Modification Conditions. The school reserves the right to modify any policy or fee by providing a 30-calendar-day notice to the individual(s) signing this contract.
Modification Conditions. ABC Preschool and Daycare reserves the right to change tuition at any time. A written notice of any rate change will be available 30 (thirty) calendar days prior to the effective date of change.
Modification Conditions. General: Parent understands and acknowledges that, under California law, Center may modify this agreement whenever circumstances covered in this agreement change, provided that any such modification shall be in writing and shall be signed and dated by Parent and Center.
Modification Conditions. 15.1. Supplier may not conduct any change on part and material specifications without implicit and written consent of Ege Fren.
15.2. Those modifications required in writing on the specifications of parts and materials approved by Ege Fren shall be realized within the period that is mutually agreed upon by the parties and shall be submitted to the approval of Ege Fren.
15.3. Should either party waives infringement of any provision hereof by other party, or does not demand any right arising from the agreement, this will not mean waiver of the whole right and will mean waiver of future infringement of such provision. It will not terminate validity of other provisions of the agreement and the entire agreement.
Modification Conditions. Initial GGLC reserves the right to change tuition at any time. A written notice of any rate change will be made available thirty (30) calendar days prior to the effective date of the change.
Modification Conditions. In the event that on or prior to the Deadline Date, PPDA:
(i) pays to GD and Kauai, collectively, in immediately available U.S. funds via wire transfer to an account designated by GD on or prior to the Deadline Date, $1,000,000 (the “GD Payment”);
(ii) pays to DD, in immediately available U.S. funds via wire transfer to an account designated by DD on or prior to the Deadline Date, $1,000,000 (the “DD Payment”);
(iii) transfers, assigns and conveys, and causes the Company to transfer, assign and convey, to GD and DD (or their designee) pursuant to the terms of the Bxxx of Sale attached hereto as Exhibit A (the “Bxxx of Sale”) the following assets, properties and rights, free and clear of any security interests, liens or encumbrances:
(A) the “cxxxxx.xxx” domain name (the “Domain Name”);
(B) the “cxxxxx.xxx” website (excluding PPDA’s or the Company’s digital signature technology and the programming code as of the date hereof, but including the programming code and content as of December 19, 2005) and all e-mail addresses that use or include the “cxxxxx.xxx” domain name (collectively, the “Website”);
(C) the following “cxxxxx.xxx” marks (collectively, the “Marks”): (1) the CXXXXX.XXX mxxx represented by U.S. Patent and Trademark Office (“PTO”) Registration Number 2502133 (the “First Mxxx”); and (2) the CXXXXX.XXX WE ARE E-COMMERCE mxxx represented by PTO Registration Number 2601124 (the “Second Mxxx”), and all filings, renewals and rights to make filings and renewals in respect of the Marks and all goodwill and common law rights associated with and in respect of the Marks;
(D) the right to use the cxxxxx.xxx name;
(E) the Company’s affiliate program as it pertains to cxxxxx.xxx, and all advertising, marketing, referral and link relationships, in all cases as they pertain to cxxxxx.xxx, providing links to the Domain Name or the Website (excluding any program participation of, or relationships with, Baron Design Group, Gxxxxxxx Xxxxxxx, and RapidVector); and
(F) all goodwill and common law rights associated with and in respect of the foregoing (the items in clauses (A) thru (F), collectively, the “Settlement Assets”);
(iv) without limiting the rights of the Shareholders (or their designee) under the Bxxx of Sale, provides the Shareholders (or their designee) with an assignment of the Second Mxxx for purposes of recording such assignment with the PTO, in the form attached hereto as Exhibit B (the “Second Mxxx Assignment”);
(v) provides the Shareholders with a wr...
Modification Conditions. The Land Owner, Resident and Secured Lender may recommend modifications or amendments to this Agreement by notifying the Land Owner, Resident and Secured Lender in writing of the recommended modification, and the reasons it is recommended, at least 60 days before the proposed effective date of the modification. For the recommended modification to be effective, the Land Owner and Resident must each agree in writing to the recommended changes and the Secured Lender must agree in writing to any recommended changes that adversely affect the rights of the Secured Lender under this Agreement or the value of its security interest in the Home and the Resident’s leasehold interest in the Home Site.
Modification Conditions. Initial Paatham reserves the right to change the tuition fees at any time. A written notice of any rate change will be made available thirty (30) days prior to the effective date of the cha ge.
Modification Conditions. This Modification shall not become effective until the date on which all of the following conditions are satisfied in the sole discretion of the Administrative Agent (collectively, THE "MODIFICATION CONDITIONS"):
(a) The Administrative Agent shall have received from each Loan Party that is a party thereto executed counterparts of this Modification, and, with respect to each Project, and in recordable form, the Modification of Deeds of Trust (hereafter defined) and the Modification of Assignments of Rents (hereafter defined).
(b) Borrowers' payment to the Administrative Agent of (i) the Revolving Loan Prepayment Amount and the Term Loan Prepayment Amount, together with any LIBOR breakage costs, (ii) the Unused Line Fee due and payable pursuant to the terms and provisions of SECTION 2.03(4) of the Loan Agreement for the portion of the calendar quarter in which such prepayment occurs and (iii) all reasonable costs and expenses of the Administrative Agent and the Lenders in connection with, or arising out of the negotiation, execution and delivery of this Modification (including the reasonable fees and expenses of counsel) and the consummation of the transactions contemplated by this Modification (including all title insurance charges and recording fees).
(c) The Borrowers shall deliver to the Administrative Agent (on behalf of the Lenders) such endorsements to the existing Title Policies and amendments to the Loan Documents as the Administrative Agent may reasonably request to protect its interests or to confirm the validity and priority of the Mortgages and any other Liens or collateral granted to Administrative Agent (on behalf of the Lenders) in connection with the Loans.
(d) The Administrative Agent shall have determined to its satisfaction (provided, however, that such determination shall be consistent with, and similar in substance to, the determination of such calculation as of the date of the Loan Agreement) that the Projects generate an annualized Net Operating Income sufficient to produce (a) an aggregate Cash on Cash Return of at least 12%; (b) an aggregate Debt Service Coverage of at least 1.25 to 1.00 and (c) a Portfolio LTV equal to, or less than, 77%.
(e) The Administrative Agent shall have determined to its satisfaction (provided, however, that such determination shall be consistent with, and similar in substance to, the determination of such calculation as of the date of the Loan Agreement) that the REIT Net Cash Flow Test and the REIT Net Wo...
