Maintenance of Value. The Licensee must use its best endeavours to preserve the value and validity of the CTM and in particular must:
(1) endeavour to create, promote and retain the goodwill in its business relating to the manufacture, production, provision or supply of the Products;
(2) use the CTM as follows:
(a) The CTM may be used in any material, promotions, packaging, menus or information relating to the Products.
(b) If displayed, the CTM must appear complete and in full and must not be cropped.
(c) The CTM may be displayed with any foreground and background colours including transparent or the Vegan Australia standard colour Pantone 363 C.
(d) The CTM may be displayed at any size and may be rotated, however the CTM must not be altered in terms of graphic proportions relating to the design.
(e) The CTM must not be used on packaging that also depicts any animals being exploited or harmed.
(3) not use the CTM accompanied by words describing the Products unless the CTM is distinguished from the descriptive surrounding and adjacent text.
Maintenance of Value. (a) Seller shall receive at Closing pursuant to this Agreement in excess of $500 million from the Adjusted Closing Cash Consideration. EOC agrees that until December 31, 2011, it will maintain a minimum of $500 million of such consideration (the “Minimum Consideration”) in EPC and/or EOC and shall not dividend or otherwise distribute any of such Minimum Consideration to any of Seller’s Affiliates, or use any of such Minimum Consideration to repay debt to any of Seller’s Affiliates or to satisfy any obligation on behalf of any of Seller’s Affiliates, other than (in each case) Seller’s own direct or indirect wholly-owned subsidiaries; provided, however, Seller may use all or any portion of such Minimum Consideration to (i) pay expenses or costs in connection with Seller’s general corporate purposes, (ii) keep such amounts as cash or cash equivalents and make other short-term investments of such amounts, (iii) acquire properties or other assets, (iv) make capital expenditures, including the payment of any Development Costs and Operating Expenses (as each such term is defined in the Joint Development Agreement), (v) satisfy the debt described in clause (a) of the definition of “Seller Debt Instruments” by making a payment to reduce the outstanding principal and interest thereunder to the extent such payment is made because of a mandatory reduction of the borrowing base under such Seller Debt Instrument in connection with the disposition of collateral to Buyer as part of the transactions contemplated by this Agreement and (vi) satisfy the debt described in clause (b) of the definition of “Seller Debt Instruments” by paying off the outstanding principal and interest under such Seller Debt Instrument and all of such uses shall be considered maintenance of such consideration in EPC and/or EOC as required pursuant to foregoing. To the extent that Seller or its direct or indirect wholly-owned subsidiaries uses all or any portion of such Minimum Consideration for the purposes set forth in clause (i), (iii), (iv), (v) or (vi), the amount required to be maintained by EOC as Minimum Consideration shall be decreased by the amount of such usage, and, in the event the amount required to be maintained by EOC as Minimum Consideration is reduced to zero, then this Section 3.11(a) shall thereafter terminate and be of no further force and effect, subject, however, to Section 3.11(b).
Maintenance of Value. If at any time the Value Requirement is not satisfied I shall, within three (3) business days (“Cure Period”) of the breach of the Value Requirement, take all remedial action necessary to restore the Value Requirement to satisfactory status. Remedial action may include the following in any combination or amount: (i) delivery of additional collateral to Lender; (ii) substitution of Qualified Assets providing little or no support to the Value Requirement with Qualified Assets providing greater support; (iii) payoff or reduction of the amount of Indebtedness due under the Credit Agreement; and/or (iv) conversional of Assets to cash. If the Value Requirement is not timely restored by me, Lender, through its First Interstate Bank Wealth Management Asset Management Team, will convert all or some of the Assets to cash as necessary to restore value and satisfy the Value Requirement. Although the Lender will attempt to notify me prior to remedial action to restore the Value Requirement, I understand that the Lender is not required to do so. Liquidation of Assets after the Cure Period will be at the sole discretion of the Lender’s Wealth Management Portfolio Manager.
Maintenance of Value. (a) The value of the currencies of members held in the General Resources Account shall be maintained in terms of the special drawing right in accordance with exchange rates under Article XIX, Section 7(a).
(b) An adjustment in the Fund's holdings of a member's currency pursuant to this Section shall be made on the occasion of the use of that currency in an operation or transaction between the Fund and another member and at such other times as the Fund may decide or the member may request. Payments to or by the Fund in respect of an adjustment shall be made within a reasonable time, as determined by the Fund, after the date of adjustment, and at any other time requested by the member.
Maintenance of Value. In the event the Margin Value of the Collateral, for any reason and at any time, is less than the required amount, Grantor shall, within three (3) business days, take all remedial action necessary to restore the Margin Value of the Collateral to the required amount. Remedial action may include the following in any combination or amount: (i) delivery of additional Collateral acceptable to Secured Party; (ii) replacement of assets providing little or no support to value requirements with assets providing greater support; and/or (iii) payoff of the Indebtedness (or if applicable, reduction thereof).
Maintenance of Value. The Licensee must use its best endeavours to preserve the value and validity of the Trade Mark and in particular must:
Maintenance of Value. If at any time the value requirements herein are not satisfied Owner shall, within three (3) business days, take all remedial action necessary to restore the value requirements to satisfied status. Remedial action may include the following in any combination or amount: (a) delivery of additional Collateral (or additional collateral pursuant to the Additional Security Agreement) acceptable to Bank; (b) substitution of assets providing little or no support to value requirements for assets providing greater support; (c) payoff of the Indebtedness under, relating to, or in connection with the Insurance Letters of Credit (or if applicable, reduction thereof); and/or (iv) conversion of assets to cash for any of the foregoing purposes.
Maintenance of Value. If on any three consecutive Business Days (i) the Current Value (computed as hereinafter provided) of the Verio Shares pledged pursuant to this Agreement plus any other collateral so pledged and any Verio Shares purchased by Salomon pursuant to the Share Purchase Agreement (the "Purchased Shares") between Salomon and Counterparty shall be an amount less than 250% of the Outstanding Aggregate Amount of the Master Confirmation then outstanding the Counterparty shall promptly, and in any event within two Business Days, at its option:
(a) pledge a sufficient number of shares of Capital Stock of Verio to Salomon,
(b) pledge a sufficient number of shares of other stock or securities acceptable to Salomon in its sole discretion, or
(c) effect an Optional Unwind of a portion of the Master Confirmation, Pledge Agreement so that after giving effect thereto (i) the Current Value of the Verio Shares plus any other collateral so pledged shall be an amount equal to at least 312.5% of the value of the Verio Shares pledged pursuant to this Agreement and any Verio Purchased Shares Outstanding Aggregate Amount then outstanding. The "Current Value" of any part of the Collateral shall be determined by Salomon based upon on the case of Collateral consisting of Verio Shares, the last sale price for the common stock of Verio on the applicable exchange and for all other Collateral, as may be determined by Salomon in its reasonable business judgement.
Maintenance of Value. (a) Seller shall receive at Closing pursuant to this Agreement in excess of $500 million from the Adjusted Closing Cash Consideration. EOC agrees that until December 31, 2011, it will maintain a minimum of $500 million of such consideration (the “Minimum Consideration”) in EPC and/or EOC and shall not dividend or otherwise distribute any of such Minimum Consideration to any of Seller’s Affiliates, or use any of such Minimum Consideration to repay debt to any of Seller’s Affiliates or to satisfy any obligation on behalf of any of Seller’s Affiliates, other than (in each case) Seller’s own direct or indirect wholly-owned subsidiaries; provided, however, Seller may use all or any portion of such Minimum Consideration to (i) pay expenses or costs in connection with Seller’s general corporate purposes, (ii) keep such amounts as cash or cash equivalents and make other short-term investments of such amounts, (iii) acquire properties or other assets, (iv) make capital expenditures, including the payment of any Development Costs and Operating Expenses (as each such term is defined in the Joint Development Agreement),
Maintenance of Value. If at any time the value requirements herein are not satisfied Debtor shall, within five (5) business days, after being notified thereof by Bank, take all remedial action necessary to restore the value requirements to satisfied status. Remedial action may include the following in any combination or amount: (i) assignment or delivery by Debtor of additional Pledged Collateral acceptable to Bank and/or (ii) permanent and irrevocable reduction by Debtor of the amount of the maximum Line of Credit amount in accordance with the Credit Agreement.
