Management, Etc. (a) The Premises shall at all times be managed in a competent and professional manner appropriate for buildings similar to the Premises by either Borrower or a prominent professional managing agent approved by Lender (a "Manager") pursuant to a management agreement with the Manager approved by Lender (the "Management Agreement"), such approval not to be unreasonably withheld. Lender hereby approves Brentway Management LLC as the initial Manager. Notwithstanding anything to the contrary herein contained, any third party managing agent, and the terms and conditions of any management agreement therewith, or any amendment or modification of any management agreement theretofore approved by Lender, shall be subject to Lender's prior approval which may be granted or withheld in Lender's reasonable judgment.
(b) Borrower represents it has delivered to Lender a true, correct and complete copy of the Management Agreement, which Management Agreement is hereby approved by Lender, subject to the terms of the Assignment and Subordination, dated as of the date hereof, between Lender, Borrower and Manager (as the same may be amended, modified, supplemented, extended, consolidated, restated or replaced from time to time, the "Manager Assignment and Subordination"); provided, however, that the terms and conditions of any subsequent Management Agreement between Manager and Borrower, or any amendment or modification of any Management Agreement between Manager and Borrower, and any compensation of Manager with respect to its services performed at or in connection with the Premises (other than an extension of the existing Management Agreement for compensation which is no greater, and on terms and conditions no less favorable to Borrower, than those contained in the existing Management Agreement) are subject to approval by Lender in its sole but reasonable discretion.
(c) In the event that there shall have occurred and be continuing an Event of Default, then, upon Lender's request, Borrower shall replace the present Manager with a managing agent approved by Lender in its sole discretion.
Management, Etc. The senior management of the Loan Parties as of November 30, 2009 shall continue to be senior management of Parent upon confirmation of the Plan of Reorganization and no change of such senior management shall have been publicly announced. The business plan for Parent, Holdings and the Borrower on the Closing Date shall be consistent with that described in the Plan of Reorganization.
Management, Etc. Section 5.13 Financial Statements; Audit Rights Section 5.14 Maintenance of Non-Taxable Status Section 5.15 Lender's Attorneys' Fees and Expenses Section 5.16 Environmental Section 5.17 Report Updates Section 5.18 Lender Access to Property Section 5.19 Delivery of Documents Regarding Ownership Section 5.20 Conduct of Business
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto, and Administrative Agent shall have received copies of, and shall be satisfied with the form and substance of, any and all employment contracts with senior management of Borrower and its Subsidiaries.
Management, Etc. 10.1 Contractor shall have an implemented and documented system for quality management in accordance with the requirements stated in Appendix D.
10.2 Company's Representative and personnel authorised by him shall have the right to undertake quality audits and verification of Contractor's and Subcontractors' quality management.
10.3 Contractor shall adhere to any applicable laws and regulations and international recognised standards regarding ethic, anti-corruption, human rights etc, including, as a minimum ensuring that it has procedures in place to ensure that its activities are carried out in alignment with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Xxxx of Human Rights. FREYR 375 MWh Pilot Battery Plant Contract no.: CNT-FRY-0001 Contract Package: Casting and Unit Cell Assembly PART IIIPROGRESS OF THE WORK
Management, Etc. 5.12.1 The Properties are at all times to be managed on Borrower's behalf in a competent and professional manger by a professional managing agent ("MANAGER"). Prior to engaging such Manager or executing a Management Agreement such Manager and Management Agreement shall be subject to reasonable approval by Lender, in its sole and absolute discretion, it being understood that the Persons identified on Exhibit P are hereby approved by Lender. Borrower represents it has delivered to Lender a true, correct and complete copy of the Management Agreement between Manager and Borrower. Any compensation of Manager with respect to its services performed at or in connection with the Properties (other than an extension of the existing Management Agreement for compensation which is no greater, and on terms and conditions no less favorable to Borrower, than those contained in the existing Management Agreement not to exceed, in any event, the Maximum Management Fee) are subject to reasonable approval by Lender. As a condition to their retention as Manager, each Manager shall be required to execute and deliver to Lender a Manager consent to the Assignment of Management Agreement for the applicable Individual Property or in the form attached as Exhibit Q or in such other form as shall acceptable to Lender.
5.12.2 Borrower agrees that each Management Agreement shall provide that, at the request of Lender, Manger shall immediately resign and Lender may replace the Manager with a managing agent designated by Lender upon the occurrence of any of the following events: (a) any default described in Section 6.1.1 hereof; (b) any Event of Default which continues beyond any applicable grace and cure period; or (c) if on any DSCR Calculation Date, the Debt Service Coverage Ratio for the preceding twelve (12) months is less than 85% of the Net Operating Income on the Closing Date of the Initial Advance.
5.12.3 Lender agrees that Borrower may, from time to time, pursuant to the terms and conditions of the Management Agreement, terminate the Management Agreement provided that Borrower simultaneously therewith enters into a new Management Agreement with a Person having the requisite management experience and otherwise upon such terms, conditions and provisions as are reasonably acceptable to Lender including delivery to Lender, if required by the Rating Agencies, of a new "non-consolidation" opinion regarding the parties to the Management Agreement and their respective Affiliates acceptabl...
Management, Etc. If there is a mitigation plan for this site, provide the title, date, and location of the plan.] A proposed budget for this mitigation project is provided below.
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto.
Management, Etc of Company Properties JGC and JPI shall execute business operations, and manage and administer properties, with the duty of due care, from the conclusion of the Agreement to the Effective Date, and if they engage in any act which may significantly impact their properties and rights and obligations, they shall do so by agreement upon prior mutual consultation.
Management, Etc
