Notwithstanding Sections 16 Sample Clauses

Notwithstanding Sections 16. 1 and 16.2, either party may disclose Proprietary Information to its employees, agents, and legal, financial, and accounting advisors and providers (including its lenders and other financiers) to the extent necessary or appropriate in connection with the negotiation and/or performance of this Agreement or its obtaining of financing, provided that each such party is notified of the confidential and proprietary nature of such Proprietary Information and is subject to or agrees to be bound by similar restrictions on its use and disclosure.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Notwithstanding Sections 16. 1 and 16.2 above, confidential information shall not include information disclosed by the receiving Party as required by applicable law or regulation; provided, however, that the information -------- ------- disclosed is limited to the existence and general nature of the relationship between EBS and Customer, including, as required, the scope, approximate revenues, purposes and expectations related to such relationship and a description of any disputes relating thereto and the disclosing Party uses reasonable efforts to provide the other Party with written notice of such potential disclosure, prevent such disclosure, and provide the other Party with a reasonable opportunity to secure the confidential protections thereof. Notwithstanding the foregoing, this Agreement may be provided to any governmental agency or court of competent jurisdiction to the extent required by applicable law.
Sample 1Sample 2
Notwithstanding Sections 16. 4(a) and (b) above, with respect to employees eligible for the Retiree Medical Plan (in accordance with Section 16.3(a)), who retire on or after January 1, 2023 and during the term of this Agreement, will pay retiree medical contributions not less than the Pay Band 1 contributions for active employees, as set forth in the table in Section 16.2(b)(2) above. This subsection does not apply to the TRICARE Supplement Plan referred to Sections 16.4(a) and (b) above.
Sample 1
Notwithstanding Sections 16. 1 and 16.2, the Region acknowledges and agrees that the Owner shall be permitted to assign this Agreement and the Owner’s rights herein, without the consent of the Region, to any transferee of a portion of the Building Site pursuant to severances effected in accordance with consent applications currently in progress, provided that the assignee(s) shall enter into an agreement with the Region assuming the Owner’s obligations under this Agreement with respect to the portion of the Building Site so transferred.
Sample 1
Notwithstanding Sections 16. 2 and 16.3, if a Party has knowledge that a third party Patent Right might be asserted with respect to particular uses of its product, such Party shall not be considered in breach of Section 16.2 or 16.3, as applicable, with respect to such Patent Right or product to the extent that the Party in good faith labels the product, as of the Effective Date, in a manner that reasonably restricts the uses of the product that are licensed or authorized in light of the third party Patent Right.
Sample 1
Notwithstanding Sections 16. 01 and 16.02 above, Tenant shall have the right, without Landlord’s consent, to sublet the Premises or any part thereof, or assign this Lease to any of Tenant’s parent, subsidiary or affiliated companies, or to any successor entity purchasing all or substantially all of the assets or voting stock of Tenant provided, however, as a condition to any such assignment (i) both Tenant and the assignee shall be solvent at the time of each such subletting and/or assignment, (ii) Tenant shall provide Landlord at least ten (10) business days prior written notice of each such subletting and/or assignment, (iii) no such subletting and/or assignment shall release Garden Fresh Restaurant Corp.’s obligation or alter the primary liability of Garden Fresh Restaurant Corp. to pay Rental hereunder and to perform all obligations to be performed by Tenant under this Lease and (iv) no such subletting and/or assignment shall release or in any way alter the obligations of any guarantor of this Lease.
Sample 1
Notwithstanding Sections 16. 3.1 and 16.3.2, in the event that the agreement is terminated pursuant to section 16.2.1.1, EMI at its option may liquidate all completed assemblies, work in process and all other materials procured under this agreement, in such a case CUSTOMER shall remain liable to EMI for the difference between the liquidated amount received and the amount owing by CUSTOMER under 16.3.1 and 16.3.2.
Sample 1
AutoNDA by SimpleDocs
Notwithstanding Sections 16. 1 and 16.2, Orchid may perform any service or enter into any collaboration or research project with respect to a SNP submitted to [*****] CONFIDENTIAL MATERIAL OMITTED AND FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERICKS DENOTE SUCH OMISSIONS Orchid by any third party after the Effective Date that is the same SNP as an AZ SNP.
Sample 1
Notwithstanding Sections 16. 02(a) or (b), each of the Members may disclose Confidential Information (i) to the extent that such party is legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information, (ii) for purposes of reporting to its stockholders and direct and indirect equity holders the performance of the Company and its Subsidiaries and for purposes of including applicable information in its financial statements to the extent required by applicable Law or applicable accounting standards; (iii) to any bona fide prospective purchaser of the equity or assets of a Member, or the Common Units held by such Member, or a prospective merger partner of such Member (provided, that (i) such Persons will be informed by such Member of the confidential nature of such information and shall agree in writing to keep such information confidential in accordance with the contents of this Agreement and (ii) each Member will be liable for any breaches of this Section 16.02 by any such Persons), or (iv) to the extent required to be disclosed by applicable Law. Notwithstanding any of the foregoing, nothing in this Section 16.02 will restrict in any manner the ability of the Corporation to comply with its disclosure obligations under Law, and the extent to which any Confidential Information is necessary or desirable to disclose.
Sample 1

Related to Notwithstanding Sections 16

  • Pursuant to Section 6 2(a) of the Collateral Agency Agreement and subject to the conditions set forth in Section 13.1(b), the Initial Beneficiary hereby designates a portion of the Closed-End Units included in the Revolving Pool for allocation to a new Reference Pool, referred to as the "20[ ]-[ ] Reference Pool," within the Closed-End Collateral Specified Interest. Upon the effectiveness of this Exchange Note Supplement, the Initial Beneficiary shall direct the Titling Trustee and the Closed-End Collateral Agent to allocate or cause to be identified and allocated on their respective books and records the "20[ ]-[ ] Reference Pool," to be separately accounted for and held in trust independently from any other Asset Pool. Such Reference Pool shall initially include the Closed-End Units identified on Schedule 1 to this Exchange Note Supplement, which Closed-End Units shall belong exclusively to the 20[ ]-[ ] Reference Pool, and all other Titling Trust Assets to the extent related to such Closed-End Units (other than cash which does not constitute Closed-End Collections received after the Cut-Off Date, as specified in Section 13.2(a)(iii)); provided, that, any Closed-End Collections received on or prior to the Cut-Off Date for any such Closed-End Units identified on Schedule 1 shall not be allocated to the 20[ ]-[ ] Reference Pool.

  • Amendments to Section 6 01(a). Section 6.01(a) of the Credit Agreement is hereby amended by:

  • Pursuant to Section 3 03 of the Indenture Supplement, on each Distribution Date, the Indenture Trustee shall deposit into the Class A(2017-3) Interest Funding sub-Account the portion of Card Series Finance Charge Amounts allocable to the Class A(2017-3) Notes.

  • Pursuant to Section 4 01, any amounts collected by a Servicer or the Master Servicer under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with the related Servicing Agreement) shall be deposited into the Distribution Account, subject to withdrawal pursuant to Section 4.03. Any cost incurred by the Master Servicer or the related Servicer in maintaining any such insurance (if the Mortgagor defaults in its obligation to do so) shall be added to the amount owing under the Mortgage Loan where the terms of the Mortgage Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Sections 4.01 and 4.03.

  • Pursuant to Section 2.1 of this Agreement, the Seller conveyed to the Trust all of the Seller’s right, title and interest in its rights and benefits, but none of its obligations or burdens, under the Purchase Agreement including the Seller’s rights under the Purchase Agreement and the delivery requirements, representations and warranties and the cure or repurchase obligations of AmeriCredit thereunder. The Seller hereby represents and warrants to the Trust that such assignment is valid, enforceable and effective to permit the Trust to enforce such obligations of AmeriCredit under the Purchase Agreement. Any purchase by AmeriCredit pursuant to the Purchase Agreement shall be deemed a purchase by the Seller pursuant to this Section 3.2 and the definition of Purchased Receivable.

  • Amendments to Section 1.01. Section 1.01 of the Credit Agreement is amended as follows:

  • Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:

  • Amendments to Section 7 11. Section 7.11 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:

  • Pursuant to Section 5 10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into the Guarantee Agreement as Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery, after the date hereof, by the Administrative Agent and such Subsidiary of an instrument in the form of Annex I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

  • Amendments to Section 3 5. Section 3.5 of the Credit Agreement is hereby amended and restated in its entirety as follows:

Time is Money Join Law Insider Premium to draft better contracts faster.