Prior to the Termination Date the Employee may, upon 30 days written notice to the Company, terminate Employee's employment with the Company, and in such event, Employee shall not be entitled to any Compensation or Severance Package Compensation following the date of such termination.
Prior to the Termination Date if transfer of the Project is to occur at the expiration of the full Term; or
Prior to the Termination Date. Each of the CMS Parties agrees that it shall, and shall cause its applicable Representatives to, appear in person or by proxy at each Shareholders Meeting and to vote all shares of Common Stock beneficially owned by such person and over which such person has voting power at the meeting in favor of each nominee and each proposal recommended by the Board and against each nominee and each proposal not recommended by the Board, as set forth in the Company’s definitive proxy statement filed in respect of each such Shareholders Meeting.
Prior to the Termination Date. Each of the CMS Parties covenants and agrees that it shall not, and shall not permit any of its Representatives to, directly or indirectly, alone or in concert with others, pursue, or assist any other person to initiate or pursue, any Proceedings against the Company or any of its Representatives, excluding, however, any Proceedings initiated solely to remedy a breach of or to enforce this Agreement; provided, however, that the foregoing shall not prevent any of the CMS Parties or any of their Representatives from responding to a Legal Process in connection with any Proceeding if such Proceeding has not been initiated by, or on behalf of, or at the suggestion of, any of the CMS Parties or any of their Representatives; provided, further, that in the event any of the CMS Parties or any of its Representatives receives such Legal Process, such CMS Party shall give prompt written notice of such Legal Process to the Company.
Prior to the Termination Date. Buyer shall consider, at its sole discretion, whether to purchase the assets (or a portion of such assets) used by the Stop & Shop Entities exclusively in connection with the Bradlees Entities and all assets used by the Stop & Shop Entities and not needed by such entities after the Termination Date (collectively, "Excess Assets") (or, if such equipment is leased by the Stop & Shop Entities, whether such lease shall be assigned to Buyer if such assignment can be effected without breaching such lease) for a price equal to the value of such equipment on the books of the Stop & Shop Entities at such time (or, in the case of the leases, Buyer shall assume, and the Stop & Shop Entities shall be released from, all obligations under such leases). Prior to the Termination Date, the Stop & Shop Entities shall provide to the Buyer a list of Excess Assets including the book value of such Excess Assets or the remaining lease payments for such Excess Assets. The parties hereto will cooperate with one another to minimize the adverse effects to both parties of compliance with this Section 11.
Prior to the Termination Date. Prior to the Termination Date, and so long as ACC or a Participating Successor Servicer is the Servicer, the Trustee shall on each Distribution Date, based on the Servicer Disbursement Advice, withdraw amounts comprising Additional Funds from the Reimbursement Account and distribute such amounts in the following order of priority:
(i) to the Limited Servicer, to pay accrued and unpaid Limited Servicer Fees;
(ii) to the Supplemental Servicer, to pay accrued and unpaid Monthly Supplemental Servicing Fees; and
(iii) the remainder, if any, to ACC or its designee or, if applicable, the Participating Successor Servicer.
Prior to the Termination Date. (as hereinafter defined) of this Letter of Credit, you may draw from time to time an amount not exceeding the Stated Amount, on the conditions set forth herein against presentation of this Letter of Credit in the manner provided herein and your sight draft on us (marked "Drawn under Letter of Credit No. L/C ") accompanied by a signed Drawing Certificate in the form attached hereto as Annex A appropriately completed (such sight draft and Drawing Certificate being referred to hereinafter collectively as the "Documents"). Presentation of this Letter of Credit and such draft and certificate shall be made at our office, __________________________________________________ (fax no. __________) Attn: Letter of Credit Department, either by physical delivery of such documents or by facsimile transmission of such documents to the office stated above. Upon such presentation, the payment
Prior to the Termination Date. On each Settlement Date prior to the Termination Date the Administrator, on behalf of the Secured Parties, shall apply the funds received by the Administrator pursuant to Section 1.03 and this Section 3.01 to the items specified in the subclauses below, in the order of priority of such subclauses:
(A) to the Servicer, the amount of any Servicer Advance made during the CP Accrual Period or Yield Period (as applicable) for such Settlement Date, to the extent provided in Section 8.06.
(B) to Earned Discount, CP Costs and Broken Funding Costs accrued during the Settlement Period for such Settlement Date, plus any previously accrued Earned Discount, CP Costs and Broken Funding Costs not paid;
(C) to the accrued and unpaid Servicer's Fee (if Servicer is not Transferor or its Affiliate);
(D) to the Program Fee and the Unused Fee accrued during the Settlement Period for such Settlement Date, plus any previously accrued Program Fee and the Unused Fee not paid;
(E) to other accrued and unpaid amounts owing to Transferee, the Administrator and the other Secured Parties (other than the Insurer) hereunder (except Earned Discount on any Asset Tranche funded by a Liquidity Funding which has accrued but is not yet due under Section 3.01(b)(ii));
(F) to the purchase price of each Reinvestment made in accordance with Section 1.03(a);
(G) to the reduction of Transferee's Total Investment until the Final Collection Date (as defined in the Insurance Policy), to the extent such reduction is required under Section 3.01(c);
(H) to the Insurer for payment of any accrued and unpaid premiums, unutilized charges and fees owed to the Insurer and payable pursuant to Section 8.01 or 9.03 of the Insurance Policy;
(I) to the accrued and unpaid Servicer's Fee (if Servicer is Transferor or its Affiliate); and
(J) the balance, if any, to Transferor.
Prior to the Termination Date the Fund Manager will use reasonable endeavours to complete the realisation of all unrealised Investments expeditiously on the basis set out in the Agreement.
Prior to the Termination Date the Fund Manager may retain or realise such Investments as may be required to settle transactions already initiated and to pay your outstanding liabilities, including fees, costs and expenses payable under paragraph 9 above, the details of which are set out in Section 3 of these Terms and Conditions.
