authorized Reseller’s purchases are subject to this Agreement together with the Program Guide, the Standard Terms and Conditions of Supply (the “Terms and Conditions”) stated on Tech Data’s website (xxx.xxxxxxxx.xx.xx/xxxxx) and on invoices issued by Tech Data, incorporated herein by reference and any additional terms and conditions specified in Tech Data’s online StreamOne portal and/or related Electronic Commerce terms. In the event of a conflict between the terms of this Agreement and the Terms and Conditions, this Agreement shall take precedence over with respect to the sale of the Products. For purposes of clarification, in the event of a conflict in terms, the following order of precedence shall apply: this Agreement, StreamOne terms and conditions, the local Electronic Commerce terms and conditions, if applicable, and the local Terms and Conditions.
Existing Terms. Deleting the definitions of the below terms in their entirety and substituting therefor the following new definitions:
(a) Consolidated Net Income, (b) Consolidated Net Interest Expense deducted in determining such Consolidated Net Income, (c) the amount of taxes, based on or measured by income, used or included in determining such Consolidated Net Income, (d) the amount of depreciation and amortization expense deducted in determining such Consolidated Net Income, (e) to the extent added or deducted in the calculation of Consolidated Net Income, all gains or losses in connection with restructuring the Xxxxxx Xxxxx license owned by Parent and its Subsidiaries in an aggregate amount not to exceed $3,000,000 in the aggregate for all periods, (f) to the extent deducted in the calculation of Consolidated Net Income, all costs in connection with the closure of certain business segments (including certain retail stores) relating to the Borrowers’ Koret and Sag Harbor names (including, but not limited to, severance, lease buy-outs, termination costs and losses on inventory), as well as other severance costs, contract termination costs, and costs associated with the shutdown of Borrowers’ Trenton, Tennessee distribution facility, in an aggregate amount not to exceed $1,500,000 during the term of this Agreement; provided, that the aggregate amount added back under this clause (f) for the Fiscal Year ending January 28, 2012 shall not exceed $1,000,000, (g) to the extent deducted in the calculation of Consolidated Net Income, any costs and expenses relating to environmental claims in respect of Borrowers’ New Haven property in an amount not to exceed $2,000,000 in the aggregate for all periods, (h) nonrecurring restructuring charges incurred during Fiscal Years 2012 and 2013, in an aggregate amount for both years not to exceed $1,750,000, to the extent not already covered by any of the clauses (a)-(g) above, (i) losses or expenses reflected in Consolidated Net Income as a result of (A) amounts paid to Sponsor in respect of management fees to the extent (1) permitted under Section 9.2.17 (but not to exceed $3,000,000 in any Fiscal Year) and (2) not included in Consolidated EBITDA for a prior period as accrued but unpaid management fees and expenses pursuant to clause (C) below, (B) amounts paid to Sponsor in respect of expense reimbursements to the extent permitted under Section 9.2.17, and (C) accrued but unpaid management fees and expenses payable to Sponsor permitte...
Existing Terms. Except as modified by definitive documentation and further to this term sheet, all original terms of the Debentures and associated documents shall remain in effect.
