Participation Election Sample Clauses

Participation Election. With respect to the first Borrowing, the Borrower or any of its Restricted Subsidiary that is a Guarantor party hereto and a guarantor party under the Prepetition Secured Debt shall have submitted to the FCC an election that is agreeable in form to the Borrower to participate in accelerated clearing of the C-band; provided that the entity receiving the accelerated relocation payments shall be a Debtor subsidiary of the Borrower (the “Participation Election Form”). In determining the satisfaction of the conditions specified in this Section 7, each Borrowing shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in Section 7.1.
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Participation Election. At any time during the 20-Year Period, upon ninety (90) days prior written notice to IDTEK, Protek may elect to use only nine-tenths (9/10) of the respective percentage it was entitled to under Section 4 hereof but to multiply that reduced percentage times the gross license fee or manufacturing surcharge without the reduction for sales commissions. An example of the calculation resulting from the election under this Section 5 is set forth on Exhibit E attached hereto. Once Protek elects to receive the reduced percentages of the gross amounts, it shall have no right to revert back to the original percentages (i.e. this is a one-time election) and such election shall apply to all payments made by IDTEK under Section 4 hereof after the expiration of the ninety (90) day notice period required by this Section 5.
Sample 1
Participation Election. 16 10.3 Resubmissions............................................. 16 10.4 Operations................................................ 17 10.5
Sample 1
Participation Election. The Receiving Party will notify the Proposing Party in writing whether the Receiving Party elects to participate in the Proposed Well with all or part of the Receiving Party's interest in any Existing Acreage, Related Interests and Acquisition Acreage within fifteen (15) days after receipt of the Proposed Well information package, unless otherwise extended in writing by the Proposing Party. If the Receiving Party elects to participate in the Proposed Well, the Receiving Party will deliver to the Proposing Party: (a) an executed Joint Operating Agreement signature page for such Proposed Well; (b) an executed AFE for such Proposed Well; and (c) an executed Memorandum of Joint Operating Agreement for such well which will be promptly filed by the Proposing Party in the appropriate governmental office. In the event the Receiving Party is a Gothic Party and the Gothic Party elects not to participate with all or part of the Existing Acreage, Related Interests or Acquisition Acreage retained by the Gothic Parties (the "Retained Interest") in any Proposed Well or fails to elect to participate within the required time period, the Gothic Parties will be deemed to have: (i) elected not to participate in the Proposed Well; and (ii) agreed to farmout all of the Retained Interest included in the Prospect for such Proposed Well to Chesapeake at a net revenue interest equal to the existing net revenue interest of such Gothic Party with no overriding royalty interest being retained by the Gothic Party. The acreage earned pursuant to any such farmout will be limited to the Retained Interest included in the governmental production unit for the Proposed Well as finally approved by the appropriate governmental authority and will be deemed earned on the earlier of the completion of such well as a producing well or the drilling of such well to the total proposed depth. The Gothic Parties agree to assign to Chesapeake the interest earned under the foregoing farmout within thirty (30) days after such interest is earned and to execute such additional documents as Chesapeake, as the Proposing Party, reasonable requests to evidence and convey any farmouts earned pursuant to this Agreement including an outright assignment to Chesapeake of such interest coupled with an obligation to reconvey such interest if such interest is not earned in accordance with this paragraph 10.2.
Sample 1
Participation Election. Each January 1 to January 25 ("Enrollment Period"), every qualified, eligible employee of the Presbytery shall receive a copy of this agreement along with an enrollment form to be completed and signed by the employee and returned to the Presbytery Treasurer no later than January 25. The enrollment form shall include at least the following options: NOT TO PARTICIPATE; TO PARTICIPATE AT WHAT DOLLAR LEVEL.
Sample 1

Related to Participation Election

  • Initial Election The Director shall make an initial deferral election under this Agreement by filing with the Company a signed Election Form within 30 days after the Effective Date of this Agreement. The Election Form shall set forth the amount of Fees to be deferred and shall be effective to defer only Fees earned after the date the Election Form is received by the Company.

  • Deferral Election A Participant may elect to defer all or a specified percentage of the Compensation earned in a Plan Year by such Participant for serving as a member of the Board of any Participating Fund or as a member of any committee or subcommittee thereof. Reimbursement of expenses of attending meetings of the Board, committees of the Board or subcommittees of such committees may not be deferred. Such election shall be made by executing before the first day of such Plan Year such election notice as the Administrator may prescribe; provided, however, that upon first becoming eligible to participate in the Plan by reason of appointment to a Board, a Participant may file a Deferral Election not later than 30 days after the effective date of such appointment, which election shall apply to Compensation earned in the portion of the Plan Year commencing the day after such election is filed and ending on the last day of such Plan Year.

  • Election Form The Consideration shall be payable in accordance with the election made by Contributor in the Consideration Election Form (“Election Form”) accompanying the PPM, the results of which election are set forth on Exhibit A hereto. If, pursuant to the Election Form, Contributor (A) elected all or part of Contributor’s consideration payable hereunder to be in the form of units of limited partnership interests of the Operating Partnership (“OP Units”) and (B) submitted to the Operating Partnership (x) an executed Investor Questionnaire representing and warranting to the Operating Partnership that Contributor is an “accredited investor” as defined in the Investor Questionnaire and (y) any other documentation required by the Operating Partnership, including, but not limited to, a signature page to the Partnership Agreement (as hereinafter defined), Contributor shall receive OP Units in an amount determined in the manner described on Exhibit A hereto. The portion of the Consideration, if any, payable in cash is set forth on Exhibit A. Contributor agrees that the cash payment shall be made and the OP Units shall be registered in the name of the persons or entities set forth on the Election Form. OP Units will only be delivered to Contributor if Contributor has represented to the Operating Partnership that Contributor is an “accredited investor”. No fractional OP Units will be issued and OP Units will be rounded to the nearest whole number. The Consideration payable to Contributor, whether in cash, in OP Units or a combination thereof, may be reduced by the amount the Operating Partnership reasonably determines must be withheld for tax purposes. The rights and obligations of holders of OP Units as of the Closing will be as set forth in the First Amended and Restated Agreement of Limited Partnership of the Operating Partnership (the “Partnership Agreement”), a draft copy of which is included as an exhibit to the PPM.

  • Deferral Elections As provided in Sections 5(f), 6(h) and 14(d), the Executive may elect to defer the Pre-Change in Control Severance Payment, the Post-Change in Control Severance Payment and the Consulting Payment as follows. The Executive’s deferral election shall satisfy the requirements of Treasury Regulation Section 1.409A-2(b) and the terms and conditions of the Deferred Compensation Plan. Such deferral election shall designate the whole percentage (up to a maximum of 100%) of the Pre-Change in Control Severance Payment, the Post-Change in Control Severance Payment and the Consulting Payment to be deferred, shall be irrevocable when made, and shall not take effect until at least twelve (12) months after the date on which the election is made. Such deferral election shall provide that the amount deferred shall be deferred for a period of not less than five (5) years from the date the payment of the amount deferred would otherwise have been made, in accordance with Treasury Regulation Section 1.409A-2(b)(1)(ii).

  • Sub-participation A Lender may sub-participate all or any part of its rights and/or obligations under the Security Documents at its own expense without the consent of, consultation with or notice to, the Borrowers.

  • First Participation Notice In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Participation Rights Holder written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms upon which the Company proposes to issue such New Securities. Each Participation Rights Holder shall have fifteen (15) days from the date of receipt of any such First Participation Notice to agree in writing to purchase such Participation Rights Holder’s Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Participation Rights Holder’s Pro Rata Share). If any Participation Rights Holder fails to so agree in writing within such fifteen (15) day period to purchase such Participation Rights Holder’s full Pro Rata Share of an offering of New Securities, then such Participation Rights Holder shall forfeit the right hereunder to purchase that part of its Pro Rata Share of such New Securities that it did not agree to purchase.

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

  • Participation Right From the date hereof through the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.

  • Participation Agreement The Participation Agreement (Federal Express Corporation Trust No. N679FE), dated as of June 15, 1998, as amended and restated as of October 1, 1998, among the Lessee, the Owner Trustee not in its individual capacity except as otherwise expressly provided therein, but solely as owner trustee, the Owner Participants, the Indenture Trustee not in its individual capacity except as otherwise expressly provided therein, but solely as indenture trustee, the Pass Through Trustee not in its individual capacity except as otherwise expressly provided therein, but solely as pass through trustee, and the Subordination Agent not in its individual capacity except as otherwise expressly provided therein, but solely as subordination agent.

  • Termination of Participation If the Administrator determines in good faith that the Executive no longer qualifies as a member of a select group of management or highly compensated employees, as determined in accordance with ERISA, the Administrator shall have the right, in its sole discretion, to cease further benefit accruals hereunder.

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