Other Operative Documents. This letter constitutes a Pre-lease Force Majeure Event Notice, given as provided in subparagraph 6(B) of the Construction Agreement to preserve the right of NAI to assert the occurrence of a Pre-lease Force Majeure Event. NAI certifies to BNPPLC that the following Pre-lease Force Majeure Event occurred or commenced on , 20___: [INSERT DESCRIPTION OF EVENT HERE] NAI’s preliminary good faith estimate of the Pre-lease Force Majeure Delays, of the Pre-lease Force Majeure Losses and of the Pre-lease Force Majeure Excess Costs likely to result from such event are days, $ and $ , respectively. Such amounts, however, are only estimates. NAI acknowledges that after NAI gives this notice, BNPPLC may at any time deliver an FOCB Notice to NAI as described in the Construction Agreement. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: Exhibit E Notice of Termination of NAI’s Work [Date] BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Agreement dated as of July 17, 2007 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.
Other Operative Documents. 75 Section 11.2 Opinions, Certificates and Appraisals...........................76 Section 11.3 Authorization of Actions to be Taken by the Trustee Under the Operative Documents.........................................77 Section 11.4 Authorization of Receipt of Funds by the Trustee Under the Operative Documents and the Support Documents...................77 Section 11.5 Agreement as to Fair Market Value...............................77 ARTICLE 12.
Other Operative Documents. NAI has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of NAI’s Intent to Terminate dated ___, 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of NAI’s Intent to Terminate has not been rescinded by NAI. NAI hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of NAI’s Intent to Terminate). This notice constitutes a “Notice of Termination by NAI” as described in subparagraph 7(B) of the Construction Management Agreement. NAI also acknowledges that a 97-10/Event has occurred under and as defined in the Construction Management Agreement, and that BNPPLC is thus entitled to demand and receive 97-10/Prepayments under and as provided in Paragraph 9 of that agreement. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Exhibit F Notice of NAI’s Intent to Terminate [Date] BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Re: Construction Management Agreement dated as of December 14, 2006 (the “Construction Management Agreement”) between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Management Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Management Agreement.
Other Operative Documents. The Company and, to the extent applicable, the Credit Parties, shall have executed and delivered to the Purchasers the Fee Letter, the Security Agreement, the Company Security Agreements, the Collateral Assignment of Material Agreements, the Intercompany Note, and the Perfection Certificate, in each case on or before the Closing Date.
Other Operative Documents. To secure the due and punctual payment, performance and observance of the Obligations, the Company has simultaneously with the execution of this Indenture entered into or caused to be assigned to the Trustee the other Operative Documents and has made an assignment and pledge of or otherwise transferred or caused to be transferred its right, title and interest in and to the Collateral to the Trustee pursuant to the other Operative Documents and in the manner and to the extent therein provided. Each Securityholder, by accepting a Security, agrees to all of the terms and provisions of each Operative Document (including, without limitation, the provisions providing for the release of Collateral), as the same may be in effect or may be amended from time to time pursuant to its terms and the terms hereof. The Company will execute, acknowledge and deliver to the Trustee such further assignments, transfers, assurances or other instruments as the Trustee may reasonably require or request, and will do or cause to be done all such acts and things as may be necessary or proper, or as may be reasonably required by the Trustee to assure and confirm to the Trustee the security interest in the Collateral contemplated hereby and by the other Operative Documents or any part thereof, as from time to time constituted, so as to render the same available for the security and benefit of this Indenture and of the Securities secured hereby, according to the intent and purposes herein expressed.
Other Operative Documents. Original copies, executed by each of the parties thereto in such reasonable number as shall be specified by the Purchaser, of each of the other Operative Documents to be executed and delivered in connection herewith;
Other Operative Documents. (a) To secure the due and punctual payment, performance and observance of the Obligations, the Company simultaneously with the execution of the Original Indenture entered into the Security Agreement and has granted a security interest on the Spare Parts Collateral to the Security Agent in the manner and to the extent therein provided and, simultaneously with the execution of this Indenture, the Company has entered into Amendment No. 1 to Security Agreement to secure, among other things, the Company's obligations with respect to the Subordinated Securities. WTC was appointed as Security Agent and authorized and directed to enter into the Security Agreement on the Original Closing Date. Each Noteholder, by accepting a Note, agrees to all of the terms and provisions of each Operative Document (including, without limitation, the provisions providing for the release of Collateral), as the same may be in effect or may be amended from time to time pursuant to its terms and the terms hereof. The Company will execute, acknowledge and deliver to the Trustee or the Collateral Agent such further assignments, transfers, assurances or other instruments as the Trustee may require or request, and will do or cause to be done all such acts and things as may be necessary or proper, or as may be reasonably required by the Trustee or the Collateral Agent to assure and confirm to the Trustee or the Collateral Agent the security interest in the Collateral contemplated hereby and by the other Operative Documents, as from time to time constituted, so as to render the same available for the security and benefit of this Indenture and of the Securities secured hereby, according to the intent and purposes herein expressed.
Other Operative Documents. The Company shall have executed and delivered to the Purchaser the Security Agreement, Put Call Agreement and the Perfection Certificate.
Other Operative Documents. Each of the other Operative Documents has been duly authorized by each of the Note Parties party thereto and as of the Closing Date, each of the other Operative Documents will have been duly executed and delivered by each of the Note Parties party thereto, and will constitute a valid and legally binding agreement of each of the Note Parties party thereto, enforceable against each of the Note Parties party thereto in accordance with its terms, subject to the Enforceability Exceptions.
Other Operative Documents. The following Operative Documents shall have been duly executed and delivered by a duly authorized officer of each party thereto, each in form and substance reasonably satisfactory to the Purchasers, and the Purchasers shall have received copies thereof: (i) this Agreement, (ii) the Security Agreement and (iii) the Intercreditor Agreement.
