exists. To do so, it shall:
(a) verify whether substantial and continuing financial operating deficits are projected by consistently applied generally accepted accounting principles to persist for at least three years;
(b) verify whether the persistence of such deficits would threaten the continued operation of the University;
(c) verify whether possible reductions have been made in all areas of the University's expenditures and whether in view of the University's needs and its established academic goals layoffs of members constitute a necessary type of cost saving; and
(d) verify whether the Board has made reasonable efforts to increase revenues to overcome the projected deficits.
exists. No consent of the Agent or the Borrower that would otherwise be required under this subsection (ii) shall be required in connection with an assignment by any Bank to any Affiliate of that Bank or to another Bank, that in each case is an Eligible Assignee; provided that such Bank shall have given prior written notice thereof to the Agent and the Borrower.
exists. For the purposes of this Indenture a “Competitor” of the Company or any of its Subsidiaries shall include (i) any Person which manufactures products directly or indirectly competitive with the products manufactured by the Company or any of its Subsidiaries or (ii) any Person which sells or otherwise distributes products directly or indirectly competitive with the products manufactured by the Company or any of its Subsidiaries or (iii) any Affiliate of any of the Persons described in the immediately preceding clause (i) or (ii) (other than Affiliates that are investment funds), in each case as reasonably determined by the Board of Directors of the Company.
exists. In the event of a justified withdrawal from the contract by PHNX CoLiving Hamburg, the customer will not be entitled to compensation.
exists. Any amendments to this offer shall be made in writing, signed by all parties, and copies shall be attached to all copies of the original offer. This offer shall be binding upon the parties, their heirs, administrators, executors, successors and assigns.
exists. Notwithstanding anything to the contrary in this clause (d), in no event will the Administrative Agent, any Lender or any Issuing Lender be required to pay any amount to any Borrower pursuant to this clause (e) the payment of which would place the Administrative Agent, such Lender or such Issuing Lender in a less favorable net after-Tax position 83 #93457508v14
exists. The Coq proof of Example 7 is shown below. At line 3, the exists tactic asserts that the proposition n = 0 is provable when n is replaced by 0. Coq responds by replacing the current goal with 0 = 0 (not shown). Then at line 4, the exact tactic asserts that eq refl 0 is a proof of 0 = 0, where eq refl is the constructor of an equality type eq as shown. 1> Goal exists n : nat, n = 0. 2> Proof. 3> exists 0. 4> exact (eq_refl 0). 5> Qed.
exists. If Licensee fails to fulfill any of the conditions set forth in this Section 4.01, Licensee shall give Licensor written notice of its desire to extend not less than [-------------]14 prior to the expiration of the initial Term. Within [----------]15 days from Licensor’s receipt of such notice, Licensor shall have the option to: (1) grant Licensee the Extension Term under the terms and conditions provided herein and in Exhibit C-2 attached hereto; or (2) grant the Extension Term under new terms and conditions to be negotiated and agreed by the parties; or (3) terminate the Agreement as provided herein. 13 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc. No. 10.132.13. 14 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc. No. 10.132.14. 15 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc. No. 10.132.15.
exists. The Tribe agrees to keep full and accurate financial records of operations of the Enterprise by such Replacement and to allow Manager to audit such records at reasonable times prior to full repayment to Manager of any amounts owed to it by the Tribe under the Transaction Documents, including without limitation, the Operating Note, and that Tribe's compliance with this paragraph shall not preclude the Manager from exercising any of its other rights and remedies hereunder or any document or agreement related hereto, including, without limitation, rights under the Operating Note and the Dominion Account Agreement.
exists. As of the date hereof, the United States income tax returns of the Borrower on a consolidated basis have been audited by the Internal Revenue Service through its Fiscal Year ending December 31, 1991, and there are no pending audits or investigations regarding the Borrower's or its Subsidiaries' federal, foreign, state or local tax returns. No tax liens have been filed and no claims are being asserted with respect to any such taxes which could reasonably be expected to have a Material Adverse Effect. The charges, accruals and reserves on the books of the Borrower and its Subsidiaries in respect of any taxes or other governmental charges are in accordance with Agreement Accounting Principles.