Subpart B Sample Clauses

Subpart B. Each of the exemptions at this section may be applied to re- search subject to subpart B if the con- ditions of the exemption are met.
Sample 1
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Subpart B. During the Initial Term, Fixed Rent shall be paid in the amounts hereinafter set forth in Subpart A of this Schedule 2 with respect to the Initial Term. During any fixed rate Extension Period described in Section 12 of Part I of this Lease, Fixed Rent shall be paid at the Fair Market Rental Value with respect to such fixed rate Extension Periods. Notwithstanding the provisions below, in no event shall the annual Fair Market Rental Value for the first year of the first Extension Period be less than [***] of the annual Fixed Rent for the last year of the Initial Term and the Fair Market Rental Value shall increase by no less than [***] annually each year of any Extension Period. During any Extension Period, Fixed Rent shall be paid in an amount equal to [***] of the Fair Market Rental Value of the Premises for such Extension Period as determined by a Appraiser as hereinafter set forth in this Schedule 2; provided, that during the first [***] years of the first Extension Period, Fixed Rent shall be equal to [***] of the Fair Market Rental Value as so determined. In the event Tenant exercises a Renewal Option to extend this Lease for an Extension Period, then Landlord and Tenant shall attempt in good faith for a period of ten (10) days to agree upon a single Appraiser; and if Landlord and Tenant are so able to agree, the determination by such single Appraiser of a Fair Market Rental Value for the Premises for such Extension Period shall be final and binding on the parties. If Landlord and Tenant are unable to agree upon a single Appraiser within the above-stated ten (10) day period, then the following procedures shall apply:
Sample 1
Subpart B. The Borrower is the holder of each of the FCC Licenses listed on the Cable Schedule, each of which has the effective and expiration dates noted on the Cable Schedule, and is, to the best of the Borrower's knowledge, lawfully issued (and continues to exist) pursuant to the rules and regulations of the FCC. The Borrower is presently in compliance in all material respects with all terms and conditions of all FCC Licenses covering the Cable Systems, all Federal, state and local laws, all rules, regulations and administrative orders of the FCC (other than with respect to compliance with regulations promulgated by the FCC regarding rates and codified at,47 C.F.R. Sections 76.922-76.924, with which, to the Borrower's knowledge, it is in compliance in all material respects) and all state and local commissions or authorities which are applicable to the Borrower or the operation of the Cable Systems (including, without limitation, those regarding signal leakage), and the foregoing permit any contemplated and continued operation of the Cable Systems without the obtaining of any further approvals, covenants, modifications or the taking of any other action of any kind or nature whatsoever. The Borrower has received no notice that any fact or any past, present or threatened occurrence would preclude or impair its ability to obtain any FCC License or other Franchise necessary for the operation of the Cable Systems as currently operated or as contemplated to be operated in any projections furnished to the Agent.
Sample 1
Subpart B. Section 7.2 of the Master Agreement is hereby amended by deleting such Section in its entirety and substituting in lieu thereof the following:
Sample 1
Subpart B. Subpart B establishes rules for determining the value of mul- tiemployer plan benefits and assets, in- cluding outstanding claims for with- drawal liability, for plans required to perform annual valuations under sec- tion 4281(b) of ERISA or allocate un- funded vested benefits under section 4219(c)(1)(D) of ERISA.
Sample 1

Related to Subpart B

  • Indemnities by the Originators Without limiting any other rights which the Company may have hereunder or under applicable law, each Originator, severally and for itself alone, hereby agrees to indemnify and hold harmless the Company and each of its Affiliates, agents, employees, officers, and directors (each of the foregoing Persons being individually called a “Purchase and Sale Indemnified Party”), forthwith on demand, from and against any and all claims, damages, expenses, costs, losses and liabilities, including Attorney Costs (all of the foregoing being collectively called “Purchase and Sale Relevant Amounts”) arising out of or resulting from the failure of such Originator to perform its obligations under this Agreement, or arising out of the claims asserted against a Purchase and Sale Indemnified Party relating to the acquisition of the Sold Receivables by the Company, excluding, Purchase and Sale Relevant Amounts to the extent, (a) such Purchase and Sale Relevant Amounts are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the fraud, gross negligence or willful misconduct of such Purchase and Sale Indemnified Party, (b) due to the credit risk of an Obligor and for which reimbursement would constitute recourse to any Originator for uncollectible Receivables or (c) such Purchase and Sale Relevant Amounts are in respect of Taxes other than any Taxes that represent losses, claims, damages, etc. arising from any non-Tax claim; provided, that nothing contained in this sentence shall limit the liability of such Originator or limit the recourse of any Purchase and Sale Indemnified Party to such Originator for any amounts otherwise specifically provided to be paid by such Originator hereunder. Without limiting the foregoing indemnification, but subject to the limitations set forth in clauses (a), (b) and (c) of the previous sentence, each Originator, severally for itself alone, shall indemnify each Purchase and Sale Indemnified Party for Purchase and Sale Relevant Amounts relating to or resulting from:

  • Payment of Liabilities Seller shall pay or otherwise satisfy in the Ordinary Course of Business all of its Liabilities and obligations. Buyer and Seller hereby waive compliance with the bulk-transfer provisions of the Uniform Commercial Code (or any similar law) (“Bulk Sales Laws”) in connection with the Contemplated Transactions.

  • Requirements Applicable to All Dispositions and Admissions Any Disposition of Membership Interests and any admission of an Assignee as a Member shall also be subject to the following requirements, and such Disposition (and admission, if applicable) shall not be effective unless such requirements are complied with:

  • Scope of Liability Neither the Servicer or any subservicer appointed by it, nor any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, shall be under any liability to the Master Servicer, the Trustee or, if applicable, the Trust Administrator for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Servicer, any subservicer or any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of his or its duties or by reason of reckless disregard of his or its obligations and duties hereunder. The Servicer, any subservicer and any of their respective partners, directors, officers, employees or agents, or its delegees pursuant to Section 11.2.1 hereof, may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

  • Prohibited Persons and Transactions Neither Seller, nor any of its affiliates, nor any of their respective members or partners, and none of their respective officers or directors is, nor prior to Closing, or the earlier termination of this Agreement, will they become, a person or entity with whom U.S. persons or entities are restricted from doing business under the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated Blocked Persons List) or under any U.S. statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action and is not, and prior to Closing or the earlier termination of this Agreement will not, engage in any dealings or transactions with or be otherwise associated with such persons or entities.

  • Assignment and Participations Appointment of Agent 9.1 Assignment and Participations -----------------------------

  • Assignments and transfers by the Lenders Subject to this Clause 23, a Lender (the “Existing Lender”) may:

  • Performance and Compliance with Contracts and Credit and Collection Policy The Seller shall (and shall cause the Servicer to), at its expense, timely and fully perform and comply with all material provisions, covenants and other promises required to be observed by it under the Contracts related to the Receivables, and timely and fully comply in all material respects with the applicable Credit and Collection Policies with regard to each Receivable and the related Contract.

  • Assignments and transfer by Obligors No Obligor may assign any of its rights or transfer any of its rights or obligations under the Finance Documents.

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