Release of surplus Any amount remaining to the credit of the Earnings Account following the making of any payment required by Clause 11.2 shall (unless an Event of Default or Potential Event of Default shall have occurred and be continuing) be released to or to the order of the Borrowers.
Release of surplus In the event that the amount of the Additional Prepayment made in accordance with Clause 2.1.6 (such amount calculated utilising the valuation already obtained in December 2008 pursuant to Clause 2.1.7) is greater than the amount of the Additional Prepayment required (such amount calculated utilising the valuations obtained pursuant to Clause 3.8), any amount remaining to the credit of the Cash Collateral Account following the making of any transfer required by Clause 3.6 shall (unless a Default or an Event of Default shall have occurred and be continuing) be released to or to the order of the Borrower.
Release of surplus Any amount remaining to the credit of the Operating Account following the making of any transfer required by Clause 11.4 shall (unless a Default shall have occurred and be continuing) be released to or to the order of the Borrower, subject to an amount of one hundred and fifty thousand Dollars ($150,000) remaining credited to the Operating Account at all times during the Facility Period.
Release of surplus Any amount remaining to the credit of the Earnings Account following the making of any transfer required by Clause 10.4 (Application of Earnings Account) shall (unless an Event of Default shall have occurred and be continuing) be released to or to the order of the Borrower provided that (a) the Borrower are in compliance with Clause 12.2.1 (Financial covenants) both before and after any such release, (b) Clause 10.14 (Additional Security) is complied with and (c) the Guarantor is in compliance with clause 6.8 (Financial Covenants) of the Guarantee.
Release of surplus Any Earnings which have been included in a calculation of Excess Cash Flow remaining to the credit of the Earnings Account following the making of any transfer to the Retention Account required by Clause 10.5 (Transfers to Retention Account) and Clause 10.7 (Cash Sweep to Retention Account), shall (unless an Event of Default shall have occurred and be continuing) be released to or to the order of the Borrower. However, any Earnings not previously included in a calculation of Excess Cash Flow must be included in the Excess Cash Flow calculation for the next Cash Sweep Period.
Release of. On the second anniversary of the Closing Date Buyer shall pay to Seller the [***]* less (i) the amount of all Payable [***]* owed by the Seller to Buyer as of such date and (ii) an amount equal to a reasonable good faith estimate of any remaining [***]* of Buyer (the “[***]*”). Any [***]* shall be held by Buyer until such time as the applicable [***]* is Payable; provided, however, that the balance of the [***]* shall be released to Seller no later than July 31, 2014. Buyer agrees that it shall discuss with Seller not less frequently than once every three (3) months during the period it is holding the [***]*, any proposed [***]*, any proposed [***]*, Buyer’s assessment of the continuing need for the [***]* and whether Buyer believes it is in a position to release any portion of the [***]* prior to the second anniversary of the Closing Date. The Parties agree and acknowledge that the [***]* shall be the sole and exclusive remedy of the Buyer with respect to any claims for indemnification under Section 10.2(a)(iv)(2).
Release of surplus Any amount remaining to the credit of the Earnings Accounts following the making of any transfer required by Clause 17.4 (Application of Earnings Accounts) shall (provided that no Event of Default is continuing and further provided that no payment is due to the Finance Parties pursuant to the Finance Documents) be released to or to the order of the Borrowers. The Accounts shall not be overdrawn. The Original Guarantor shall not be permitted to withdraw sums from the Liquidity Account save for sums that are in excess of the balances set out in Clause 17.14 (Liquidity Account) or otherwise with the prior written consent of the Agent.
Release of. Potential Purchaser acknowledges and understands that some or all of the Evaluation Material may have been prepared by parties other than The Company, and further acknowledges and understands that The Company makes no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the Evaluation Material. Potential Purchaser hereby releases The Company from all claims, demands, causes of action, losses, damages, liabilities, cost or expenses (including attorneys' fees) asserted against or incurred by Potential Purchaser by reason of Potential Purchaser's reliance on or knowledge of the Evaluation Material or by any other reason.
Release of surplus Subject always to the satisfaction of the minimum liquidity requirements set out in Clause 20.1 (Financial covenants) in respect of each and all Earnings Accounts, any amount remaining to the credit of each Earnings Account shall (unless a Default is continuing) be released to or to the order of the Borrowers.
Release of. Claims: You agree as a condition to receipt of any termination payments and benefits provided for in Section 7 herein, that you will execute and not revoke a general release in substantially the form attached hereto as Exhibit A. Such general release shall be provided to you within three (3) days of the date of your termination of employment and you shall execute the general release within 21 days and, pursuant to Exhibit A, the revocation period with respect to such release is 7 days. In the event the release of claims (and the expiration of any revocation rights provided therein) could become effective in one of two (2) of your taxable years depending on when you execute and deliver the release, any payment conditioned on execution of the release shall not be made earlier than the first business day of the later of such tax years.
