Individual Employee Liability to Lenders Sample Clauses

Individual Employee Liability to Lenders. The parties acknowledge that, from time to time, employees of Borrower may be required to execute and deliver, in their capacity as an officer, director or employee of Borrower, certain certificates to Agent and Lenders in relation to this Agreement or the transactions contemplated by this Agreement (“Certificates”). Agent and Lenders shall have no cause of action against any individual employee of Borrower based on any inaccuracy in any Certificate executed by or delivered to Agent and Lenders by such employee provided the employee does not knowingly provide false or misleading Certificates, and has acted in good faith. WITNESS the due execution hereof as of the day and year first above written. as Administrative Agent By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxx Xxxxxx Name: Xxxxxxx Xxxxxxx Title: SVP Title: CEO as a Lender, as Issuing Lender and as Swing Line Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: SVP By: /s/ Xxxxxxxxxxx Reo Day Name: Xxxxxxxxxxx Reo Day Title: Vice President By: /s/ Sanja Gazahi Name: Sanja Gazahi Title: Associate By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Executive Director By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Vice President By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: V.P. By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Relationship Manager Funded Debt to EBITDA Ratio** <0.75 to 1.0 ³0.75 to 1.0 and <1.5 to 1.0 ³1.5 to 1.0 and <2.25 to 1.0 ³2.25 to 1.0 Revolving Credit Eurodollar Margin 162.5 187.5 212.5 237.5 Revolving Credit Base Rate Margin 62.5 87.5 112.5 137.5 Revolving Credit Facility Fee 37.50 37.50 37.50 37.50 Letter of Credit Fees (exclusive of facing fees) 162.5 187.5 212.5 237.5 Term Loan Eurodollar Margin 200.0 225.0 250.0 275.0 Term Loan Base Rate Margin 100.00 125.0 150.0 175.0 * Level II pricing shall be in effect until the delivery of the financial statements for the quarter ending December 31, 2011, after which time the pricing grid shall govern. ** Definitions as set forth in the Credit Agreement. Comerica Bank $ 47,400,000 23.700000 % $ 25,100,000 25.100000 % $ 72,500,000 24.166667 % Bank of America $ 44,250,000 22.125000 % $ 23,250,000 23.250000 % $ 67,500,000 22.500000 % Union Bank $ 32,750,000 16.375000 % $ 17,250,000 17.250000 % $ 50,000,000 16.666667 % U.S. Bank $ 22,950,000 11.475000 % $ 12,050,000 12.050000...
Sample 1
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Individual Employee Liability to Lenders. The parties acknowledge that, from time to time, employees of Borrower may be required to execute and deliver, in their capacity as an officer, director or employee of Borrower, certain certificates to Agent and Lenders in relation to this Agreement or the transactions contemplated by this Agreement (“Certificates”). Agent and Lenders shall have no cause of action against any individual employee of Borrower based on any inaccuracy in any Certificate executed by or delivered to Agent and Lenders by such employee provided the employee does not knowingly provide false or misleading Certificates, and has acted in good faith. WITNESS the due execution hereof as of the day and year first above written. COMERICA BANK, as Administrative Agent By: /s/ Xxxxxx Xxxxxx Its: SVP COMERICA BANK, as a Lender, as Issuing Lender and as Swing Line Lender By: /s/ Xxxxxx Xxxxxx Its: SVP By: /s/ Xxxxxxx X. Xxxxxxx Its: Xxxxxxx X. Xxxxxxx, CEO CREDIT SUISSE AG, Cayman Islands Branch, as a Lender By: /s/ Xxxx X’Xxxx Its: Xxxx X’Xxxx, Director BANK OF AMERICA, N.A., as a Lender By: /s/ Illegible Its: Senior Vice President UNION BANK OF CALIFORNIA, as a Lender By: /s/ Illegible Its: Senior Vice President
Sample 1

Related to Individual Employee Liability to Lenders

  • Employee Liability In the event an employee becomes a defendant in a civil liability suit arising out of actions taken or not taken in the course of his/her employment for the state, he/she has the right to request representation and indemnification through his/her agency in accordance with RCW 4.92.060 and 070 and agency policy.

  • Employee Liabilities All Liabilities with respect to employees which -------------------- relate primarily to the Company Business.

  • Termination Liability If any Pricing Agreement shall be terminated pursuant to Section 7 hereof, the Company shall not then be under any liability to any Underwriter with respect to the Designated Securities covered by such Pricing Agreement except as provided in Section 4(a)(viii) and Section 6 hereof; but, if for any other reason Designated Securities are not delivered by or on behalf of the Company as provided herein, the Company will reimburse the Underwriters through the Representatives for all out-of-pocket expenses approved in writing by the Representatives, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of such Designated Securities, but the Company shall then be under no further liability to any Underwriter with respect to such Designated Securities except as provided in Section 4(a)(viii) and Section 6 hereof.

  • Probation for Newly Hired Employees (a) The Employer may reject a probationary employee for just cause. A rejection during probation shall not be considered a dismissal for the purpose of Article 11.2

  • Written Employee Jury Service Policy 54.2.1 Unless Contractor has demonstrated to the County’s satisfaction either that Contractor is not a “contractor” as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor must have and adhere to a written policy that provides that its Employees must receive from Contractor, on an annual basis, no less than five Days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with Contractor or that Contractor deduct from the Employee’s regular pay the fees received for jury service. 54.2.2 For purposes of this Paragraph 54.2 (Written Employee Jury Service Policy), “Contractor” means a person, partnership, corporation, or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts. “Employee” means any California resident who is a full-time employee of Contractor. “Full-time” means 40 hours or more worked per week, or a lesser number of hours if: i) the lesser number is a recognized industry standard as determined by the County, or ii) Contractor has a long- standing practice that defines the lesser number of hours as full-time. Full- time employees providing short-term, temporary services of 90 Days or less within a 12-month period are not considered full-time for purposes of the Jury Service Program. If Contractor uses any Subcontractor to perform Services for the County under this Contract, the Subcontractor is also be subject to the provisions of this Paragraph 54.2 (Written Employee Jury Service Policy). The provisions of this Paragraph 54.2 (Written Employee Jury Service Policy) must be inserted into any such Subcontract agreement and a copy of the Jury Service Program must be attached to the agreement.

  • Retired Employees An employee who retires from University service, at age 55 with five (5) years of service, age 50 with fifteen (15) years of service or at any age with thirty (30) years of service, who is eligible to maintain participation in the UPlan, may indefinitely maintain medical and dental coverage with the University at his/her own expense. Medicare coverage is primary for retirees over 65, and for totally disabled employees who qualify for Medicare, and must coordinate with the UPlan Retiree Medical plan options. If retired or totally disabled employees elect not to continue coverage in the UPlan at the time they leave employment, they may not elect to do so at a later date. (see also Section 5E.)

  • Form B - Contractor’s Annual Employment Report Throughout the term of the Contract by May 15th of each year the Contractor agrees to report the following information to the State Agency awarding the Contract, or if the Contractor has provided Contract Employees pursuant to an OGS centralized Contract, such report must be made to the State Agency purchasing from such Contract. For each covered consultant Contract in effect at any time between the preceding April 1st through March 31st fiscal year or for the period of time such Contract was in effect during such prior State fiscal year Contractor reports the: 1. Total number of Employees employed to provide the consultant services, by employment category. 2. Total number of hours worked by such Employees.

  • Former Employees All Employees terminating service with the Employer during the Plan Year and who have satisfied the eligibility requirements based on the terms of the Employer's accumulated benefits plans checked below (select all that apply; leave blank if no exclusions): a. [ ] The Former Employee must be at least age (e.g., 55) b. [ ] The value of the sick and/or vacation leave must be at least $ (e.g., $2,000) c. [ ] A contribution will only be made if the total hours is over (e.g., 10) hours d. [ ] A contribution will not be made for hours in excess of (e.g., 40) hours

  • Rehired Employees Amounts forfeited upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or re-credited if an individual is subsequently rehired or re-employed by the School Corporation. However, if the board shall have approved a leave of absence of not more than one (1) fiscal year for an employee, such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave.

  • Newly Hired Employees All employees hired to an insurance eligible position must make their benefit elections by their initial effective date of coverage as defined in this Article, Section 5C. Insurance eligible employees will automatically be enrolled in basic life coverage. If employees eligible for a full Employer Contribution do not choose a health plan administrator and a primary care clinic by their initial effective date, and do not waive medical coverage, they will be enrolled in a Benefit Level Two clinic (or Level One, if available) that meets established access standards in the health plan with the largest number of Benefit Level One and Two clinics in the county of the employee’s residence at the beginning of the insurance year. If an employee does not choose a health plan administrator and primary care clinic by their initial effective date, but was previously covered as a dependent immediately prior to their initial effective date, they will be defaulted to the plan administrator and primary care clinic in which they were previously enrolled.

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