Neither the Sample Clauses
Neither the. Consultant Company nor the Individual shall, during the Consultancy, either directly or indirectly publish the contents of any Materials or any other opinion, fact or material on any matter connected or relating to the business of the Company or any other Group Company (whether confidential or not) without the prior written approval of the Company.
Neither the. Medical School nor the Trust shall do or permit any act which might prejudice the novelty of an invention, process or development covered by this Clause 5.
Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof, conflicts or will conflict with, or results or will result in a breach of, any of the terms, conditions or provisions of any agreement, instrument or court or other governmental order to which the Lessee is now a party or by which it is bound, or constitutes or will constitute a default under any of the foregoing.
Neither the. Borrower nor any Subsidiary has executed the Credit Agreement or any other documents mentioned therein, or made any transfer or incurred any obligations thereunder, with intent to hinder, delay or defraud either present or future creditors of such Person.
Neither the. Concentration Account Agreement nor the arrangement contemplated thereby shall be modified by the Borrower without the prior written consent of Lender. Upon the occurrence of an Event of Default, upon the terms and subject to the conditions set forth in the Concentration Account Agreement, all amounts received in the Concentration Account shall be wired each Business Day into the Lender Account. Upon the occurrence and during the continuation of an Event of Default, or if the Lender deems itself insecure with respect to the Lender's good faith belief or suspicion that the Borrower has engaged in defalcation, intentional misrepresentation, or fraud, the Lender shall have the right to require the Borrower to establish, and thereafter maintain, lockbox arrangements satisfactory to Lender in respect of the Collections and to instruct all Account Debtors of Borrower to remit all Collections to such lockboxes. With respect to the Account Receivables, the Borrower shall and shall cause its Subsidiaries to, irrevocably instruct the Account Debtors to remit to the Concentration Account all payments to be made by check or other draft and all payments to be made by wire transfer. Until the Lender has advised the Borrower to the contrary after the occurrence and during the continuance of an Event of Default, the Borrower and its Subsidiaries may and will enforce, collect and receive all amounts owing on the Account Receivables for the Lender's benefit and on the Lender's behalf, but at the Borrower's expense; such privilege shall terminate, at the election of the Lender, upon the occurrence and during the continuance of any Event of Default. All Collections received directly by the Borrower or any Subsidiary from any Account Debtor or any other source (exclusive of Lender), whether as proceeds from Accounts Receivable, or as proceeds of any other Collateral, or otherwise, shall be received and held by the Borrower in trust for the Lender and deposited by the Borrower in original form and no later than the next Business Day after receipt thereof into the Concentration Account. The Borrower shall not commingle such collections with the Borrower's own funds or the funds of any Subsidiary or Affiliate of the Borrower or with the proceeds of any assets not included in the Collateral. All funds received in the Lender Account pursuant to this Section 7.01(a) shall be credited to the Loan Account for application at the end of each Business Day to reduce the then principal bal...
Neither the. University nor shall the Trustees or the UFF shall abridge any rights of faculty members related to union activity granted under Chapter 447, Florida Statutes, 2003, Florida law including but not limited to the right to assist or to refrain from assisting the UFF, or the exercise of any rights under this Agreement.
Neither the execution and delivery of the GE Capital Trade Payables Agreement, nor the consummation of the transactions contemplated by the GE Capital Trade Payables Agreement, nor compliance with the provisions of the GE Capital Trade Payables Agreement or instruments thereunder shall result in (i) the creation or imposition of any lien, claim, charge or encumbrance upon any of the Collateral, except in favor of Agent and Lenders or (ii) the incurrence, creation, assumption of any Indebtedness of any Borrower or Guarantor, except as expressly permitted under Section 9.9 of the Loan Agreement (after giving effect to this Amendment) and by the other Financing Agreements.
Neither the. Option Holder nor any other person legally entitled to exercise this option shall be entitled to any of the rights or privileges of a stockholder of the Company in respect of any shares issuable upon any exercise of this option unless and until a certificate or certificates representing such shares shall have been actually issued and delivered to him.
Neither the execution and delivery of this Agreement and the documents referenced herein, nor incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referenced herein, will conflict with or result in a material breach of any of the terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any -19- contract, indenture, mortgage, deed of trust, loan, agreement, lease or other agreements or instruments to which Seller is a party or by which any of the Seller's properties may be bound.
Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby will (either alone or in combination with another event) result in the payment of any amount that could, individually or in combination with any other such payment, constitute an "excess parachute payment," as defined in section 280G(b)(1) of the Code because, inter alia, the exemption set forth in Section 280G(b)(5)(A) for certain "small business corporations" as defined in Section 1361(b) of the Code (but without regard to Section 1361(b)(1)(C) thereof) applies with respect to the Company.