or Section 7 Clause Samples

or Section 7. 16 and such default shall not have been remedied within ten (10) Business Days after notice thereof shall have been given to the Borrower by the Agent or any Lender; or

or Section 7. 4.6, the Contracting Authority shall determine the adjustments, if any, of the Contract Sum and Contract Times. If the Contractor does not agree with the Contracting Authority’s determination, the Contractor shall initiate a Claim under Article 8 within 10 days of the date on whichthat the Contracting Authority issues its determination, and the Contractor’s failure to do so shall constitute an irrevocable waiver of the Claim.

or Section 7. 4. The Parties further agree that no Party to this Agreement shall be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this Section 8.5 and each Party waives any objection to the imposition of such relief or any right it may have to require the obtaining, furnishing or posting of any such bond or similar instrument. In addition, each of the Parties hereto irrevocably agrees that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other Party hereto or its successors or assigns, shall be brought and determined exclusively in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (or, if the Delaware Court of Chancery declines to accept jurisdiction over a particular matter, any state or federal court within the State of Delaware). Each of the Parties hereto hereby irrevocably submits with regard to any such action or proceeding for itself and in respect of its property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that it will not bring any action relating to this Agreement or the Merger in any court other than the aforesaid courts. Each of the Parties hereto hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any action or proceeding with respect to this Agreement, (i) any claim that it is not personally subject to the jurisdiction of the above named courts, (ii) any claim that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (iii) to the fullest extent permitted by applicable Law, any claim that (A) the suit, action or proceeding in such court is brought in an inconvenient forum, (B) the venue of such suit, action or proceeding is improper or (C) this Agreement, or the subject matter hereof, may not be enforced in or by such courts. To the fullest extent permitted by applicable Law, each of the Parties hereto hereby consents to the service of process in accordance with Section 8.7; pro...

or Section 7. 18 or subject to any restriction contained in any agreement or instrument between any Borrower and any Lender or any Affiliate of any Lender relating to Debt and within the scope of Section 9.1(d) will be Margin Stock.

or Section 7. 06. The Company shall inform the Noteholders in writing of the results of the Excess Proceeds Offer on or as soon as practicable after the Excess Proceeds Offer Payment Date.

or Section 7. 1 is violated, in whole or in part, Buyer shall be entitled in addition to damages upon application to any court of proper jurisdiction, to seek a temporary restraining order, preliminary injunction or permanent injunction, to restrain and enjoin such violation without prejudice as to any other remedies Buyer may have at law or in equity and Seller hereby consents to the issuance thereof by any court of competent jurisdiction. The Seller agrees that the restrictions in this Section 9.4

or Section 7. 8, the Company shall pay the Executive, or the Executive’s estate, as the case may be, on the date of termination of employment, the Executive’s salary up to the date of termination of employment, plus vacation pay and unreimbursed business expenses through the termination of his employment. In addition, if such termination occurs prior to the expiration of the Employment Period, the Company shall pay the Executive, or the Executive’s estate, as the case may be, on the date of termination of employment, severance pay equal to six months salary.

or Section 7. 1.1.2 would not be satisfied and, in the case of (a) or (b), such breach is incapable of being cured by the Outside Date.

or Section 7. 1 are reasonable and necessary for the protection of Buyer’s business and goodwill and that Buyer will suffer irreparable injury, for which monetary damages alone may be inadequate, if Seller engages in the prohibited conduct. If Buyer seeks a temporary restraining order, preliminary injunction or permanent injunction, Buyer shall not be required to post any bond with respect thereto, or, if a bond is required, it may be posted without surety thereon and Seller waives any requirement for the securing or posting of any bond in connection with such remedy. If any provision of this Section 9.4 is held by any court of competent jurisdiction to be unenforceable, or unreasonable, as to time, geographic area or business limitation, the parties agree that such provisions shall be and are hereby reformed to the maximum time, geographic area or business limitation permitted by applicable law and the court in each case shall reduce the necessary terms to a permissible duration, burden or scope. The parties further agree that, in such event, the remaining restrictions contained herein shall be severable and shall remain in effect and shall be enforceable independently of each other. Upon any breach of the covenants contained in this Section 9.4, whether or not there is litigation, the restrictions as to duration contained therein shall be deemed automatically extended for a period at least equal to the total period of such breach or breaches.