Release of Reserve Sample Clauses

Release of Reserve. 27 If the Board, subsequent to the establishment of a reserve pursuant to Section 4.03 hereof, 28 determines that the ACE, as adjusted pursuant to Section 4.03, will be fully harvested by the 29 Participating Vessels, the Board shall, at its discretion, release and authorize the harvesting of 30 the reserve so as not to exceed the ACE for any species unless additional ACE can be acquired. 31 This provision should be considered exclusive to the administration of the Sector and would 32 therefore not be subject to NMFS enforcement.
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Release of Reserve. If the Board, subsequent to the establishment of a reserve pursuant to Section 4.03 hereof, determines that the ACE, as adjusted pursuant to Section 4.03, will be fully harvested by the Participating Vessels, the Board shall, at its discretion, release and authorize the harvesting of the reserve so as not to exceed the ACE for any species unless additional ACE can be acquired.
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Release of Reserve. If prior to the date hereof, the Investor had a share reserve with the Company’s transfer agent, it has instructed such transfer agent to release the amount shares of Common Stock the Investor has reserved of the maximum number of shares of Common Stock issuable upon conversion of any of the Securities.
Sample 1
Release of Reserve. If prior to the date hereof, the Investor had a share reserve with West Coast Stock Transfer, the Company’s transfer agent, it has instructed such transfer agent to release the amount shares of Common Stock the Investor has reserved in excess of 125% of the maximum number of shares of Common Stock issuable upon conversion of the Series C-2 (assuming for purposes hereof that such Series C-2 are convertible at the initial Conversion Price and any such reservation shall not take into account any limitations on the conversion of the Series C-2 set forth herein).
Sample 1
Release of Reserve. The following conditions ("TRANSFER CONDITIONS") shall apply to the return of the Letter of Credit and/or release of the Reserve: (a) Borrower shall not then be in breach of any provision of this Agreement nor shall an Event of Default then exist under any of the Loan Documents. (b) Borrower then continues to be the owner in fee simple of Phase I and Phase II (c) Borrower shall provide evidence reasonably satisfactory to Lender that (i) Rent in an amount not less than $326,370.00 per annum shall be currently collectible from actual occupants of Phase II under written Leases that are in form, for periods and at rentals satisfactory in all respects to Lender, under which Leases there shall be no concessions, free rent or rebates, and occupancy at Phase II under such Leases shall be no less than 92%. (d) Borrower shall provide evidence reasonably satisfactory to Lender that Rent in an amount of not less than $2,667,373.00 per annum shall be currently collectible from actual occupants of the combined Phase I and Phase II under written Leases that are in form, for periods and at rentals satisfactory in all respects to Lender, under which Leases there shall be no concessions, free rent or rebates, and occupancy at the combined Phase I and Phase II under such Leases shall be no less than 92%. (e) The loan to value ratio for the combined Phase I and Phase II shall not be greater than fifty-five percent (55%) and the Debt Service Coverage Ratio for the Loan shall not be less than 2.40:1 as calculated by Lender. (f) Borrower shall provide Lender with a certified rent roll and operating statements and calculations evidencing satisfaction of the requirements of Paragraph 4(c) and 4(d) above and the Debt Service Coverage Ratio as set forth in Paragraph 4(e) above. (g) Borrower shall provide Lender with such additional documents, certificates and affidavits as Lender may reasonably request.
Sample 1
Release of Reserve. Within a reasonable time after payment in full of Borrowers Liabilities with respect to a specific Advance to Borrower, and provided an Event of default does not then exist, EAB will release and pay to Borrower from the Reserve the amount withheld or delivered by Borrower at the time of sat: advance or purchase, less any part of said amount that may have been applied by EAB toward the payment of any of Borrowers Liabilities. Upon payment in full of all Borrowers Liabilities the balance then remaining in the Reserve, if any, without interest, shall be paid to Borrower.
Sample 1
Release of Reserve. The Reserve is retained for purposes of making the monthly payments due under the Note until such time as United Technologies begins making rental payments pursuant to its lease of the Mortgaged Premises. Beginning on the first day of April, 2013, and continuing on the first day of each month thereafter through September1, 2013, Collateral Agent shall pay to Lender the sum of Thirty-Seven Thousand Five hundred and No/100 Dollars ($37,500.00) to be applied to the monthly payments due under the Note.
Sample 1
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Release of Reserve. So long as the Company pays the Cash Payment to Lender on or before the Deadline, Lender will release all reserved shares of the Company’s common stock under the reserve letter entered into with the Company’s transfer agent with respect to the Note and Warrants.
Sample 1
Release of Reserve. On the second (2nd) Business Day of each calendar week following the "Week Ending" date set forth on Exhibit A, Agents and Lenders shall release funds from the Reserve (as defined in the Credit Agreement) in an amount equal to the "Amount Released" corresponding with such "Week Ending" date on Exhibit A hereto so long as sufficient funds remain in the Reserve and no Default or Event of Default has occurred hereunder, under the Credit Agreement or under any of the Loan Documents.
Sample 1

Related to Release of Reserve

  • Release of Restrictions Upon vesting of any portion of the shares of Restricted Stock and satisfaction of any other conditions required by the Plan or pursuant to this Restricted Stock Agreement, the Company shall promptly either issue a stock certificate, without such restricted legend, for any shares of the Restricted Stock that have vested, or, if the shares are held in book entry form, the Company shall remove the notations on the book form for any shares of the Restricted Stock that have vested.

  • Release of Required Repair Funds Lender shall disburse to Borrower the Required Repair Funds from the Required Repair Account from time to time upon satisfaction by Borrower of each of the following conditions: (i) Borrower shall submit a written request for payment to Lender at least fifteen (15) days prior to the date on which Borrower requests such payment be made and specifies the Required Repairs to be paid, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Default or Event of Default shall exist and remain uncured, (iii) Lender shall have received a certificate from Borrower (A) stating that all Required Repairs at the Property to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with all applicable federal, state and local laws, rules and regulations, such certificate to be accompanied by a copy of any license, permit or other approval by any Governmental Authority required to commence and/or complete the Required Repairs, (B) identifying each Person that supplied materials or labor in connection with the Required Repairs performed at the Property to be funded by the requested disbursement under a contract in excess of $50,000, and (C) stating that each Person who has supplied materials or labor in connection with the Required Repairs to be funded by the requested disbursement has been paid in full or will be paid in full upon such disbursement, such certificate to be accompanied by lien waivers or other evidence of payment satisfactory to Lender, (iv) at Lender’s option, a title search for the Property indicating that the Property is free from all liens, claims and other encumbrances not previously approved by Lender, and (v) Lender shall have received such other evidence as Lender shall reasonably request that the Required Repairs at the Property to be funded by the requested disbursement have been completed and are paid for or will be paid upon such disbursement to Borrower. Lender shall not be required to make disbursements from the Required Repair Account with respect to the Property more than once each calendar month and such disbursement shall be made only upon satisfaction of each condition contained in this Section 7.1.2.

  • Release of Deposit If DSI does not receive Contrary Instructions from the Depositor, DSI is authorized to release the Deposit Materials to the Preferred Beneficiary or, if more than one beneficiary is registered to the deposit, to release a copy of the Deposit Materials to the Preferred Beneficiary. However, DSI is entitled to receive any fees due DSI before making the release. Any copying expense in excess of $300 will be chargeable to Preferred Beneficiary. This Agreement will terminate upon the release of the Deposit Materials held by DSI.

  • Release of Rights Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property.

  • Release of D&O Lock-up Period If the Representative, in its sole discretion, agrees to release or waive the restrictions set forth in the Lock-Up Agreements described in Section 2.24 hereof for an officer or director of the Company and provide the Company with notice of the impending release or waiver at least three (3) Business Days before the effective date of the release or waiver, the Company agrees to announce the impending release or waiver by a press release substantially in the form of Exhibit C hereto through a major news service at least two (2) Business Days before the effective date of the release or waiver.

  • PRE-RELEASE OF RECEIPTS The Depositary may issue Receipts against rights to receive Shares from the Company (or any agent of the Company recording Share ownership). No such issue of Receipts will be deemed a "Pre-Release" subject to the restrictions of the following paragraph. Unless requested by the Company to cease doing so, the Depositary may, notwithstanding Section 2.03 hereof, execute and deliver Receipts prior to the receipt of Shares pursuant to Section 2.02 ("Pre-Release"). The Depositary may, pursuant to Section 2.05, deliver Shares upon the receipt and cancellation of Receipts which have been Pre-Released, whether or not such cancellation is prior to the termination of such Pre-Release or the Depositary knows that such Receipt has been Pre-Released. The Depositary may receive Receipts in lieu of Shares in satisfaction of a Pre-Release. Each Pre-Release will be (a) preceded or accompanied by a written representation and agreement from the person to whom Receipts are to be delivered (the "Pre-Releasee") that the Pre-Releasee, or its customer, (i) owns the Shares or Receipts to be remitted, as the case may be, (ii) assigns all beneficial right, title and interest in such Shares or Receipts, as the case may be, to the Depositary for the benefit of the Owners, and (iii) agrees in effect to hold such Shares or Receipts, as the case may be, for the account of the Depositary until delivery of the same upon the Depositary's request, (b) at all times fully collateralized with cash or U.S. government securities, (c) terminable by the Depositary on not more than five (5) business days notice, and (d) subject to such further indemnities and credit regulations as the Depositary deems appropriate. The number of American Depositary Shares which are outstanding at any time as a result of Pre-Releases will not normally exceed thirty percent (30%) of the American Depositary Shares outstanding (without giving effect to American Depositary Shares evidenced by Receipts outstanding as a result of Pre-Release); provided, however, that the Depositary reserves the right to disregard such limit from time to time as it deems appropriate and may, with the prior written consent of the Company, change such limit for purposes of general application. The Depositary will also set limits with respect to the number of Pre-Released Receipts involved in transactions to be done hereunder with any one person on a case by case basis as it deems appropriate. The collateral referred to in clause (b) above shall be held by the Depositary for the benefit of the Owners as security for the performance of the obligations to deliver Shares or Receipts set forth in clause (a) above (and shall not, for the avoidance of doubt, constitute Deposited Securities hereunder). The Depositary may retain for its own account any compensation received by it in connection with the foregoing.

  • Permitted Withdrawals From Escrow Account Withdrawals from the Escrow Account or Accounts may be made by the Company only: (i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (ii) to reimburse the Company for any Servicing Advances made by the Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder; (iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (iv) for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note; (v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 4.14; (vi) to pay to the Company, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; (vii) to clear and terminate the Escrow Account on the termination of this Agreement; and (viii) to withdraw funds deposited in error.

  • Timing of Release of Claims Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution and non-revocation of a release of claims, such as the separation agreement referenced in Section 11(a) hereof, such release must be executed and all revocation periods shall have expired within 60 days after the Date of Termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, then, subject to subsection (c) above, such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the Date of Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Company may elect to make or commence payment at any time during such 60-day period.

  • Release of Releasees ‌ (1) Upon the Effective Date, and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have.

  • Release of Deposits Escrow Agent will make available for electronic download (unless otherwise requested) to ICANN or its designee, within twenty-­‐four (24) hours, at the Registry Operator’s expense, all Deposits in Escrow Agent’s possession in the event that the Escrow Agent receives a request from Registry Operator to effect such delivery to ICANN, or receives one of the following written notices by ICANN stating that: 6.1. the Registry Agreement has expired without renewal, or been terminated; or 6.2. ICANN has not received a notification as described in Part B, Sections 7.1 and

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