Paragraph 5K Sample Clauses

Paragraph 5K. Paragraph 5K(i) is amended in its entirety to read as follows: (i) offer to prepay the Notes pursuant to paragraph 4B, as provided in clause (ii) below: (a) in an amount equal to 100% of the Net Proceeds of Stock or any offering by the Company of Subordinated Debt (other than an offering that increases the outstandings under the Company's Subordinated Loan Certificates or Subordinated Capital Certificates of Interest in existence prior to November 3, 2000 and described on Schedule 5K hereto). Such prepayment shall be due immediately upon the receipt by the Company of such net proceeds. (b) in amounts equal to (i) 100% of the net proceeds from any sale or other disposition by the Company of any inventory (other than sales of inventory in the ordinary course), (ii) 50% of the net proceeds of any sale or other disposition by the Company of any of the SSC Securities, and (iii) 100% of the net proceeds from any other sale or other disposition (other than sales of inventory in the ordinary course of business), or series of related sales or dispositions, by the Company of any assets not otherwise referenced above in this paragraph 5K(i)(b), where the net proceeds exceed $1,000,000, other than any sale of (A) the assets of the Pork Division, (B) the ADM Shares to the extent the net proceeds from the sale of the ADM Shares are used to repay the Rabobank Total Return Swap, or (C) any Stock of the Company in AgraTech Seeds, Inc., CF Industries (a cooperative marketing association in which the Company holds an equity interest), or InTrade (an international cooperative marketing association). Each such prepayment of net proceeds shall be due immediately upon the receipt by the Company of such net proceeds."
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Paragraph 5K. Paragraph 5K is hereby modified and amended by deleting clause (a) in Paragraph 5K(i) in its entirety and substituting the following in lieu thereof: (a) in an amount equal to 100% of the net proceeds received from any offering by the Company or any Consolidated Subsidiary of Subordinated Debt (other than an offering that increases the outstandings under the Company’s Subordinated Loan Certificates or Subordinated Capital Certificates of Interest in existence prior to the effective date of this Agreement and described on Schedule 5K hereto). Such prepayment shall be due immediately upon the receipt by the Company or any Consolidated Subsidiary of such net proceeds.
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Paragraph 5K. Paragraph 5K is hereby modified and amended by deleting clauses (a) and (b) in Paragraph 5K(i) in their entirety and substituting the following in lieu thereof: (a) in an amount equal to 100% of the Net Proceeds of Stock or the net proceeds received from any offering by the Company or any Consolidated Subsidiary of Subordinated Debt (other than an offering that increases the outstandings under the Company’s—Subordinated Loan Certificates or Subordinated Capital Certificates of Interest in existence prior to the effective date of this Agreement and described on Schedule 5K hereto). Such prepayment shall be due immediately upon the receipt by the Company or any Consolidated Subsidiary of such net proceeds. (b) in amounts equal to (i) 100% of the net proceeds from any sale or other disposition by the Company of any inventory (other than sales of inventory in the ordinary course) and (ii) 100% of the net proceeds from any other sale or other disposition (other than sales of inventory in the ordinary course of business, any sale of the assets of the Pork Division, any sale or other disposition of the SSC Securities (except as required by clause (c) below) and any sale or dispositions permitted by paragraph 6F(iv)), or series of related sales or dispositions, by the Company of any assets not otherwise referenced above in this paragraph 5K(i)(b), where the net proceeds exceed $5,000,000 for any such sale or $10,000,000 in the aggregate for all such sales. Each such prepayment of net proceeds shall be due immediately upon the receipt by the Company of such net proceeds. (c) in amounts equal to 100% of the net proceeds from the sale or other redemption of the SSC Securities if the Company would be otherwise obligated to use any portion of such net proceeds to redeem any of the Senior Unsecured Notes under the Senior Unsecured Note Documents. Each such prepayment of net proceeds shall be due immediately upon the receipt by the Company of such net proceeds.”
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Related to Paragraph 5K

  • PARAGRAPH TWO This Agreement shall also be accelerated, upon which the debt shall become enforceable and any disbursements shall be immediately suspended, on the date when any person who exercises a salaried position at the BENEFICIARY or is among its owners, controlling members, or officers is certified or takes office as a Federal Deputy or Senator, as such persons are subject to the prohibitions set forth in article 54, items I and II of the Federal Constitution. No default charges shall be imposed if the payment occurs within five (5) business days from the date of such certification, under penalty of otherwise the charges established for events of acceleration due to default being imposed.

  • Paragraph 2nd As of January 1st, 2008, the factor of transference X will be established by Anatel based on methodology considering the optimization of the costs of service rendering, as per terms of the regulation.

  • Section 6 5 No Action Except Under Specified Documents or Instructions............................23 Section 6.6 Restrictions..........................................................................24

  • Paragraph (c) of sub‑clause (1) of clause 8 is amended by adding thereto a new paragraph as follows:

  • Section 7 11(a) of the Credit Agreement is hereby amended to read as follows: