Tiers convenu Sample Clauses

Tiers convenu. (i) The Loan Parties agree that the liabilities under the Loan Documents may be secured pursuant to the execution of additional French law Collateral Documents on a second or further ranking basis on the basis of the chronological order in which such security is taken (the “Second Ranking Collateral”) but will nevertheless benefit from the order of priority and ranking set out in Sections 5.18 (Perfection, Etc.) and 8.04 (Application of Funds) of the Credit Agreement. (ii) The Loan Parties expressly agree that the Collateral Agent as beneficiary under the Second Ranking Collateral (the “Second Ranking Beneficiary”) will receive the proceeds of enforcement of any Second Ranking Collateral in accordance with Section 8.04 (Application of Funds) of the Credit Agreement regardless of the ranking of the security stated in the Collateral Document creating the Second Ranking Collateral. (iii) The Collateral Agent, as beneficiary under the existing Collateral Documents (the “First Ranking Beneficiary”) acknowledges and agrees that (to the extent required to create or permit to subsist such Second Ranking Collateral under French law) it shall be deemed to hold assets which are subject to Second Ranking Collateral as tiers convenu (where applicable for the relevant Collateral) for the benefit of the First Ranking Beneficiary and any Second Ranking Beneficiary. (iv) For the avoidance of doubt, nothing in this Section 3(b) shall restrict the rights of the First Ranking Beneficiary to enforce and/or to release the first ranking Collateral in accordance with the Credit Agreement or any other Loan Document. (v) Each of the Secured Parties agrees not to take any action to challenge the validity or enforceability of any Second Ranking Collateral by reason of it being expressed to be second or further ranking. (vi) Any decision to enforce any Collateral shall be taken in accordance with the provisions of the Credit Agreement and the other Loan Documents regardless of the ranking of the relevant Collateral and unless decided otherwise any decision to enforce the first ranking Collateral shall entail enforcement of all relevant Second Ranking Collateral. Any proceeds of enforcement of first ranking Collateral and Second Ranking Collateral shall be paid over immediately to the Collateral Agent for application under Section 8.04 (Application of Funds) of the Credit Agreement. (vii) The creditors of the liabilities under the Credit Agreement which are intended to be secured by th...
Sample 1
AutoNDA by SimpleDocs

Related to Tiers convenu

  • Minimum Shipping Requirements for TIPS Sales Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.

  • File Naming Conventions Files will be named according to the following convention: {gTLD}_{YYYY-MM-DD}_{type}_S{#}_R{rev}.{ext} where: {gTLD} is replaced with the gTLD name; in case of an IDN-TLD, the ASCII-compatible form (A-Label) must be used; {YYYY-MM-DD} is replaced by the date corresponding to the time used as a timeline watermark for the transactions; i.e. for the Full Deposit corresponding to 2009-08-02T00:00Z, the string to be used would be “2009-08-02”; {type} is replaced by: “full”, if the data represents a Full Deposit; “diff”, if the data represents a Differential Deposit; “thin”, if the data represents a Bulk Registration Data Access file, as specified in Section 3 of Specification 4; {#} is replaced by the position of the file in a series of files, beginning with “1”; in case of a lone file, this must be replaced by “1”. {rev} is replaced by the number of revision (or resend) of the file beginning with “0”: {ext} is replaced by “sig” if it is a digital signature file of the quasi-homonymous file. Otherwise it is replaced by “ryde”.

  • Particular Methods of Procurement of Goods and Works International Competitive Bidding. Goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

  • Measurements and arithmetic conventions All measurements and calculations shall be in the metric system and calculations done to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down.

  • Particular Methods of Procurement of Goods Works and Services (other than Consultants’ Services)

  • JOC - PRICING OF Regular Hours Coefficient What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION)

  • REQUIRED FOR PART 2 JOC - PRICING OF Regular Hours Coefficient What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION)

  • Venue Limitation for TIPS Sales Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable.

  • Corrections to Factual Inaccuracies In the event that the LEA determines that the Provider is maintaining Student Data that contains a factual inaccuracy, and Provider cooperation is required in order to make a correction, the LEA shall notify the Provider of the factual inaccuracy and the correction to be made. No later than 90 calendar days after receiving the notice of the factual inaccuracy, the Provider shall correct the factual inaccuracy and shall provide written confirmation of the correction to the LEA.

  • Other Methods of Procurement of Goods and Works The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding (b) Shopping (c) Direct Contracting

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