Subsequent Conditions. Contractor shall comply with all requirements of this Agreement and the State shall have no obligation to enroll any recipients into the Health/dental plan until such time as all of said requirements have been met.
Subsequent Conditions. The Contractor shall comply with all requirements of this Contract and SCDHHS shall have no obligation to enroll any Program members into the Contractor's plan until such time as all of said requirements have been met.
Subsequent Conditions. The Borrower shall perform the following actions (or ensure performance of these actions by the Company or other Group companies) within the terms provided for in this clause:
Subsequent Conditions. (a) Borrower covenants and agrees that, no later than thirty (30) days following the Effective Date, Borrower shall (i) enter into a “blocked” or “immediately restricted” deposit account control agreement, in form and substance reasonably satisfactory to the Administrative Agent, establishing control (as defined in the UCC) of a newly opened deposit account by the Administrative Agent and whereby the bank maintaining such account agrees, at all times to comply only with the instructions originated by the Secured Party without the further consent of the Borrower, and (ii) provide evidence satisfactory to the Administrative Agent of the deposit of $3,000,000 in the account referred to in clause (i). Borrower acknowledges and agrees that upon the occurrence of an Event of Default, including, but not limited to a failure to make the mandatory prepayment set forth in Section 6.1.2(a)(vi) of the Credit Agreement, Administrative Agent may direct the funds held in such account for payment to the outstanding Obligations. Failure to comply with the foregoing obligations by the applicable date shall result in an immediate Event of Default under the Credit Agreement for which no cure period shall apply.
(b) Borrower covenants and agrees that, no later than ten (10) Business Days following the Effective Date, Borrower shall have updated the source code subject to the third party source code escrow agreement and provide evidence of the same which is satisfactory to Administrative Agent in its reasonable discretion.
Subsequent Conditions. The Borrower shall ensure that documents and information specified in Annex 10 (Subsequent Conditions) are provided to the Credit Manager within the time specified in it.
Subsequent Conditions. The Borrower shall, within 60 (Sixty) days from the date of this Agreement, provide to the Facility Agent with the notarized translations into Russian of the documents listed in Appendix 1(Conditions Precedent) which have been executed in a foreign language and provided with apostille.
Subsequent Conditions. The aforementioned work or services will either:
a. Be provided on County property No ; or
b. Include construction on or making improvements to any real property No . If “Yes” to either 2.a. or 2.b. above, then this form is required. If “No”, this form is not required. The undersigned hereby certifies on behalf of the Subrecipient, that:
A. The Subrecipient hereby certifies that it has workers’ compensation coverage for all of my workers through the employee leasing arrangement specified below:
B. The Subrecipient understands that its contract with the employee leasing company limits its workers’ compensation coverage to enrolled worksite employees only and that the Subrecipient’s leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. Accordingly, the Subrecipient affirms that 100% of its workers are covered as worksite employees with the employee leasing company.
Subsequent Conditions. 3.1 Notwithstanding Section 2, upon the expiration or termination of an agreement that requires sale of a product or products exclusively to IBM, New McDATA shall work exclusively with Holdings to make available for sale or lease to third parties any ESCON Products, as reasonably modified for general availability, now permitted to be sold or leased to third parties ("Permitted ESCON Products"). Both parties agree to negotiate in good faith a minimum annual sales goal for Holdings to maintain such exclusivity.
3.2 For so long as New McDATA and Holdings work on Permitted ESCON Products as provided in section 3.1 above, New McDATA shall own any improvements to the OldCo Technology made by New McDATA employees embodied in Permitted ESCON Products. New McDATA grants to EMC and Holdings an irrevocable, worldwide, royalty-free, nonexclusive license, with the right to sublicense others, to make, use and sell such improved OldCo Technology, subject to the same restrictions set forth in Section 2.
3.3 Should New McDATA fail to supply products which fulfill the contractual commitment(s) of Holdings to IBM, New McDATA agrees: (1) to grant to Holdings and IBM a license to all New McDATA intellectual property rights necessary to fulfill Holdings' contractual commitments to IBM pursuant to manufacturing rights provisions in the IBM Agreements and (2) to provide to Holdings and IBM all documentation and information necessary to manufacture the products and fulfill Holdings' obligations and IBM's requirements pursuant to manufacturing rights provisions and within the contractual timeframe in the IBM Agreements.
3.4 Nothing in this Agreement shall restrict the ability of any party's employees who have, in the past, rightfully been exposed to the Confidential Information of the other party to use trade secrets contained in such Confidential Information in the normal course of their duties; provided however, that the user of such trade secret do what is ordinary and reasonable to maintain such trade secret status.
Subsequent Conditions. 4.1 This employment agreement is concluded on the condition that Employee currently is, and will remain at all times authorized to practise his/her profession and perform the related work. Being authorized means being in possession of all relevant diplomas, authorizations, registration certificates, approvals, medical examinations and training courses issued or to be issued by or in the name of the government and/or civic organizations and/or companies.
4.2 If Employee is no longer authorized as described in paragraph 4.1 as a result of a circumstance that can be attributed to Employee and Employee can therefore no longer perform his/her work, then Employee will be given one week to remedy that situation. If it is not possible to remedy that situation within that term, the employment agreement will be dissolved.
Subsequent Conditions. Each Lender's obligation to make subsequent Loans and the Issuing Lender's obligation to issue any Letter of Credit are subject to the satisfaction of each of the following conditions on and as of the date of disbursement of each such subsequent Loan or the issuance of each such Letter of Credit, as applicable, unless waived in writing by the Administrative Agent:
(a) The Administrative Agent shall have received the items required to be delivered to the Administrative Agent under Section 2.05, an L/C Application and/or an LC Amendment Application, as applicable.
(b) The representations and warranties contained in Article V shall be true and correct in all material respects as though made on and as of the date of the applicable borrowing date or issuance date for a Letter of Credit (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date).
(c) No event or events shall have occurred which, individually or in the aggregate, has had or reasonably could be expected to have a Material Adverse Effect.
(d) No Potential Default or Event of Default shall have occurred and be continuing or shall result from such Loan or Letter of Credit.
(e) The Collateral Documents shall be in full force and effect and the Administrative Agent (on behalf of the Lenders) shall have a first priority lien on and security interest in the Collateral described therein having priority over all other Liens in the Collateral except Permitted Liens.
(f) The Borrower shall have complied with the provisions of Section 2.10 to the extent applicable.
(g) The making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders.
(h) The Borrower shall have delivered to the Administrative Agent a duly executed and completed Notice of Borrowing (or other documentation requested by the Administrative Agent) or to the Issuing Lender an L/C Application or L/C Amendment, as the case may be.
(i) All fees and expenses of the Administrative Agent in connection with the Loans shall have been paid to the Administrative Agent, including reasonable attorneys' fees, incurred in the drafting, preparation, review, negotiation, execution and delivery of the documents and instruments executed or to be executed in connection with the Loans.
