Selection and agreement Sample Clauses

Selection and agreement. (a) The duration of each Interest Period for an Advance shall be three months; provided, however, that the Borrower may notify the Agent not later than five Business Days prior to the first day of each Interest Period, specifying that the duration of such Interest Period:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Selection and agreement. The relevant Borrower shall give notice to the Facility Agent not later than (in the case of any Advance denominated in Sterling) 10.00 a.m. on the Business Day prior to, or (in the case of any Advance denominated in an Optional Currency) three Business Days prior to the commencement of each (or the) Interest Period relative to any Advance made hereunder (or in the Request therefor in the case of the first Interest Period relative to any Tranche 1 Advance or the Interest Period in the case of any Tranche 2 Advance) specifying the duration of such Interest Period, which in the case of any Tranche 1 Advance or Tranche 2 Advance shall be of one, two, three or six months, or in each case such other duration as may be agreed (or deemed agreed in accordance with Clause 10.4(c)) by the Facility Agent after consultation with the Reference Banks or as may be required in order to comply with Clause 10.3 (provided that if such duration is over six months then the Facility Agent may only agree with the unanimous consent of the Banks participating in such Advance and provided further that with respect to any Interest Period commencing prior to the earlier of (i) the date on which the Facility Agent notifies the Company that the general syndication of the Facilities has been completed (which the Facility Agent shall do promptly upon it being so completed) and (ii) six months of the --- Unconditional Date, such Interest Periods shall, subject to Clause 10.4(c) be of one month's duration unless the Facility Agent otherwise agrees). If the relevant Borrower fails to specify the duration of an Interest Period for any Advance the duration of that Interest Period shall be
Sample 1
Selection and agreement. The Obligors' Agent shall give notice to the Facility Agent not later than 11.00 a.m. on the third Business Day prior to the commencement of each Interest Period relative to any Advance (or in the Request therefor) specifying the duration of such Interest Period, which shall be (i) in respect of the Tranche A Advances and the Tranche D Advances one, two, three or six months and (ii) in the case of the Tranche B Advances, Tranche C Advances and Tranche E Advances six months, or in each case such other duration as may be agreed by the Facility Agent or as may be required in order to comply with Clause 11.3 (provided that if such duration is over six months the Facility Agent may only agree with the unanimous consent of the Lenders participating in such Advance). If the Obligors' Agent fails to specify the duration of an Interest Period for any Tranche A Advance or Tranche D Advance the duration of that Interest Period shall be one month.
Sample 1
Selection and agreement. The Obligors' Agent shall give notice to the Facility Agent not later than 11.00 a.m. on the third Business Day prior to the commencement of each Interest Period relative to any Advance (or in the Request therefor) specifying the duration of such Interest Period, which (except in the case of a Tranche C Advance) shall be one, two, three or six months (and in the case of a Tranche C Advance six months) or such other duration as may be agreed by the Facility Agent or as may be required in order to comply with Clause 11.3 (provided that if such duration is over six months the Facility Agent may only agree with the unanimous consent of the Lenders participating in such Advance). If the Obligors' Agent fails to specify the duration of an Interest Period for any Advance the duration of that Interest Period shall be three months.
Sample 1
Selection and agreement. The Obligors' Agent shall give notice to the Facility Agent not later than 11.00 a.m. on the third Business Day prior to the commencement of each Interest Period relative to any Advance (or in the Request therefor) specifying the duration of such Interest Period, which shall be of 1 (in the case of a Tranche C Utilisation only), 3 or 6 months or such other duration as may be agreed by the Facility Agent or as may be required in order to comply with Clause 11.3 (provided that if such duration is over six months the Facility Agent may only agree with the unanimous consent of the Banks participating in such Advance). If the Obligors' Agent fails to specify the duration of an Interest Period for any Advance the duration of that Interest Period shall be three months.
Sample 1
Selection and agreement. The relevant Borrower shall give notice to the Facility Agent not later than 10.00 a.m. on the second Business Day prior to the commencement of each (or the) Interest Period relative to any Advance made hereunder (or in the Request therefor in the case of the first Interest Period relative to any Tranche 1 Advance or Tranche 2 Advance or the Interest Period in the case of any Tranche 3 Advance) 34 specifying the duration of such Interest Period, which in the case of any Tranche 1 Advance or Tranche 2 Advance shall be of one, three or six months and in the case of any Tranche 3 Advance shall be of one, two, three or six months, or in each case such other duration as may be agreed by the Facility Agent after consultation with the Reference Banks or as may be required in order to comply with Clause 10.3 (provided that if such duration is over six months then the Facility Agent may only agree with the unanimous consent of the Banks participating in such Advance). If the relevant Borrower fails to specify the duration of an Interest Period for any Advance the duration of that Interest Period shall be three months subject as otherwise required in order to comply with any other provision of this Agreement.
Sample 1

Related to Selection and agreement

  • Representation and Agreement Notwithstanding anything to the contrary in the Equity Definitions (including, but not limited to, Section 9.11 thereof), the parties acknowledge that (i) any Shares delivered to Counterparty shall be, upon delivery, subject to restrictions and limitations arising from Counterparty’s status as issuer of the Shares under applicable securities laws, (ii) Dealer may deliver any Shares required to be delivered hereunder in certificated form in lieu of delivery through the Clearance System and (iii) any Shares delivered to Counterparty may be “restricted securities” (as defined in Rule 144 under the Securities Act of 1933, as amended (the “Securities Act”)).

  • Representations and Agreements (a) The Advisor represents to and agrees with the Company that:

  • SELLER'S REPRESENTATION AND AGREEMENTS (a) Seller represents and warrants as of this date that:

  • Representations and Agreements to Survive All representations, warranties and agreements contained in this Agreement or in certificates shall remain operative and in full force and effect regardless of any investigation made by any party, and shall survive the Termination Date.

  • Survival of Representations and Agreements All representations and warranties, covenants and agreements of the Underwriters and the Company contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto, including the agreements contained in Section 6, the indemnity agreements contained in Section 8 and the contribution agreements contained in Section 9, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of any Underwriter or any controlling person thereof or by or on behalf of the Company, any of its officers and directors or any controlling person thereof, and shall survive delivery of and payment for the Shares to and by the Underwriters. The representations contained in Section 1 and the agreements contained in Sections 6, 8, 9, 11, 12 and 18 hereof shall survive any termination of this Agreement, including termination pursuant to Section 10 or 12 hereof.

  • Representations and Agreements to Survive Delivery The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of Cowen, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

  • REPRESENTATIONS AND AGREEMENTS OF EXECUTIVE (a) Executive represents and warrants that he is free to enter into this Agreement and to perform the duties required hereunder, and that there are no employment contracts or understandings, restrictive covenants or other restrictions, whether written or oral, preventing the performance of his duties hereunder.

  • Representation, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:

  • Representations, Warranties and Agreements of the Servicer The Servicer, as a condition to the consummation of the transactions contemplated hereby, hereby makes the following representations and warranties to the Master Servicer, the Depositor and the Trustee, as of the Closing Date:

  • Representations, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!