Temporary Limitations. Notwithstanding any other covenant or other provision set forth in this Agreement, the Company will not, and will not permit any Subsidiary, at any time prior to 11:59 p.m. ET on March 29, 2017, to:\
(a) make any payment to any holder of a Debenture prior to March 31, 2017, provided that nothing in this clause (a) shall preclude the Company from paying any amounts due on the maturity of the Debentures in accordance with and subject to the conditions set forth in the Debentures and the Debenture Indenture (in each case as in effect on the date of the First Amendment), including the transfer and deposit by the Company in the Maturity Account (as defined in the Debenture Indenture as in effect on the date of the First Amendment) on or after March 24, 2017 of funds in an amount sufficient to pay the cash amount payable in respect of the Debentures and Debenture Indenture upon maturity (less any tax required by law to be deducted) and, for the purpose of making such payment on maturity, complying with notice or other requirements pursuant to the terms of the Debentures and the Debenture Indenture and the rules of the Toronto Stock Exchange;\
(b) make any Restricted Payment except for any payment or other distribution described in clause (a) of the definition of such term;\
(c) make any payment of principal outstanding under the Notes or any Other NPA Notes, other than:\ \(i) payments of principal outstanding under the Notes and\
Temporary Limitations. During the period ending eighteen (18) months from April 1, 2011, while employed by the Company or any of its parents, subsidiaries, affiliates, successor as assigns, Executive will not have any responsibility for or involvement with, directly or indirectly, any existing or potential soup, broth, stock, sauce, or fruit- or vegetable-based beverage business, including but not limited to any strategic, operational, marketing, sales, research or development decisions or planning with respect to any such business. This will include, but not be limited to, responsibility for or involvement with the Company’s College Inn broth businesses, its Contadina, Del Monte and S&W sauce businesses, and its Del Monte and Snap-E-Xxx tomato juice businesses.
Temporary Limitations. The Operator, at its sole discretion and without incurring any liability to Producer, reserves the right to refuse or limit delivery of Producer's Gas at the Acceptance Point when the Gathering System is shut down or when the Gathering System capacity is reduced due to maintenance or temporary operational difficulties. The Producer shall continue to be obligated to pay the amounts due under Section 502(b), without regard to any impact on actual throughput resulting from shut downs, reduced capacity due to maintenance or temporary operational difficulties. In the event of any such curtailment or reduction in capacity, Producer's Gas is receiving Firm service and shall therefore be the last Natural Gas to be curtailed by Operator.
Temporary Limitations. ICC’s obligations under Section 8.2(a) shall be subject to the following limitations:
(i) subject to Sections 8.2(b)(ii) and 8.2(b)(iii), the obligations of ICC under Section 8.2(a)(ii) shall terminate 24 months following the Second Closing Date (the “Survival Date”);
(ii) the obligations of ICC under Section 8.2(a)(ii) in respect of any Losses relating to or impacted by Tax matters, including any Losses as a result of or in connection with or arising from Section 43 of Schedule B, arising in or in respect of a particular period ending on or before the Closing Date, or under Section 8.2(a)(iii) or Section 8.2(a)(iv), shall terminate on the date that is the earlier of:
(A) 90 days after the relevant Governmental Authorities shall no longer be entitled to assess or reassess liability for Taxes against ICC or any of its Subsidiaries for that particular period, including as a result of any waivers given by ICC or any of its Subsidiaries prior to the Closing in respect of any taxation year; and
(B) the fifteenth anniversary of the Closing Date;
(iii) the obligations of ICC under Section 8.2(a)(ii) in respect of any Losses based on:
(A) any incorrectness in or breach of the representations and warranties set out in Sections 1 to 4(a) of Schedule B (the “ICC Fundamental Representations”);
(B) the absence of, or deficiency in, the title of ICC to the ICC Shares or the title of ICC or any of its Subsidiaries to their respective assets;
(C) intentional misrepresentation or fraud by ICC or any Person acting for or on behalf of ICC; shall terminate on fifteenth anniversary of the Closing Date; and
(iv) the obligations of ICC under Section 8.2(a)(ii) in respect of any Losses based on any incorrectness in or breach of the representations and warranties set out in Section 39 of Schedule B [Environmental Matters] shall terminate on the fifth anniversary of the Closing Date, except, in each case, with respect to Losses (i) set forth in written notices given by a Wayland Indemnified Party to ICC prior to such date, and (ii) incurred by Wayland Indemnified Parties prior to the date of such notices.
Temporary Limitations. ICC’s obligations under Section 8.2(a) shall be subject to the following limitations:
(i) subject to Sections 8.3(b)(ii), the obligations of Wayland under Section 8.3(a)(ii) shall terminate on the Survival Date;
(ii) the obligations of Wayland under Section 8.3(a)(ii) in respect of any Losses based on:
(A) the absence of, or deficiency in, the title of Wayland to the Wayland International Shares; and
(B) intentional misrepresentation or fraud by Wayland or any Person acting for or on behalf of Wayland; except, in each case, with respect to Losses (i) set forth in written notices given by ICC to Wayland prior to such date, and (ii) incurred by ICC prior to the date of such notices.
