Provisions Regarding Effective Date Sample Clauses

Provisions Regarding Effective Date. As indicated in this Agreement, this Agreement is effective as of the Effective Date, and accordingly in connection therewith the parties agree that the following shall apply: (i) This Agreement shall from and after its execution by the parties be an agreement binding upon and enforceable by both Company and Executive subject to the application of the provisions hereof generally being effective as of the Effective Date. (ii) The employment of Executive by Company shall continue to be governed by the terms of the Existing Agreement until the Effective Date. (iii) In the event that the employment of Executive by Company terminates at any time prior to the Effective Date, such termination shall be governed by the terms of the Existing Agreement and this Agreement shall be null and void and of no force and effect. (iv) In the event that the Effective Date does not occur on or before December 31, 2010, this Agreement shall be null and void and of no force and effect and the Existing Agreement shall continue in full force and effect.
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Provisions Regarding Effective Date. As provided herein, this Agreement shall not be in force or effect prior to the Effective Date. In the event that Executive’s employment with QES Management LLC, QES GP or Company terminates at any time prior to the Effective Date such that, following such termination, Executive is no longer employed by QES Management LLC, QES GP or Company, regardless of the reason for such termination, such termination shall be governed by the terms of any agreements or understandings currently in effect between Executive, QES Management LLC and QES GP (including but not limited to the Original Employment Agreement) and this Agreement shall be null and void and of no force or effect.
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Provisions Regarding Effective Date. As indicated in Section 1, this Agreement is effective as of the Effective Date and, accordingly, in connection therewith and notwithstanding any other provision of this Agreement, the parties agree that this Agreement shall be null and void and of no force or effect if (a) Employee ceases to be employed by either EPEPM or one of its Affiliates at any time prior to the Effective Date and/or (b) the Effective Date does not occur on or prior to the End Date (as defined in the Purchase Agreement).
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Provisions Regarding Effective Date. As provided herein, the terms of this Agreement shall not be effective prior to the Effective Date. In the event that Executive’s employment with QES Management LLC or Qxxxxxxx or any of its subsidiaries or affiliates terminates at any time prior to the Effective Date such that, following such termination, Executive is no longer employed by QES Management LLC or Qxxxxxxx or any of its subsidiaries or affiliates, regardless of the reason for such termination, such termination shall be governed by the terms of any agreements or understandings currently in effect between Executive, QES Management LLC and Qxxxxxxx (including but not limited to the A&R Employment Agreement) and this Agreement shall be null and void and of no force or effect.
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Provisions Regarding Effective Date. As indicated in Section 1, this Agreement is effective as of the First Effective Time and, accordingly, in connection therewith and notwithstanding any other provision of this Agreement, the parties agree that this Agreement shall be null and void and of no force or effect if (a) the Executive ceases to be employed by the Employer at any time prior to the First Effective Time, (b) the First Effective Time does not occur on or prior to February 1, 2016, and/or (c) the Merger Agreement is terminated for any reason. The undersigned have entered into this Executive Employment Agreement as of the date first written above. Ziggy Merger Sub, LLC By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President and Assistant Secretary The undersigned have entered into this Executive Employment Agreement as of the date first written above. EXECUTIVE /s/ Xxxx Xxxxxx Xxxx Xxxxxx
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Provisions Regarding Effective Date. As provided herein, this Agreement shall not be in force or effect prior to the Effective Date.
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Provisions Regarding Effective Date. As indicated in this Agreement, this Agreement is effective as of the Effective Date, and accordingly in connection therewith the parties agree that the following shall apply: (i) This Agreement shall from and after its execution by the parties be an agreement binding upon and enforceable by both Company and Executive subject to the application of the provisions hereof generally being effective as of the Effective Date. (ii) In the event that the employment of Executive by Company terminates at any time prior to the Effective Date, this Agreement shall be null and void and of no force and effect. (iii) In the event that the Effective Date does not occur on or before July 31, 2011, this Agreement shall be null and void and of no force and effect.
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Provisions Regarding Effective Date. As indicated in this Agreement, this Agreement is effective as of the Effective Date, and accordingly in connection therewith the parties agree that the following shall apply: (a) This Agreement shall from and after its execution by the parties be an agreement binding upon and enforceable by both the Company and Executive subject to the application of the provisions hereof generally being effective as of the Effective Date. (b) In the event that Executive terminates this Agreement at any time prior to the Effective Date, this Agreement shall be null and void and of no force and effect. [Signature page follows]
Sample 1
Provisions Regarding Effective Date. As indicated in this Agreement, this Agreement is effective as of the Effective Date, and accordingly in connection therewith the parties agree that the following shall apply: (a) This Agreement shall from and after its execution by the parties be an agreement binding upon and enforceable by both the Company and Executive subject to the application of the provisions hereof generally being effective as of the Effective Date. (b) In the event that the employment of Executive by the Company terminates at any time prior to the Effective Date, this Agreement shall be null and void and of no force and effect. (c) In the event that the Effective Date does not occur, this Agreement shall be null and void and of no force and effect.
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Related to Provisions Regarding Effective Date

  • General Provisions Regarding Accounts (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Trust Accounts shall be invested by the Indenture Trustee at the written direction of the Servicer in Permitted Investments as provided in Sections 4.1 and 4.7 of the Sale and Servicing Agreement. All income or other gain (net of losses and investment expenses) from investments of monies deposited in the Trust Accounts shall be withdrawn by the Indenture Trustee from such accounts and distributed (but only under the circumstances set forth in the Sale and Servicing Agreement) as provided in Sections 4.1 and 4.7 of the Sale and Servicing Agreement. The Servicer shall not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in any of the Trust Accounts unless the security interest granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel, acceptable to the Indenture Trustee, to such effect. (b) Subject to Section 6.1(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in any of the Trust Accounts resulting from any loss on any Permitted Investment included therein, except for losses attributable to the Indenture Trustee’s failure to make payments on such Permitted Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Servicer shall have failed to give written investment directions for any funds on deposit in the Trust Accounts to the Indenture Trustee by 11:00 A.M. (New York City time) (or such other time as may be agreed upon by the Issuer and Indenture Trustee), on the Business Day preceding each Distribution Date, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Notes but the Notes shall not have been declared immediately due and payable pursuant to Section 5.2 or (iii) the Notes shall have been declared immediately due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.4 as if there had not been such a declaration, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in the Trust Accounts in one or more Permitted Investments.

  • General Provisions Regarding Payments (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day. (b) All payments in respect of the principal amount of any Loan (other than voluntary prepayments of Revolving Loans that are Base Rate Loans) shall be accompanied by payment of accrued interest on the principal amount being repaid or prepaid, and all such payments (and, in any event, any payments in respect of any Loan on a date when interest is due and payable with respect to such Loan) shall be applied to the payment of interest then due and payable before application to principal. (c) Administrative Agent (or its agent or sub-agent appointed by it) shall promptly distribute to each Lender at such address as such Lender shall indicate in writing, such Lender’s applicable Pro Rata Share of all payments and prepayments of principal and interest due hereunder, together with all other amounts due thereto, including, all fees payable with respect thereto, to the extent received by Administrative Agent. (d) Notwithstanding the foregoing provisions hereof, if any Conversion/Continuation Notice is withdrawn as to any Affected Lender or if any Affected Lender makes Base Rate Loans in lieu of its Pro Rata Share of any Eurodollar Rate Loans, Administrative Agent shall give effect thereto in apportioning payments received thereafter. (e) Subject to the provisos set forth in the definition of “Interest Period” as they may apply to Revolving Loans, whenever any payment to be made hereunder with respect to any Loan shall be stated to be due on a day that is not a Business Day, such payment shall be made on the next succeeding Business Day and, with respect to Revolving Loans only, such extension of time shall be included in the computation of the payment of interest hereunder or of the Revolving Commitment fees hereunder. (f) Except as otherwise expressly provided herein, all payments by Borrower hereunder shall be made to Administrative Agent, for the account of the respective Lenders to which such payment is owed, in Dollars and otherwise in the manner set forth in clause (a) of this Section 2.16. (g) Administrative Agent shall deem any payment by or on behalf of Borrower hereunder that is not made in same day funds prior to 12:00 p.m. (New York City time) to be a non-conforming payment. Any such payment shall not be deemed to have been received by Administrative Agent until the later of (i) the time such funds become available funds, and (ii) the next succeeding Business Day. Administrative Agent shall give prompt telephonic notice to Borrower and each applicable Lender (confirmed in writing) if any payment is non-conforming. Any non-conforming payment may constitute or become a Default or Event of Default in accordance with the terms of Section 8.1(a). Interest shall continue to accrue on any principal as to which a non-conforming payment is made until such funds become available funds (but in no event less than the period from the date of such payment to the next succeeding applicable Business Day) at the rate determined pursuant to Section 2.10 from the date such amount was due and payable until the date such amount is paid in full. (h) If an Event of Default shall have occurred and not otherwise been waived, and the maturity of the Obligations shall have been accelerated pursuant to Section 8.1, all payments or proceeds received by Agents hereunder in respect of any of the Obligations, shall be applied in accordance with the application arrangements described in Section 9.2 of the Second Amended and Restated Pledge and Security Agreement and the analogous sections of any other Collateral Documents.

  • Continuing Effect Except as contemplated hereby, the Agreement shall remain in full force and effect in accordance with its terms.

  • Continuing Effect of Agreement Except as amended by this Amendment No.1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.1.

  • Continuing Effect; No Other Amendments Except as expressly amended or waived hereby, all of the terms and provisions of the Credit Agreement and the other Loan Documents are and shall remain in full force and effect. The amendments and waivers contained herein shall not constitute an amendment or waiver of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein.

  • Continuing Effectiveness As hereby amended, the Credit Agreement shall remain in full force and effect and is hereby ratified and confirmed in all respects. After the effectiveness hereof, all references in the Credit Agreement or other Loan Documents to the “Agreement”, the “Credit Agreement” or similar terms shall refer to the Credit Agreement as amended hereby. This Amendment is a Loan Document.

  • Amendments to Section 5 1 of the Original Indenture. Solely for the purpose of determining Events of Default with respect to the 2023 Notes, paragraphs Section 5.1(e), Section 5.1(f) and Section 5.1(h) of the Original Indenture shall be amended such that each and every reference therein to the Issuer shall be deemed to mean either the Issuer or Consumers.

  • Amendments to Section 1.01 (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Amendments to Section 6 06. Section 6.06 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendments to Section 2 01. Section 2.01 of the Credit Agreement is hereby amended as follows: (a) Section 2.01(a) is hereby amended and restated in its entirety to read as follows:

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