Permitted Releases. Notwithstanding the foregoing, BlueSnap reserves the right to release information of Merchant to law enforcement and Card Associations upon request or if BlueSnap reasonably believes Client or any representative thereof was involved in violations of any law. BlueSnap also reserves the right to release information to legal and other professional advisers acting under a duty of confidentiality, and to access and use such information to undertake investigations in cases of suspected or actual fraud, criminal behavior, misrepresentation, security breach, and/or breach of Card Association Rules. Further, BlueSnap may use aggregated non- personally identifiable information for marketing statistics and similar uses.
Permitted Releases. Unless a Notice of Acceleration is in effect, the Trustee may, at any time and from time to time prior to the termination of the Trustee’s Security Interest and release of all Collateral pursuant to Sections 8.02 and 8.03, release any portion of the Collateral with the prior written consent of the Releasing Secured Parties; provided that the Trustee shall have received a certificate of a Responsible Officer of Navistar Financial to the effect that no default, or event or condition which with notice or lapse of time or both would constitute a default, exists or, immediately after such release, will exist with respect to any of the Indenture Obligations. Upon any release in accordance with this Section 8.01, the Trustee will promptly, at Navistar Financial’s written request and expense, execute and deliver to Navistar Financial such documents as Navistar Financial shall reasonably request to evidence such release.
Permitted Releases. The Trustees shall at any time be permitted to release assets from the Trust for the purpose of discharging a Permitted Tax Liability or a Permitted Trust Liability or for the purpose of discharging a liability to the Purchaser under this Agreement or the Tax Deed, provided that any such release for the purposes of disclosing a Permitted Tax Liability or a Permitted Trust Liability shall only reduce the Trust Assets below the minimum amount specified in Clause 17.2 to the extent that the balance of the Trust Funds is not sufficient for such purpose.
Permitted Releases. Provided that the Initial Funding and Second Funding have occurred and the Loan is secured by the TX Investment, Borrower shall be entitled to a maximum of one (1) time during the term of the Loan to obtain a Permitted Release of either TN Investment or the WA Investment during the term of the Loan. Such Permitted Release must be made in accordance with, and subject to, the following terms, conditions and requirements (the “Release Conditions”):
(a) Borrower shall furnish at least thirty (30) days prior written notice (the “Release Notice”) to Lender of Borrower’s desire to obtain a Permitted Release, which Release Notice shall (i) identify the Investment to be released; (ii) to the extent applicable, contain a copy of the purchase and sale agreement for the applicable Investment (or a summary of the redevelopment contemplated in a Permitted Release redevelopment); and (iii) be accompanied by a non-refundable fee (“Administrative Processing Fee”) in the amount of Ten Thousand Dollars ($10,000.00);
(b) Following Lxxxxx’s receipt of a Release Notice, Lender shall calculate a release amount applicable to the Investment to be released, which amount shall be equal to 110% of the dollar amount of the Loan allocated by Lender at the initial funding date to such Investment as set forth in the schedule (the “Allocated Loan Amount”) attached hereto as Exhibit A. Borrower shall pay the Release Amount to Lender on or before the date of the release of the Investment (the “Release Amount”). The payment of the Release Amount shall constitute a paydown of the principal amount of the Loan, and Borrower shall in addition be required to pay a Prepayment Fee (as defined in the Note) if prior to the Open Date (as defined in the Note), with respect to the Allocated Loan Amount calculated in accordance with the terms of the Note.
(c) As a condition precedent to Lxxxxx’s partial release of the lien of the Mortgage for each Investment, Borrower shall (i) pay to Lender the Release Amount applicable to such Investment, the Prepayment Fee associated with the Allocated Loan Amount any interest on the Loan that is accrued but unpaid, and any other sums, such as reimbursements, that are then due and payable under the Loan Documents; and (ii) pay any reasonable third party costs and expenses of Lender associated with the release including, without limitation, the reasonable attorneys’ fees and costs of Lxxxxx’s outside counsel and all title insurance costs (including, if any of the Inves...
Permitted Releases. (a) In circumstances where the Parent certifies for the benefit of the Security Agent that a Debtor is effecting a release pursuant to sections 4.13 (Limitation on Asset Sales Involving Certain Collateral), 4.21 (Total Loss Events), 4.24 (Vessel Covenants) or 11.09 (Addition and Substitution of Qualified Collateral: Designation as a Mortgaged Vessel) of the Senior Secured Notes Indenture or provisions having substantially the same effect in the Credit Facility Documents or the Pari Passu Debt Documents, the Security Agent is irrevocably authorised and required (at the cost of the Parent and without any consent, sanction, authority or further confirmation from any Creditor, other Secured Party or Debtor) and subject to the fulfilment of the conditions at Clause 11.6(b) to:
(i) release the Transaction Security over that asset; and
(ii) execute and deliver or enter into any release of the Transaction Security described in paragraph (i) above and issue any certificates of non-crystallisation of any floating charge or any consent to dealing that are reasonably requested by the Parent and are necessary or desirable to effect such release.
(b) The conditions referred to in Clause 11.6(a) are that:
(i) an Officer of the Parent certifies for the benefit of the Security Agent (and supplies a copy to each Creditor Representative) that the release and, if the release is of Charged Property, the release of Transaction Security is expressly permitted under this Agreement, the Credit Facility Documents and the Pari Passu Debt Documents or each Creditor Representative authorises the release;
(ii) the release and, if the release is of Charged Property, the release of Transaction Security is not taking place on or after a Distress Event or being effected at the request of the Instructing Group in circumstances where the Transaction Security has become enforceable or being effected by enforcement of the Transaction Security; and
(iii) to the extent that new or replacement Transaction Security is required under the terms of the Debt Documents as a condition to that release, contemporaneously with such release (followed by an immediate granting of that new or replacement Transaction Security of at least equivalent ranking), the Parent delivers to the Security Agent either:
(A) a solvency opinion from a Financial Adviser confirming the solvency of that Debtor, after giving effect to such transaction and any transactions related to such release and retaking;
(B) a certificate fr...
Permitted Releases. Except as otherwise permitted by Section 2.2.2 and Section 2.2.3 hereof and, notwithstanding anything to the contrary set forth in the Mortgages, Borrower may obtain the release of any Property from the lien of the Mortgage encumbering such Property (a "Release") upon the following terms and conditions:
(a) Borrower shall notify Lender in writing at least fifteen (15) days prior to the date on which Borrower would like to have the Release take place;
(b) Lender shall have received from Borrower a payment in reduction of the Principal Amount (a "Release Payment") equal to at least one hundred and twenty five percent (125%) of the Loan Allocation Amount for the applicable Property;
(c) there shall exist, as of the applicable Release date, no Event of Default under, and as that term is defined in, the Mortgages; and
(d) Lender shall have received in writing evidence from the Rating Agency to the effect that such Release will not result in a downgrade, withdrawal or qualification of the rating then in effect for the Certificates, together with such legal opinions as may be requested by the Rating Agency.
Permitted Releases. Except as otherwise permitted by Section ------------------ -------
Permitted Releases. Notwithstanding any provision in this Clause 21 to the contrary, any Party may use the following in external announcements, presentations and publications:
(A) information concerning the signing of this Agreement; and
(B) information concerning the general nature of this Agreement; provided that the Party making such external announcement or publication shall not use the trademark, service xxxx and trade name of the other Party without such other Party’s prior written consent.
Permitted Releases. Upon a sale, transfer or disposition by Mortgagor of all or any portion of the Mortgaged Property (other than any sale or transfer to Borrower or any Guarantor) that is permitted by the terms of the Credit Agreement or upon the effectiveness of any written consent to the release of the security interest granted hereby in any Mortgaged Property pursuant to the terms of the Credit Agreement, the lien of this Mortgage shall be automatically released from the applicable portion of the Mortgaged Property (such automatic releases being hereinafter referred to as “Permitted Releases”). Mortgagor shall give Mortgagee reasonable written notice of any sale, transfer or disposition of the Mortgaged Property within a reasonable period of time following the closing of such sale, transfer or disposition.
Permitted Releases. The Collateral Agent may, at any time and from ------------------ time to time prior to the termination of the Collateral Agent's Security Interest and release of all Collateral pursuant to Sections 8.2 and 8.3, release any portion of the Designated Collateral with the prior consent of the Secured Parties for whom the Collateral Agent holds its Security Interest therein pursuant to their respective Security Documents. Upon any release in accordance with this Section 8.1, the Collateral Agent will promptly, at the written request of the Holder of the Designated Collateral being released (acknowledged and approved in writing by the Required Secured Parties with respect to such Designated Collateral) and at Harco's expense, execute and deliver to such Holder and such Secured Parties such documents as such Holder shall reasonably request to evidence such release.
