More Favorable Terms Clause Samples

More Favorable Terms. (a) If, at any time, any documentation governing the Second Lien Note Documents includes any representation, warranty, covenant (including financial covenants) or event of default or other term (but excluding “Applicable Margin”) that is more restrictive as to the Parent, the General Partner, the Borrower or any Restricted Subsidiary than the terms of this Agreement and the other Loan Documents (each, a “More Restrictive Term”), then (i) other than with respect to any More Restrictive Terms in the Second Lien Note Documents in existence on the Effective Date, on or prior to the third Business Day following the effectiveness of any such More Restrictive Term, as applicable, the Borrower shall notify the Administrative Agent thereof, and (ii) whether or not the Borrower provides such notice, the terms of this Agreement shall, without any further action on the part of the Borrower, the Administrative Agent or any Lender, be deemed to be amended automatically to include each More Restrictive Term in this Agreement, mutatis mutandis effective as of the date when such More Restrictive Term became effective under the Second Lien Note Documents. The Parent, the General Partner and the Borrower shall, and shall cause each Restricted Subsidiary to, promptly execute and deliver, each at its sole expense, an amendment to this Agreement and/or any Loan Document in form and substance reasonably satisfactory to the Administrative Agent evidencing the amendment of this Agreement and/or such other Loan Document to include such More Restrictive Terms in this Agreement; provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for this Section 8.23(a), but shall merely be for the convenience of the parties hereto. In addition, the Parent, the General Partner and the Borrower shall, and shall cause each Restricted Subsidiary to, promptly execute and deliver, each at its sole expense, an amendment to this Agreement in form and substance reasonably satisfactory to the Administrative Agent evidencing the amendment of this Agreement to include any changes to the terms of this Agreement to correct or address any incorrect section references, descriptions of documentation, use of defined terms and other similar matters between this Agreement and the terms of the Second Lien Note Purchase Agreement. (b) If at any time after this Agreement or any Loan Document is amended pursuant to Section 8.23(a) to inc...

More Favorable Terms. (a) Vendor shall only charge Rates to DIR and Prices that are no higher in the aggregate than the charges charged by Vendor directly to substantially similar Retail Third Party Customers for the provision of the same or substantially similar Services on substan- tially similar terms and conditions. (b) No later than each Contract Anniversary Date, Vendor shall certify to DIR, in writing, that it has been in full compliance with Section 3.04 (a) above at all times during the prior 12 month period. Any failure of Vendor to comply with this certification require- ment or any certification filed by Vendor that is not true shall constitute a Material Breach. The sole remedy if Vendor has breached Section 3.04 (a) above, Vendor shall be obligated to award DIR and /or Customer, as appropriate, Credits on the next appropriate Invoice that are equal to the overcharges paid as a result of any such breach. (c) DIR shall have the right, in its sole and absolute discretion, to conduct an audit of Vendor's compliance with this Section 3.04 pursuant to the procedures set forth in Exhibit B, Section 8.06. (d) Vendor represents and warrants that, as of the Effective Date, it shall comply pro- spectively with this Section 3.04.

More Favorable Terms. To the extent that any other forbearance, standstill or other similar agreement entered into by any Credit Party (any such agreement, a “Third Party Forbearance Agreement”), or any amendment to any Third Party Forbearance Agreement, in each case, entered into or agreed on or after the date of this Agreement and during the Forbearance Period, provides any benefit or right (including, without limitation, the benefit of a forbearance period of shorter duration than the Forbearance Period and the payment of any fees in connection with such forbearance) to any creditor party thereto that is more favorable than the benefits and rights provided to the Administrative Agent and the Forbearing Lenders under this Agreement, taking into account the terms and conditions of the underlying debt financing documents in effect with such creditor party, this Agreement shall be deemed to be amended so as to cause any such benefit or right to be incorporated into this Agreement concurrently with making any such benefit or right available, and on comparable terms as it is made available, to any such other creditor.

More Favorable Terms. In the event the Company enters into an indemnification agreement with another officer or director, as the case may be, containing terms more favorable to the Indemnitee thereof than the terms contained herein (and absent special circumstances justifying such more favorable terms), Indemnitee will be afforded the benefit of such more favorable terms and such more favorable terms will be deemed incorporated by reference herein as if set forth in full herein. As promptly as practicable following the execution thereof, the

More Favorable Terms. To the extent that any other forbearance, standstill or other similar agreement entered into by any Credit Party (any such agreement, a “Third Party Forbearance Agreement”), or any amendment to any Third Party Forbearance Agreement, in each case, entered into or agreed on or after the date of this Agreement and during the Forbearance Period, provides any benefit or right (including, without limitation, the benefit of a forbearance period of shorter duration than the Forbearance Period) to any creditor party thereto that is more favorable than the benefits and rights provided to the Administrative Agent and the Lenders under this Agreement, taking into account the terms and conditions of the underlying debt financing documents in effect with such creditor party, this Agreement shall be deemed to be amended so as to cause any such benefit or right to be incorporated into this Agreement concurrently with making any such benefit or right available, and on comparable terms as it is made available, to any such other creditor.

More Favorable Terms. 1. If the legislation of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties, in addition to this Agreement contain a regulation, whether general or specific, entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by this Agreement, such regulation shall to the extent that it is more favorable prevail over this Agreement. 2. More favorable terms than those of this Agreement which have been agreed to by one of the Contracting Parties with investors of the other Contracting Party shall not be affected by this Agreement.

More Favorable Terms. The COUNCIL agrees that should it enter into any Agreement with an individual EMPLOYER or group of EMPLOYERS to provide wages or working conditions more favorable to the EMPLOYER than are included in this Agreement, such more favorable wages and working conditions shall automatically be included in this Agreement.

More Favorable Terms. (a) If at any time when this Agreement is in effect, the Company provides to any director, officer, employee, agent or fiduciary more favorable indemnification terms than the indemnification terms provided under this Agreement, the Company will promptly notify Indemnitee of such change in terms and the Company shall grant equally favorable terms to Indemnitee as those granted to such other director, officer, employee, agent or fiduciary. The more favorable terms shall apply as of the effective date of the Company’s arrangement with its other director, officer, employee, agent or fiduciary, as applicable, and shall continue until the earlier of termination of this Agreement or the termination of such arrangement. (b) To the extent the Company maintains liability insurance applicable to directors, officers, employees, agents or fiduciaries, Indemnitee shall be covered by such policies in such a manner as to provide Indemnitee the same rights and benefits as are provided to the most favorably insured of the Company’s directors, if Indemnitee is a director; or of the Company’s officers, if Indemnitee is not a director of the Company but is an officer; or of the Company’s key employees, agents or fiduciaries, if Indemnitee is not an officer or director but is a key employee, agent or fiduciary.

More Favorable Terms. If the provision of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present Agreement or if any agreement between an investor of one Contracting Party and the other Contracting Party contain rules, whether general or specific entitling investments by investors of the other Contracting Party to a treatment more fovourable than is provided for the present Agreement, such rules shall to the extent that they are more favourable, prevail over the present Agreement.