Matters to be Disregarded Sample Clauses

Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract.
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Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement.
Sample 1Sample 2Sample 3See All (9)
Matters to be Disregarded. 4.1 in this paragraph 4 references to the “Tenant” include the predecessors in title to the Premises of the Tenant xxx any person claiming title to the Premises through or under the Tenant or any of them. 4.2 In agreeing or determining the market rent the effect upon it of the following matters shall be disregarded: (a) the occupation of the Premises or any other parts of the Building by the Tenant; (b) any goodwill attached to the Premises by reason of the carrying on at the Premises or any other parts of the Building of the business of the Tenant; (c) any improvements to the Premises or the Building made by the Tenant during the Term with the written consent of the Landlord other than those: (i) made by way of replacement of any of the items comprised in the list of landlord’s fixtures and fittings as listed in Schedule 1 paragraph 2.6; or (ii) made in pursuance of an obligation to the Landlord or in the case of an under-tenant to his immediate reversioner; or (iii) completed by the Tenant more than 21 years before the relevant review date; or (iv) in respect of which the Landlord has made or is under an obligation to make a financial contribution to the whole or part of the cost; or (d) any Ten—ant’s Requested Modifications and the Tenant’s Works as defined in and carried out under the Agreement for Lease; or (e) any work carried out to the Premises by the Tenant either before or after the grant of this Lease which, apart from this sub-paragraph, would diminish the market rent.
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Matters to be Disregarded. In agreeing or determining the market rent the effect upon it of the following matters shall be disregarded: 6.4.1 the occupation of the Demised Premises by the Tenant or any predecessor-in-title of the Tenant; 6.4.2 any goodwill attached to the Demised Premises by reason of the carrying on at the Demised Premises of the business of the Tenant or predecessors-in-title of the Tenant to that business; 6.4.3 any improvements to the Demised Premises made by the Tenant with the consent of the Landlord other than those: 6.4.3.1 made in pursuance of an obligation to the Landlord (except obligations requiring
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Matters to be Disregarded. In agreeing or determining the market rent the effect upon it of the following matters shall be disregarded:- 6.4.1 the occupation of the Demised Premises by the Tenant (or any predecessor-in-title of the Tenant) or any undertenant 6.4.2 any goodwill attached to the Demised Premises by reason of the carrying on at the Demised Premises of the business of the Tenant (or predecessors-in-title of the Tenant to that business) or any undertenant 6.4.3 any conditions restrictive of user or alienation contained in this Lease 6.4.4 any improvement of the Demised Premises or any part thereof carried out by the Tenant or any undertenant at its own expense with the consent (where required) of the Landlord other than in pursuance of an obligation to the Landlord
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Matters to be Disregarded. In agreeing or determining the market rent the effect upon it of the following matters shall be disregarded: 33 6.4.1 the occupation of the Demised Premises by the Tenant or any predecessor-in-title of the Tenant;
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Matters to be Disregarded. In agreeing or determining the market rent, the effect upon it of the following matters are to be disregarded: 4.1 the occupation of the Premises by the Tenant; 4.2 any goodwill attached to the Premises by reason of the carrying on at the Premises of the business of the Tenant; 4.3 any improvements to the Premises made by the Tenant with the consent of the Landlord other than those: 4.3.1 made in pursuance of an obligation to the Landlord; 4.3.2 completed by the Tenant more than 21 years before the relevant review date; or 4.3.3 for which the Landlord has made a financial contribution; 4.4 any works carried out by the Tenant which have diminished the market rent; and 4.5 any works carried out by the Tenant prior to the grant of this Lease including the Works (as defined in a licence for alterations to be entered into between the Landlord and the Tenant immediately after completion of this Lease); and in this paragraph 4, reference to "the Tenant" includes predecessors-in-title to the Tenant, and subtenants of the Tenant or of the predecessors-in-title of the Tenant.
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Matters to be Disregarded. Section 8.11 Obligations to Continue Section 8.12
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Matters to be Disregarded. 4.1 in this paragraph 4 references to the “Tenant” include the predecessors in title to the Premises of the Tenant xxx any person claiming title to the Premises through or under the Tenant or any of them. 4.2 In agreeing or determining the market rent the effect upon it of the following matters shall be disregarded: (a) the occupation of the Premises or any other parts of the Building by the Tenant; (b) any goodwill attached to the Premises by reason of the carrying on at the Premises or any other parts of the Building of the business of the Tenant; (c) any improvements to the Premises or the Building made by the Tenant during the Term with the written consent of the Landlord other than those:
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Related to Matters to be Disregarded

  • Not Responsible for Recitals or Issuance of Preferred Securities Guarantee The recitals contained in this Preferred Securities Guarantee shall be taken as the statements of the Guarantor, and the Preferred Securities Guarantee Trustee does not assume any responsibility for their correctness. The Preferred Securities Guarantee Trustee makes no representation as to the validity or sufficiency of this Preferred Securities Guarantee.

  • Not Responsible for Recitals or Issuance of Notes The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

  • Determination of Adjustments If any questions will at any time arise with respect to the Exercise Price or any adjustment provided for in Section 4.8, such questions will be conclusively determined by the Company’s Auditors, or, if they decline to so act any other firm of certified public accountants in the United States of America that the Company may designate and who will have access to all appropriate records and such determination will be binding upon the Company and the Holders of the Warrants.

  • Trustee Not Responsible for Recitals or Issuance of Notes The recitals and statements contained herein shall be taken as statements of the Partnership, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or of the Notes other than with respect to the Trustee’s authentication. The Trustee shall not be accountable for the use or application by the Partnership of the Notes or the proceeds thereof.

  • Trustee Not Responsible for Recitals The recitals herein contained are made by the Company and not by the Trustee, and the Trustee assumes no responsibility for the correctness thereof. The Trustee makes no representation as to the validity or sufficiency of this First Supplemental Indenture.

  • Notification of Adjustments With respect to each Adjustable Rate Mortgage Loan, the Servicer shall adjust the Mortgage Interest Rate on the related interest rate adjustment date and shall adjust the Monthly Payment on the related mortgage payment adjustment date, if applicable, in compliance with the requirements of applicable law and the related Mortgage and Mortgage Note. The Servicer shall execute and deliver any and all necessary notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and Monthly Payment adjustments. The Servicer shall promptly, upon written request therefor, deliver to the Master Servicer such notifications and any additional applicable data regarding such adjustments and the methods used to calculate and implement such adjustments. Upon the discovery by the Servicer or the receipt of notice from the Master Servicer that the Servicer has failed to adjust a Mortgage Interest Rate or Monthly Payment in accordance with the terms of the related Mortgage Note, the Servicer shall immediately deposit in the Custodial Account from its own funds the amount of any interest loss or deferral caused thereby.

  • Timing of Payments and Section 409A (a) Notwithstanding anything to the contrary in this Agreement, if at the time the Executive’s employment terminates, the Executive is a “specified employee,” as defined below, any and all amounts payable under this Agreement on account of such separation from service that would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6)-month period or, if earlier, upon the Executive’s death; except (A) to the extent of amounts that do not constitute a deferral of compensation within the meaning of Treasury regulation Section 1.409A-1(b) (including without limitation by reason of the safe harbor set forth in Section 1.409A-1(b)(9)(iii), as determined by the Companies in their reasonable good faith discretion); (B) benefits which qualify as excepted welfare benefits pursuant to Treasury regulation Section 1.409A-1(a)(5); or (C) other amounts or benefits that are not subject to the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”). (b) For purposes of this Agreement, all references to “termination of employment” and correlative phrases shall be construed to require a “separation from service” (as defined in Section 1.409A-1(h) of the Treasury regulations after giving effect to the presumptions contained therein), and the term “specified employee” means an individual determined by the Companies to be a specified employee under Treasury regulation Section 1.409A-1(i). (c) Each payment made under this Agreement shall be treated as a separate payment and the right to a series of installment payments under this Agreement is to be treated as a right to a series of separate payments. (d) In no event shall the Company, Parent or any of their Affiliates have any liability relating to the failure or alleged failure of any payment or benefit under this Agreement to comply with, or be exempt from, the requirements of Section 409A.

  • Headings; Interpretation All headings are for reference purposes only and do not affect the interpretation of this Agreement. The word “including” means “including, without limitation.” Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to calendar days.

  • Calculation of Amounts; Binding Effect of Interpretations and Actions of Master Servicer The Master Servicer will compute the amount of all distributions to be made on the Certificates and all losses to be allocated to the Certificates. In the event that the Master Servicer concludes that any ambiguity or uncertainty exists in any provisions of this Agreement relating to distributions to be made on the Certificates, the allocation of losses to the Certificates or otherwise, the interpretation of such provisions and any actions taken by the Master Servicer in good faith to implement such interpretation shall be binding upon Certificateholders.

  • Certification of Adjustments Whenever an adjustment is made as provided in Sections 11 and 13 hereof, the Company shall (a) promptly prepare a certificate signed by its Chief Executive Officer, its President or any Vice President and by the Treasurer or any Assistant Treasurer or the Secretary or any Assistant Secretary of the Company setting forth such adjustment and a brief statement of the facts giving rise to such adjustment, (b) promptly file with the Rights Agent and with each transfer agent for the Preferred Stock and the Common Stock a copy of such certificate and (c) mail a brief summary thereof to each holder of a Right Certificate (or, if prior to the Distribution Date, to each holder of a certificate representing shares of Common Stock) in accordance with Section 26 hereof. Notwithstanding the foregoing sentence, the failure of the Company to give such notice shall not affect the validity of or the force or effect of or the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any certificate prepared by the Company pursuant to Sections 11 and 13 and on any adjustment therein contained and shall not be deemed to have knowledge of any such adjustment unless and until it shall have received such certificate. Any adjustment to be made pursuant to Sections 11 and 13 of this Rights Agreement shall be effective as of the date of the event giving rise to such adjustment.

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