Override Provision Sample Clauses

Override Provision. Notwithstanding any provision in the Repurchase Agreement to the contrary, which are hereby pro tanto superseded and modified or replaced mutatis mutandis to the extent of any inconsistency, the provisions in this Amendment shall apply from and after the date hereof.
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Override Provision. In the event that the Board shall in good faith determine that the Corporation needs to close the sale of New Issue Securities more quickly than would be possible if the Corporation were required to comply with the provisions of Sections 4.1.1, 4.1.2 and 4.1.3, then notwithstanding anything to the contrary in this Section 4.1, the Corporation may sell New Issue Securities without compliance with the requirements of Sections 4.1.1, 4.1.2 and 4.1.3 hereof, provided, that, no later than five (5) calendar days following the initial closing of the sale of such New Issue Securities (the “Securities Closing”), the Corporation shall offer to each of the Stockholders the right to purchase up to such Founder’s Pro Rata Share of the amount of such New Issues Securities (after giving effect to any New Issues Securities issued or sold by the Corporation at the Securities Closing) plus any oversubscription rights, to the extent applicable, in accordance with the applicable provisions of Sections 4.1.1, 4.1.2 and 4.1.3 hereof and on the same terms and conditions as the New Issues Securities issued and sold at the Securities Closing.
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Override Provision. In the event that the Board shall in good faith determine that the Corporation needs to close a Proposed Loan more quickly than would be possible if the Corporation were required to comply with the provisions of Sections 4.2.1, 4.2.2 and 4.2.3, then notwithstanding anything to the contrary in this Section 4.2, the Corporation may obtain a Proposed Loan without compliance with the requirements of Sections 4.2.1, 4.2.2 and 4.2.3 hereof, provided, that, no later than five (5) calendar days following the initial closing of such Proposed Loan (a “Closed Stockholder Loan”), the Corporation shall offer to each of the Stockholders the right to participate for up to such Founder’s Pro Rata Share of the amount of the Closed Stockholder Loan (after giving effect to the outstanding amount of the Closed Stockholder Loan) in accordance with the applicable provisions of Sections 4.2.1, 4.2.2 and 4.2.3 hereof and on the same terms and conditions as the Closed Stockholder Loan.
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Override Provision. Notwithstanding any provision in the Amended Agreements to the contrary, which are hereby pro tanto superseded and modified or replaced mutatis mutandis to the extent of any inconsistency, the provisions in this Agreement shall apply from and after the date hereof.
Sample 1
Override Provision. Notwithstanding any provision in the Loan Agreement or Amendment No. 4 to the contrary, which are hereby pro tanto superseded and modified or replaced mutatis mutandis to the extent of any inconsistency, the provisions in this Amendment shall apply from and after the date hereof until the Termination Date. This Amendment shall be a “Loan Document” for all purposes under the Loan Agreement and the other Loan Documents. This Section 6 shall survive the termination of the Loan Agreement and the repayment in full of all amounts owing to the Lender under the Loan Agreement, the Note, and the other Loan Documents.
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Override Provision. Notwithstanding any provision in either the Credit Agreement, the Custodial Agreement or any Loan Document to the contrary, which are hereby pro tanto superseded and modified or replaced mutatis mutandis to the extent of any inconsistency, the provisions in this Amendment shall apply from and after the date hereof.
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Related to Override Provision

  • Restrictive Provisions As consideration for the foregoing payments, Executive agrees not to challenge the enforceability of any of the restrictions contained in Sections 5, 6 or 7 of this Agreement upon or after the occurrence of a Change of Control.

  • Protective Provisions So long as shares of Series A Preferred --------------------- Stock and/or Series B Preferred Stock are outstanding, this corporation shall not without first obtaining the approval (by vote or written consent, as provided by law) of the holders of a majority of the then outstanding shares of Series A Preferred Stock and Series B Preferred Stock, voting together as a single class on an as converted basis:

  • Notice Provision Any notice, payment, demand or communication required or permitted to be delivered or given by the provisions of this Agreement shall be deemed to have been effectively delivered or given and received on the date personally delivered to the respective party to whom it is directed, or when deposited by registered or certified mail, with postage and charges prepaid and addressed to the parties at the addresses set forth below opposite their signatures to this Agreement.

  • EXPENSE PROVISION Until this agreement shall be amended or terminated pursuant to Section 2 or Section 5 hereof, the Manager agrees, with respect to Class Z6, to pay or provide for the payment of any fee or expense allocated at the class level and attributable to Class Z6 and waive a portion of the management fee payable by such class, such that the ordinary operating expenses incurred by Class Z6 in any fiscal year (excluding (i) taxes; (ii) the fees and expenses of all Trustees of the Trust who are not “interested persons” of the Trust or of the Adviser; (iii) interest expenses with respect to borrowings by the Fund; (iv) Rule 12b-1 fees, if any; (v) expenses of printing and mailing proxy materials to shareholders of the Fund; (vi) all other expenses incidental to holding meetings of the Fund’s shareholders, including proxy solicitations therefor; and (vii) such non-recurring and/or extraordinary expenses as may arise, including actions, suits or proceedings to which the Fund is or is threatened to be a party and the legal obligation that the Fund may have to indemnify the Trust’s Trustees and officers with respect thereto) as well as non-operating expenses such as brokerage commissions and fees and expenses associated with the Fund’s securities lending program, if applicable, will not exceed the annual rate set forth in Schedule A of the average daily net assets of the class (computed in the manner set forth in the Trust’s Trust Instrument) throughout the month. For avoidance of doubt, it is understood that this agreement shall not apply to any other class other than Class Z6 of the Fund.

  • Forfeiture Provision The Executive shall forfeit any unpaid benefit hereunder, if the Executive, directly or indirectly, either as an individual or as a proprietor, stockholder, partner, officer, director, employee, agent, consultant or independent contractor of any individual, partnership, corporation or other entity (excluding an ownership interest of three percent (3%) or less in the stock of a publicly-traded company):

  • Forfeiture Provisions A. During the period the retirement benefit is payable to the Director under Section 1 of this Agreement, the Director shall not engage in business activities which are in competition with the Association without first obtaining the written consent of the Association.

  • Avoidance Provisions It is the intent of each Guarantor, the Administrative Agent and the Guarantied Parties that in any Proceeding, such Guarantor’s maximum obligation hereunder shall equal, but not exceed, the maximum amount which would not otherwise cause the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties) to be avoidable or unenforceable against such Guarantor in such Proceeding as a result of Applicable Law, including without limitation, (a) Section 548 of the Bankruptcy Code and (b) any state fraudulent transfer or fraudulent conveyance act or statute applied in such Proceeding, whether by virtue of Section 544 of the Bankruptcy Code or otherwise. The Applicable Laws under which the possible avoidance or unenforceability of the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties) shall be determined in any such Proceeding are referred to as the “Avoidance Provisions”. Accordingly, to the extent that the obligations of any Guarantor hereunder would otherwise be subject to avoidance under the Avoidance Provisions, the maximum Guarantied Obligations for which such Guarantor shall be liable hereunder shall be reduced to that amount which, as of the time any of the Guarantied Obligations are deemed to have been incurred under the Avoidance Provisions, would not cause the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Administrative Agent and the Guarantied Parties), to be subject to avoidance under the Avoidance Provisions. This Section is intended solely to preserve the rights of the Administrative Agent and the Guarantied Parties hereunder to the maximum extent that would not cause the obligations of any Guarantor hereunder to be subject to avoidance under the Avoidance Provisions, and no Guarantor or any other Person shall have any right or claim under this Section as against the Administrative Agent and the Guarantied Parties that would not otherwise be available to such Person under the Avoidance Provisions.

  • OPERATIVE PROVISIONS ARTICLE 1

  • Severable Provisions The provisions of this Agreement are severable and if any one or more provisions is determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially unenforceable provisions to the extent enforceable, shall nevertheless be binding and enforceable.

  • Notice Provisions (a) Each Party will give prompt notice to the other of the occurrence, or failure to occur, at any time from the date hereof until the earlier to occur of the termination of this Agreement and the Effective Time of any event or state of facts of which it is aware which occurrence or failure would, or would be reasonably likely to:

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