Temporary Waiver Period Sample Clauses

Temporary Waiver Period. So long as no Event of Default has occurred and is continuing, amounts paid under the preceding subsections (iii) and (iv) shall be applied as follows: (1) first, to repay the principal outstanding on Swingline Loans, from nearest Swingline Maturity Date to latest Swingline Maturity Date, to the full extent thereof, (2) second, to repay the principal outstanding on the Revolving Loans and any Reimbursement Obligations pro rata in accordance with Section 3.2. and then if any Letters of Credit are outstanding at such time, the undrawn amount thereof deposited into the Letter of Credit Collateral Account for application to any Reimbursement Obligations, in each such case, to the full extent thereof, (3) third, to repay all other outstanding Obligations hereunder, in the order and manner provided in Section 10.5, to the full extent thereof, and (4) fourth, after all Obligations have been repaid in full, to the Borrower either, at the Borrower’s discretion, (i) (x) first, to repay the unsecured notes issued by Xxxxxxxx then outstanding and coming due in 2021, 2022 and 2023, in order from nearest term maturity to latest term maturity, and (y) second, to repay any other secured or unsecured notes issued by Borrower then outstanding, solely to the extent the Revolving Commitments are permanently reduced in accordance with Section 2.12 by an amount equal to or greater than the amount of such repayment pursuant to this clause (y), or (ii) to be retained by the Borrower (provided that any amounts so retained by the Borrower may not be applied to repay any Indebtedness (other than amounts subsequently due under the Loan Documents or as permitted pursuant to the foregoing clauses (B)(1) through (B)(4)) or in a manner that violates this Agreement); provided, however, that, notwithstanding the foregoing, on one occasion, the Borrower may make a one-time election to instead apply any such amounts paid under the preceding subsection (b)(iii) or (b)(iv) as follows, so long as, at the time of such repayment and immediately after giving pro forma effect thereto, (x) the Borrower shall be in compliance with the Temporary Waiver Period Incurrence Conditions, and (y) the Borrower shall maintain compliance with the Collateral Property Availability (solely in the case of amounts paid under the preceding subsection (iv), recalculated to exclude any Collateral Property that is the subject of such Qualified Collateral Property Sale): (1) first, to repay the 4.50% Senior Notes, and (2...
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Temporary Waiver Period. Subject to Section 2.8(b)(iv), no later than the third Business Day following the date of receipt by the Borrower, any of its Subsidiaries or, to the extent the Borrower or any of its Subsidiaries has the power to cause or otherwise compel distribution of such Net Cash Proceeds therefrom, any of its Unconsolidated Affiliates of any Net Cash Proceeds at any time during the Temporary Waiver Period and continuing thereafter until the Post-Temporary Waiver Period Compliance Date, the Borrower shall (to the extent any Obligations remain outstanding) (A) give the Administrative Agent written notice of the receipt of such Net Cash Proceeds and (B) pay to the Administrative Agent one hundred percent (100%) of all such Net Cash Proceeds, which prepayment shall be applied in accordance with Section 2.8(b)(v)(B).
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Temporary Waiver Period. Notwithstanding anything to the contrary contained herein, at all times during the Temporary Waiver Period and continuing thereafter until the Post-Temporary Waiver Period Compliance Date, the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary or Unconsolidated Affiliate to do any of the following without the prior written consent of the Requisite Lenders: (a) incur any additional Indebtedness (including, without limitation, any increase in the Term Loans or the Revolving Commitments pursuant to Section 2.16), other than (i) borrowings of Revolving Loans in accordance with the terms hereof, (ii) any issuance by the Borrower of unsecured notes pursuant to a Qualified Notes Issuance, provided that (A) the proceeds thereof are applied in accordance with Section 2.8(b)(ivv)(CB) and (B) no Default or Event of Default has occurred and is continuing or would result therefrom, (iii) pursuant to a Stimulus Transaction, and (iv) any other incurrence by (x) the Borrower of unsecured Indebtedness or (y) any Subsidiary or Unconsolidated Affiliate of secured or unsecured Nonrecourse Indebtedness (which Indebtedness may be guaranteed by the Borrower on a nonrecourse basis (subject to customary exceptions for fraud, misapplication of funds, environmental indemnities, voluntary bankruptcy, collusive involuntary bankruptcy and other similar customary exceptions to nonrecourse liability)), in each case, provided that (A) subject to clause (C)(2) below, the proceeds thereof are applied in accordance with Section 2.8(b)(ivv)(B), (B) no Default or Event of Default has occurred and is continuing or would result therefrom, and (C) in the case of secured Nonrecourse Indebtedness pursuant to clause (y), (1) such secured Nonrecourse Indebtedness is not secured by any Pledged Interests or any other assets owned by the issuers thereof and (2) the Net Cash Proceeds of such secured Nonrecourse Indebtedness are used solely to repay the outstanding Term Loans and the 4.25% Senior Notes, in each case in accordance with Section 2.8(b)(iii)(B). For avoidance of doubt, no secured Nonrecourse Indebtedness shall be permitted pursuant to the preceding clause (iv)(y) in excess of the amount necessary to repay the outstanding Term Loans and the 4.25% Senior Notesunless the Borrower is not in compliance with the Temporary Waiver Period Incurrence Conditions, at the time of incurrence or as a result of the application of subclause (A) of this clause (iv), no Revolv...
Sample 1See All (4)
Temporary Waiver Period. Notwithstanding anything to the contrary contained herein, so long as the Temporary Waiver Period is continuing, the following provisions will apply: (a) Xxxxxxxx agrees to comply, and cause each Company to comply, with the following: (i) [Reserved]; (ii) The Restricted Companies shall maintain Availability and Unrestricted Cash, on the last day of each month, in an aggregate amount of not less than $150,000,000; (iii) No Restricted Company will incur Secured Debt which when added to the aggregate existing Secured Debt and Availability is in excess of $1,750,000,000, and any Secured Debt, other than Loans and L/Cs Borrowings, shall be subject to an intercreditor agreement in form and substance reasonably satisfactory to Administrative Agent; (iv) VRI will not make any Distributions unless (A) no Default or Potential Default exists or arises after giving effect to such Distribution, (B) the Restricted Companies have Availability and Unrestricted Cash in an aggregate amount of at least $300,000,000 immediately after giving effect to such Distribution (as evidenced by a certificate delivered by the Borrower to Administrative Agent in the form of Exhibit H attached hereto) and (C) such Distributions do not exceed $38,200,000 in the aggregate per fiscal quarter; (v) No Company will make or suffer to exist any loan, advance, extension of credit or capital contribution to, make any investment in, purchase or commit to purchase any stock or other securities or evidences of Debt of, or interests in, any other Person, or Permitted Recourse Obligations constituting Debt pursuant to Section 10.8(l), (m), (t) or (v) of this Agreement, unless the Restricted Companies have Availability and Unrestricted Cash in an aggregate amount of at least $300,000,000 immediately after giving effect to such transaction (as evidenced by a certificate delivered by the Borrower to Administrative Agent in the form of Exhibit H attached hereto); (vi) [Reserved]; (vii) Borrower shall apply the net cash proceeds received from the sale, assignment, lease, transfer or other disposition of a Restricted Company’s assets with a fair market value in excess of $15,000,000 towards repayment of the Revolver Principal Debt or the Term Revolver Principal Debt, as directed by Xxxxxxxx; and (b) On the Third Amendment Closing Date, in order to accommodate the establishment of differing rate floors for the portion of any Term Loans for which Borrower has entered into Financial Xxxxxx for purposes of hedgin...
Sample 1
Temporary Waiver Period. Subject to Section 2.8(b)(iii), no later than the third Business Day following the date of receipt by the Borrower, any of its Subsidiaries or Unconsolidated Affiliates of any Net Cash Proceeds at any time during the Temporary Waiver Period and continuing thereafter until the Post-Temporary Waiver Period Compliance Date, the Borrower shall (to the extent any Obligations remain outstanding) (A) give the Administrative Agent written notice of the receipt of such Net Cash Proceeds and (B) pay to the Administrative Agent one hundred percent (100%) of all such Net Cash Proceeds, which prepayment shall be applied in accordance with Section 2.8(b)(iv)(B).
Sample 1
Temporary Waiver Period. So long as no Event of Default has occurred and is continuing, amounts paid under the preceding subsection (ii) shall be applied as follows:
Sample 1
Temporary Waiver Period. Notwithstanding anything to the contrary contained herein, at all times during the Temporary Waiver Period and continuing thereafter until the Post-Temporary Waiver Period Compliance Date, the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary or Unconsolidated Affiliate to do any of the following without the prior written consent of the Requisite Lenders:
Sample 1
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Temporary Waiver Period. Subject to the terms and conditions of this Agreement, the Lenders party hereto agree to temporarily waive the Scheduled Defaults during the period from and including the Effective Date until the earliest to occur of (the date of such occurrence, the “Temporary Waiver Termination Date”; and such period, the “Temporary Waiver Period”) (a) 5:00 P.M. (New York City time) on August 15, 2009, (b) the occurrence and continuance of an Event of Default that is not a Scheduled Default, (c) the payment of the interest payment due and owing on August 1, 2009 to the holders under the U.S. Borrower’s 8½% Senior Subordinated Notes due 2015, (d) any representation or warranty made by any Loan Party in this Agreement proving to have been untrue, inaccurate or incomplete in any material respect on or as of the date made or deemed made, (e) failure of any Loan Party to perform, as and when required, any of their respective covenants or other obligations set forth in this Agreement (it being understood that time is of the essence for each such covenant and obligation), including without limitation, any provision of Section 4 below, and (f) any Loan Party shall take any action to challenge (including without limitation, to assert in writing any challenge to) the validity or enforceability of this Agreement or any other Loan Document or any provision hereof or thereof.
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Related to Temporary Waiver Period

  • Temporary Work Temporary work results from replacing a faculty member on leave, or assigned to other duties, or work that is a result of a time limited contract/project.

  • Temporary Suspension JetBrains reserves the right to suspend Customer’s access to JetBrains Products if Customer or User’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.

  • Temporary Positions A) The Employer may create regular temporary positions for vacation relief for more than one (1) incumbent for up to six (6) months duration. B) The Employer may create regular temporary project positions (i.e. grant funded, capital projects, pilot projects, or term specific assignments) for up to twelve (12) months’ duration. These positions are not renewable after the end date of the project, unless the Union and Employer agree to renew/extend the time limits. C) These positions will be posted and filled in accordance with Article 17.01-

  • Temporary Layoff The Employer may temporarily layoff an employee for up to ninety (90) days due to an unanticipated loss of funding, revenue shortfall, lack of work, shortage of material or equipment, or other unexpected or unusual reasons. An employee will normally receive seven (7) days notice of a temporary layoff.

  • Temporary Space Upon reasonable prior notice from Tenant to Landlord, Landlord agrees to provide Tenant with temporary space (the "Temporary Space") on either the second floor of Building A or the second floor of Building B of a size and in a location to be mutually agreed upon by Landlord and Tenant for a period of time commencing no earlier than sixty (60) days from the date of Tenant's notice requesting that the Temporary Space be made available and expiring on the Commencement Date of this Lease. Tenant's occupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease to the extent appropriate, except that (i) Annual Fixed Rent for the Temporary Space shall be payable at the annual rate equal to the product of (x) $4.00 and (y) the rentable floor area of the Temporary Space, (ii) for the purposes of determining Tenant's payments on account of Landlord's Operating Expenses under Section 2.6 above and Landlord's Tax Expenses under Section 2.7 with respect to the Temporary Space, the "Rentable Floor Area of the Premises" shall be deemed to be the rentable floor area of the Temporary Space and (iii) the Temporary Space shall be delivered to Tenant in its "as is" condition and no improvement allowance or brokerage commission shall be payable with respect thereto. In addition, it is acknowledged and agreed that if Tenant shall elect to lease any Temporary Space hereunder, Tenant shall be occupying such Temporary Space while Landlord is proceeding with components of the Base Building Work in Buildings A and B and accordingly that Tenant shall use and occupy the Temporary Space in such as manner as to minimize any unreasonable interference with Landlord's performance of the Base Building Work. EXECUTED as a sealed instrument in two or more counterparts each of which shall be deemed to be an original. WITNESS: LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: --/s/ Xxxxx RosenName: Xxxxx RosenTitle: Senior Vice President, Development TENANT ATTEST: By: By: /s/ Xxxxx Xxxxx Name: Name: Xxxxx Xxxxx Title: Secretary or Assistant Secretary Title: President or Vice President Hereto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereto duly authorized Those certain parcels of land (with the buildings thereon) situated in Bedford, Middlesex County, Massachusetts bounded and described as follows: PARCELS 1 and 2 Two certain parcels of land situated in Bedford, Middlesex County, Massachusetts, shown as Lot 1 and 2 on a plan entitled “Plan of Land in Bedford, Mass." dated March 1, 1962 by Xxxxxxx X. Xxxxxxx, Inc., recorded with Middlesex South District Deeds as Plan No. 487 of 1962 in Book 10022, Page 278, and together bound and described as follows: SOUTHWESTERLY by Xxxxxx Road by three lines measuring respectively two hundred eighty-three and 011100 (283.01) feet, twenty-one and 271100 (21.27) feet and four hundred eighty-three and 43/100 (483.43) feet; thence SOUTHERLY by said Xxxxxx Road by a curved line, one hundred nineteen and361100 (119.36) feet; thence SOUTHEASTERLY SOUTHERLY and SOUTHWESTERLY by said Xxxxxx Road by several lines measuring respectively two hundred ninety-three and 04/100 (293.04) feet, three hundred fifty­ three and 041100 (353.04) feet and two hundred twenty and 97/100 (220.97) feet; thence NORTHEASTERLY by the parcel marked "Reserved for Town of Bedford" on said plan, sixteen hundred forty-six and 81/100 (1646.81) feet; and thence NORTHWESTERLY by land now or late of The Worcester Corp., by two lines measuring respectively 305.23 feet and 294.24 feet and by land now or late of Xxxxxxx by two lines measuring respectively 170.33 feet and 64.34 feet, to the place of beginning. For Title see Deed recorded with the Middlesex South District Registry of Deeds in Book 12926, Page 233. PARCEL 3 A certain parcel of land situated in said Bedford, shown on a plan of land in Bedford, Mass.Dated June 5, 1961 by Xxxxxxx X. Xxxxxxx, Inc., Registered Land Surveyors, recorded with Middlesex South District Registry of Deeds at the end of Book 9844, bounded and described as follow: SOUTHWESTERLY by Xxxxxx Road, two hundred ninety-eight and 63/100 (298.63) feet; NORTHWESTERLY by land now or formerly of the Worcester Corporation, two hundred nine and 95/100 (209.95) feet; NORTHEASTERLY by land now or formerly of the Worcester Corporation, two hundred fifty and 57/100 (250.57) feet; and SOUTHEASTERLY by land now or formerly of Sinbad Realty Corporation by two lines respectively measuring one hundred seventy and 33/100 (170.33) feet and sixty-four and 341100(64.34) feet. Containing approximately 60,951 square feet of 1.4 acres according to said plan. For Title see Deed from Xxxxx X. Xxxxxxx and Xxxxxxxxx X. Xxxxxxx recorded with the Middlesex South District Registry of Deeds in Book 13539, Page 732. PARCEL 4 All right, title and interest in and to (i) that portion of Xxxxxx Road described in that certain Deed (a) recorded with the Middlesex South District Registry of Deeds in Book 14013, Page 486 and (b) filed with the Middlesex South Registry District of the Land Court as Document No. 599584 as to which Certificate of Title No. 161163 in Registration Book 936, Page 13 was issued; and

  • Temporary Position (i) is a position that the Employer has determined will be in excess of eight

  • Temporary Upgrade An employee in a temporary upgrade status shall have no right to grieve or arbitrate release from such temporary upgrade status.

  • Temporary Roads As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Purchaser shall employ such measures as out- sloping, drainage dips, and water-spreading ditches.

  • Temporary Layoffs A. The Employer may initiate a temporary layoff for up to twelve (12) working days per fiscal year. Employees will be given thirty (30) days’ notice before the effective date of a temporary layoff. Employees may request alternative temporary layoff days from their manager or supervisor and any requests will be considered and approved or denied in writing. B. A temporary layoff will not affect an employee’s incremental movement, vacation and sick leave accrual rates, or seniority. C. A temporary layoff is leave without pay. An employee may not use any leave for a temporary layoff day(s).

  • Temporary Debentures Pending the preparation of definitive Debentures, the Company may execute, and the Trustee shall authenticate and deliver, temporary Debentures (printed, lithographed, or typewritten). Such temporary Debentures shall be substantially in the form of the definitive Debentures in lieu of which they are issued, but with such omissions, insertions and variations as may be appropriate for temporary Debentures, all as may be determined by the Company. Every temporary Debenture shall be executed by the Company and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Debentures. Without unnecessary delay the Company shall execute and shall furnish definitive Debentures and thereupon any or all temporary Debentures may be surrendered in exchange therefor (without charge to the holders), at the office or agency of the Company designated for the purpose in the Borough of Manhattan, The City of New York, and the Trustee shall authenticate and such office or agency shall deliver in exchange for such temporary Debentures an equal aggregate principal amount of definitive Debentures, unless the Company advises the Trustee to the effect that definitive Debentures need not be executed and furnished until further notice from the Company. Until so exchanged, the temporary Debentures shall be entitled to the same benefits under this Indenture as definitive Debentures authenticated and delivered hereunder.

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