Maintenance Releases and Upgrades Sample Clauses

Maintenance Releases and Upgrades. During the Term, Company shall make the Maintenance Releases available to Licensee if, as and when Company makes any such Maintenance Release generally available to its Licensees. If a question arises as to whether a product offering is an Upgrade or a new product or feature, Company’s opinion shall prevail, provided that Company treats the product offering consistently for its Licensees generally.
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Maintenance Releases and Upgrades. Licensee and its Affiliate Sublicensees may, in connection with providing maintenance and support services to their respective customers, produce Maintenance Releases and Upgrades in object code form for distribution to customers who are or who will be using the Licensed Software.
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Maintenance Releases and Upgrades. During the Support Services Term, BEA shall make the Maintenance Releases available to Customer if, as and when BEA makes any such Maintenance Release generally available to its customers. If a question arises as to whether a product offering is an Upgrade or a new product or feature, BEA's opinion will prevail, provided that BEA treats the product offering as a new product or feature for its end user customers generally.
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Maintenance Releases and Upgrades. During the term of this Agreement, DNNCORP shall make Maintenance Releases and Upgrades available to LICENSEE if, as and when DNNCORP makes any such Maintenance Releases or Upgrades generally available to its customers. If a question arises as to whether a product offering is an Upgrade or a new product or feature for which an incremental Fee is applicable, DNNCORP’s opinion will prevail, provided that if DNNCORP deems the product offering to be a new product or feature it will adopt this determination for all its end user customers generally and not for LICENSEE alone.
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Maintenance Releases and Upgrades. During the Support Services Term, Tarsin shall make Maintenance Releases, including all Updates and Upgrades, available to Licensee if, and when Tarsin makes any such Maintenance Releases generally available to its customers. If a question arises as to whether a product offering is an Upgrade or a new product or feature, Tarsin's opinion will prevail, provided that Tarsin generally treats the product offering as a new product or feature for its end user customers.
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Related to Maintenance Releases and Upgrades

  • Mortgage Releases The terms of the related Mortgage or related Mortgage Loan documents do not provide for release of any material portion of the Mortgaged Property from the lien of the Mortgage except (a) a partial release, accompanied by principal repayment, or partial defeasance (as described in paragraph 34) of not less than a specified percentage at least equal to 110% of the related allocated loan amount of such portion of the Mortgaged Property, (b) upon payment in full of such Mortgage Loan, (c) upon a Defeasance (defined in paragraph 34 below), (d) releases of out-parcels that are unimproved or other portions of the Mortgaged Property which will not have a material adverse effect on the underwritten value of the Mortgaged Property and which were not afforded any value in the appraisal obtained at the origination of the Mortgage Loan and are not necessary for physical access to the Mortgaged Property or compliance with zoning requirements, or (e) as required pursuant to an order of condemnation. With respect to any partial release under the preceding clauses (a) or (d), either: (x) such release of collateral (i) would not constitute a “significant modification” of the subject Mortgage Loan within the meaning of Treasury Regulations Section 1.860G-2(b)(2) and (ii) would not cause the subject Mortgage Loan to fail to be a “qualified mortgage” within the meaning of Section 860G(a)(3)(A) of the Code; or (y) the mortgagee or servicer can, in accordance with the related Mortgage Loan documents, condition such release of collateral on the related Mortgagor’s delivery of an opinion of tax counsel to the effect specified in the immediately preceding clause (x). For purposes of the preceding clause (x), if the fair market value of the real property constituting such Mortgaged Property after the release is not equal to at least 80% of the principal balance of the Mortgage Loan (together with any related Pari Passu Companion Loans) outstanding after the release, the Mortgagor is required to make a payment of principal in an amount not less than the amount required by the REMIC Provisions. Exh. C-12 In the case of any Mortgage Loan, in the event of a taking of any portion of a Mortgaged Property by a State or any political subdivision or authority thereof, whether by legal proceeding or by agreement, the Mortgagor can be required to pay down the principal balance of the Mortgage Loan (together with any related Pari Passu Companion Loans) in an amount not less than the amount required by the REMIC Provisions and, to such extent, the award from any such taking may not be required to be applied to the restoration of the Mortgaged Property or released to the Borrower, if, immediately after the release of such portion of the Mortgaged Property from the lien of the Mortgage (but taking into account the planned restoration) the fair market value of the real property constituting the remaining Mortgaged Property is not equal to at least 80% of the remaining principal balance of the Mortgage Loan (together with any related Pari Passu Companion Loans). No such Mortgage Loan that is secured by more than one Mortgaged Property or that is cross-collateralized with another Mortgage Loan permits the release of cross-collateralization of the related Mortgaged Properties or a portion thereof, including due to a partial condemnation, other than in compliance with the REMIC Provisions.

  • RELEASES AND WAIVERS Each of the releases and waivers enumerated in this Article 5 shall become effective only upon the Closing of the contribution and exchange of the Participating Entity Interests pursuant to Articles 1 and 2 herein.

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