Restructuring Costs. (i) In the event this Agreement is terminated, the Parties will exercise best efforts to plan such termination in advance with the goal of minimizing related costs. With respect to Toshiba employees and SanDisk employees working at the Y5 Facility, (A) in the case of those that are Toshiba employees, Toshiba will use its best efforts to retrain or relocate such individuals to other Toshiba facilities, and (B) in the case of those that are SanDisk employees, SanDisk will use its best efforts to retrain or relocate such individuals to other SanDisk facilities, each to the maximum extent possible.
(ii) The Parties agree that in the event of such a SanDisk exit from Flash Forward, ****.
(iii) Upon any termination of this Agreement, the Parties shall meet and discuss in good faith an estimate of the Restructuring Costs anticipated to be incurred by Toshiba. ****.
Restructuring Costs. Actual and projected cash Restructuring Charges from January 1, 1998 through December 31, 1998 shall not exceed $39 million and the sum of the projected cash Restructuring Charges and non-cash accruals for environmental costs for 1998 and 1999 will not exceed $127 million.
Restructuring Costs. The Company shall not, and shall not suffer or permit any Subsidiary to, incur Restructuring Costs in excess of the following amounts in the following periods: Period Amount ------ ------ Closing through the end of fiscal year 1998 $65,000,000 Fiscal year 1999 $55,000,000 Fiscal year 2000 $50,000,000 Fiscal Year 2001 $10,000,000 Each fiscal year thereafter $ 5,000,000 provided, however, that if the Company and its Subsidiaries do not incur the full amount of restructuring costs scheduled to be permitted in any such period, the amount not so incurred may be carried over for incurrence in the next period but not after such next period.
Restructuring Costs. (a) The expense of restructuring NEPOOL ("Restructuring Expense"), including but not limited to (i) software development, hardware and system software costs for implementation of the Tariff and the new market system, (ii) the costs of the formation of the Independent System Operator and related separation costs, (iii) legal and consultant costs related to the amendment of the NEPOOL Agreement (including the Tariff) and the proceeding with respect thereto at the Federal Energy Regulatory Commission, and (iv) capital expenditures and capitalized project costs of the Independent System Operator, shall be funded (to the extent not already funded or funded separately by the ISO) and amortized according to this Section 19.3.
(b) The Restructuring Expense incurred (other than certain capital expenditures and capitalized project costs funded separately by the ISO) before the Second Effective Date (the "Early Restructuring Expense") has been funded during the period prior to such date by those entities which have been the Participants during such period. Commencing at the Second Effective Date, the Early Restructuring Expense shall be amortized in equal monthly amounts and repaid over the next 60 months with interest thereon from the date of payment to August 18, 2000 at the rate of 8% per annum, and thereafter at the rate of 10.78% per annum. Each month during the first twenty months of such period each Participant shall pay its percentage "X", as determined below, of 1/60th of the Early Restructuring Expense, plus accumulated interest, and each Participant or other Entity which previously paid an unreimbursed portion of the aggregate Early Restructuring Expense shall be entitled to receive each month its percentage "Y", as determined below, of the aggregate amount to be paid for the month including accumulated interest. "X" and "Y" shall be determined in accordance with the following formulas:
Restructuring Costs. 73 9.21 Receivables Facility................................................................................ 73 9.22
Restructuring Costs. In the event that Flextronics determines that it is necessary to restructure a legacy System House, then Nortel agrees to reimburse Flextronics for any severance, shut down or other restructuring costs incurred by Flextronics related to any restructuring of any legacy System Houses (“Restructuring Costs”) up to a maximum of [•]; provided that, Flextronics provides Nortel with supporting evidence, in reasonable detail, of the Restructuring Costs in respect of which it is seeking reimbursement. Flextronics and Nortel will work together to mitigate the parties’ exposure to Restructuring Costs, including any exposure to Nortel for Restructuring Costs or similar costs. Nortel may delay the reimbursement of up to [•] of the [•] until Nortel determines that Flextronics has followed a satisfactory mitigation process, which determination Nortel will make no later than [•]. The parties will continue to work together to try to identify alternatives for using the capacity at the legacy System Houses in order to avoid any such restructuring or reorganization.
Restructuring Costs. Subject to the limitations set forth in this Section 5.5, ProMedica shall reimburse the Debtor, promptly upon demand, for all Restructuring Costs paid by the Debtor during the Fee Reimbursement Period. “Restructuring Costs” means all fees, costs and expenses paid by the Debtor to professionals (to the extent either retained by the Debtor or retained by any other Person entitled to reimbursement by the Debtor) during the Fee Reimbursement Period in connection with (i) the Original Plan, (ii) the Amended Plan, (iii) the Bankruptcy Case, or (iv) the restructuring or reorganization of the Debtor. Notwithstanding the foregoing, ProMedica shall not be required by this Section 5.5 to reimburse the Debtor for Restructuring Costs in excess of $2 million per calendar month or, with respect to the calendar month in which the Fee Reimbursement Period ends, to the extent the Fee Reimbursement Period ends on a day other than the last day of such calendar month, a pro rata portion of such amount; provided that, to the extent that the amount of reimbursed Restructuring Costs in any calendar month is less than $2 million, the unused portion may be applied in future calendar months. The “Fee Reimbursement Period” means the period from (and including) May 1, 2018 through (and including) the earlier of (i) the Effective Date (as defined in the Amended Plan) or (ii) the date of termination of this Agreement.
Restructuring Costs. (a) In the event this Agreement is terminated, the Parent Parties will exercise best efforts to plan such termination in advance with the goal of minimizing related costs. With respect to employees of TMC and employees of WD or any of its Subsidiaries working at the Y6 Facility, (A) in the case of those that are employees of TMC or any of its Subsidiaries, TMC will use its best efforts to retrain or relocate such individuals to other TMC facilities, and (B) in the case of those that are employees of WD or any of its Subsidiaries, WD will use its best efforts to retrain or relocate such individuals to other WD facilities, each to the maximum extent possible.
(b) The Parties agree that in the event of such a WD exit from the Y6 Facility, ****
(c) Upon any termination of this Agreement, the Parties shall meet and discuss in good faith an estimate of the Restructuring Costs anticipated to be incurred by TMC. **** **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Restructuring Costs. 237 SECTION 20 INDEPENDENT SYSTEM OPERATOR..................................................................244
Restructuring Costs. Section 8.1(j) of the FA Master Agreement is hereby amended and restated in its entirety as follows: “In connection with any termination of Flash Alliance, the FA Master Agreement and/or the FA Operating Agreement:
(i) the Parties shall exercise their respective reasonable best efforts to plan such termination in advance with the goal of minimizing related costs;
(ii) with respect to employees of TMC and employees of WD or any of its Subsidiaries working at the Y4 Facility, (A) in the case of those that are employees of TMC, TMC shall use its reasonable best efforts to retrain or relocate such individuals to other TMC facilities, and (B) in the case of those that are employees of WD or any of its Subsidiaries, WD shall use its reasonable best efforts to retrain or relocate such individuals to other WD facilities, in each case to the maximum extent possible;
(iii) [***]
(iv) [***]
(v) [***]
