or 3 Sample Clauses

or 3. The Holder shall designate at the time of exercise whether the Holder is exercising an A Warrant or a B Warrant and the number of shares of Common Stock to be purchased respectively thereunder. This Warrant amends and restates, supersedes and replaces that certain Warrant dated July 1, 1997, among the Company, the Initial Holder and Capstar Broadcasting Partners, Inc.

or 3. 16 would apply to any of the Obligation. If any of the conditions of Sections 3.15 or 3.16 ever apply to a Lender, then such Lender shall, to the extent possible, carry or transfer its Borrowings at, to, or for the account of any of its branch offices or the office or branch of any of its Affiliates so long as the transfer is consistent with the other provisions of this Section, does not create any burden or adverse circumstance for such Lender that would not otherwise exist, and eliminates or ameliorates the conditions of Sections 3.15 or 3.16 as applicable.

or 3. [ALE Option 1 and Grassland Option 1]Separate conveyance of a portion of the [Insert Defined Term for Parcel] or division or subdivision of the [Insert Defined Term for Parcel] is prohibited, except where state or local regulations explicitly require subdivision to construct residences for employees working on the [Insert Defined Term for Parcel]. Grantor shall provide

or 3. [ALE Option 1 and Grassland Option 1]Separate conveyance of a portion of the [Insert Defined Term for Parcel] or division or subdivision of the [Insert Defined Term for Parcel] is prohibited, except where state or local regulations explicitly require subdivision to construct residences for employees working on the [Insert Defined Term for Parcel]. Grantor shall provide [ALE Option-3] The [Insert Defined Term for Parcel] shall not be divided or subdivided into, or separately conveyed as, more than farm or ranch parcels ( division(s) allowed). To ensure the future agricultural viability of the [Insert Defined Term for Parcel], the boundaries of such division(s) must be approved in writing by Xxxxxxx and the Chief of NRCS or his or her authorized designee (Chief of NRCS) before any such division, subdivision or separate conveyance occurs. The Chief of NRCS may only approve the division, subdivision or separate conveyance of the [Insert Defined Term for Parcel] into separately conveyable farm or ranch parcels when:

or 3. 4.3] except that it may be initiated by the Xxxx or University Librarian or by the Faculty member or Librarian. In either case it must be agreed upon by both parties and formalized in writing.

or 3 and delivered to the Borrower, shall be conclusive absent manifest error. The Borrower shall pay such Lender or the Issuing Bank, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.

or 3. If Borrower fails to specify a Type of Loan in a Borrowing Request, then the applicable Loan shall be made as a Eurodollar Rate Loan, unless otherwise required by Sections 3.2 or 3.3. A Eurodollar Rate Loan may not be converted to a Base Rate Loan, unless Administrative Agent elects to permit such conversion in Administrative Agent’s sole discretion, or unless otherwise required by Sections 3.2 or 3.

or 3. 2.1 above and the parties fail to reach a mutually satisfactory resolution after good faith negotiation within ninety (90) days after such failure; provided, in the event that the party which failed to meet the milestone used reasonable good faith efforts to accomplish such milestone, then the Agreement shall not terminate, but, at the election of the non-breaching party may be modified as follows: (a) if PACKARD fails to meet any milestone, except if such failure is caused by a failure by AURORA to meet an earlier milestone, AURORA may with notice to PACKARD elect to convert the exclusive license granted in Section 5.2.1 to a non-exclusive license, in which event the non-exclusive license shall have a term of five (5) years from the date that AURORA notified PACKARD of its intent to convert the license to a non-exclusive license; and (b) if AURORA fails to meet any milestone, except if such failure is caused by a failure by PACKARD to meet any earlier milestone, PACKARD may, with notice to AURORA elect itself to market, lease or sell PRODUCTS into the HTS and AUTOMATED CHEMISTRY markets during the periods that AURORA would otherwise have exclusive rights to conduct such activities pursuant to Sections 6.4.1 and 6.4.2.

or 3 shall be effective; (iii) without the prior written consent of all Lenders, no waiver of any Default or Event of Default shall be effective if the Default or Event of Default relates to Borrowers’ failure to observe or perform any covenant that may not be amended without the unanimous written consent of Lenders (and, where so provided hereinafter, the written consent of Agent) as hereinafter set forth in this Section 12.9.1; and (iv) the written agreement of all Lenders (except a defaulting Lender as provided in Section 3.2 of this Agreement) shall be required to effectuate any amendment, modification or waiver that would (a) alter the provisions of Sections 2.2, 2.4, 2.6, 2.7, 2.8, 2.9, 4.6, 4.7, 4.9, 4.10, 5.1, 12, 13, 14.2 or 14.3, (b) amend the definitions of “Pro Rata,” “Required Lenders,” “Availability Reserve,” “Borrowing Base” (and the other defined terms used in such definitions) or if the effect would be to increase the amount of Availability, any provision of this Agreement obligating Agent to take certain actions at the direction of the Required Lenders, or any provision of any of the Loan Documents regarding the Pro Rata treatment or obligations of Lenders, (c) increase or otherwise modify any of the Commitments (other than to reduce proportionately each Lender’s Commitment in connection with any overall reduction in the amount of the Commitments), (d) alter or amend (other than to increase) the rate of interest payable in respect of the Loans (except as may be expressly authorized by the Loan Documents or as may be necessary, in Agent’s judgment, to comply with Applicable Law), (e) waive or agree to defer collection of any fee, termination charge or other charge provided for under any of the Loan Documents (except to the extent that the Required Lenders agree after and during the continuance of any Event of Default to a waiver or deferral of any termination charge provided for in Section 5.2.3 hereof) or the unused line fee in Section 2.2.3 hereof, (f) subordinate the payment of any of the Obligations to any other Debt or the priority of any Liens granted to Agent under any of the Loan Documents to Liens granted to any other Person, except as currently provided in or contemplated by the Loan Documents in connection with Credit Parties’ incurrence of Permitted Purchase Money Debt, and except for Liens granted by an Obligor to financial institutions with respect to amounts on deposit with such financial institutions to cover returned items, pro...

or 3. A Term SOFR Loan may not be converted to a Base Rate Loan, unless Administrative Agent elects to permit such conversion in Administrative Agent’s sole discretion, or unless otherwise required by Sections 3.2 or 3.