PER ANNUM. In the event of Executive's death or permanent and total disability (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986, as amended and in effect and interpreted as of the date of this Agreement) at any time within the 24-month period immediately following a Change in Control and prior to any termination of Executive's employment, Executive or Executive's Successors shall be entitled to all of the benefits of Executive provided under this Agreement as if Executive had voluntarily terminated his employment with Sensormatic (but without giving effect to Section 4 hereof or to the loss of benefits upon voluntary termination under Section 6(e)(i) hereof), including, without limitation, those set forth in Section 6(c) hereof.
PER ANNUM. Any deposits or other sums at any time credited by or due from the holder to any of the Borrowers, any endorser or guarantor hereof, may at all times be held and treated as collateral for the payment of this Note and any and all other liabilities (direct or indirect, absolute or contingent, sole, joint or several, secured or unsecured, due or to become due, now existing or hereafter arising) of any such maker to the holder. The holder may apply or set-off such deposits or other sums against such liabilities at any time in the case of any of the Borrowers but only with respect to matured liabilities in the case of endorsers and guarantors.
PER ANNUM. [If applicable, insert -The sinking fund for this series provides for the redemption on ............................ in each year beginning with the year and ending with the year ....
PER ANNUM. FIFTH: If the BORROWER becomes delinquent, the applicable variable interest rate will be that resulting from adding THREE (3) PERCENTAGE POINTS to the interest rate in force during the default period, calculated as indicated above. SIXTH: The BORROWER expressly and irrevocably authorizes the BANK to charge or debit any account or deposit it maintains with that Banking Institution or the BORROWER's account with COMMERCEBANK, N.A., identified as No. [ ], all matured amounts owed in relation to the granting of this INTEREST BEARING LOAN, extinguishing BORROWER's payment obligation for the amounts due up to the amount charged or debited by the BANK either from the BANK or from the COMMERCEBANK, N.A., without it being understood that these charges give rise to novation of its obligations. SEVENTH: The BORROWER may make special repayments of the principal due, and the total prepayment of the entire INTEREST BEARING LOAN referred to herein, only at the times when quarterly principal installments must be paid and provided it gives notice thereof to the BANK at least THIRTY (30) consecutive days in advance of the date on which such repayment or total prepayment referred to above is to be made. EIGHTH: The BANK may consider any and all of the obligations which have been assumed by the BORROWER by virtue of this document due and, therefore, payment in full shall be forthwith due and payable in any of the following events: 1) Failure to pay when due any
PER ANNUM. If in any calendar year Lessee's share of Direct Expenses shall be less than the preceding year, then upon receipt of Lessor's statement, any over payment made by Lessee on the monthly installment basis provided above shall be credited toward the next monthly rent falling due and the estimated monthly installment of Direct Expenses to be paid shall be adjusted to reflect such lower Direct Expenses for the most recent year. CCA /s/ CCA ----------------- ----------------- Lessor's Initials Lessee's Initials
PER ANNUM. Escalation The per year fee escalation will be determined in accord with the provisions of section C of Attachment B, and as specified in each site specific agreement.
PER ANNUM. In addition, in the event of the removal, other than for Cause, of Director from his directorship with Sensormatic or the expiration of the term of such office without his being re-elected thereto at any time following a Change in Control, other than pursuant to the generally applicable term limits and/or retirement policies of the Corporation (without giving effect to any changes therein that reduce the retirement age or the permitted term of office which were implemented following such Change of Control or the commencement of an Attempted Change of Control which culminated in such Change of Control), any non-competition provisions included in such Plan shall have no further force or effect.
PER ANNUM. For the purposes of this agreement, "Bank", Note Holder", "Holder" and "
PER ANNUM. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this Agreement, and Borrower shall have delivered to Lender the compliance certificate called for in the paragraph below titled "Compliance Certificate."
PER ANNUM. The variable interest rate will be raised or lowered, if there exists a variation in the LIBOR rate for six months, in at least one percentage point. In no case will this adjustment be applied retroactively.
