Trigger Date. The term Trigger Date as used in the Agreement shall be changed to December 31, 2012.
Trigger Date. The satisfaction or waiver of this Condition Precedent is a condition to the occurrence of the Trigger Date. If this Condition Precedent becomes incapable of being satisfied prior to the Trigger Date:
(i) this Agreement shall be terminated;
(ii) the Bidder may continue the Bidder Offer;
(iii) Nasdaq may continue the Nasdaq Offer; and
(iv) Borse Dubai shall promptly assign the benefit of the Irrevocables to Nasdaq (subject to their respective terms).
Trigger Date. The satisfaction or waiver of this Condition Precedent is a condition to the occurrence of the Trigger Date. If, prior to the Trigger Date, this Condition Precedent becomes incapable of being satisfied, Borse Dubai shall have the right to terminate this Agreement. If Borse Dubai terminates this Agreement based on the failure of this Condition Precedent prior to the Trigger Date:
(i) Nasdaq may continue the Nasdaq Offer;
(ii) the Bidder may continue the Bidder Offer; and Table of Contents
(iii) Borse Dubai shall retain the benefit of the Irrevocables (subject to their respective terms).
Trigger Date. The term Trigger Date as used in the Agreement shall be changed to December 31, 2010
Trigger Date. The satisfaction or waiver of this Condition Precedent is a condition to the occurrence of the Trigger Date. If this Condition Precedent becomes incapable of being satisfied prior to the Trigger Date, Borse Dubai and Nasdaq shall each have the right to terminate this Agreement. If either Party terminates this Agreement based on the failure of this Condition Precedent prior to the Trigger Date:
(i) the Party terminating this Agreement must withdraw its offer or let its offer lapse without opening such offer for acceptances, and such Party and its Affiliates shall comply with the OMX Offer Restrictions (as defined below); and
(ii) if Nasdaq is the terminating Party, then Borse Dubai shall retain the benefit of the Irrevocables, but if Borse Dubai is the terminating Party, then Borse Dubai shall promptly assign the benefit of the Irrevocables to Nasdaq (for all purposes of this Exhibit A, any such assignment shall be subject to the compliance with the terms of the Irrevocables).
Trigger Date. Section 3.4(a) is amended and restated in its entirety as follows:
(a) In the event that, at the end of any Fiscal Quarter (the "Trigger Date") commencing with the Fiscal Quarter ending on December 31, 1997, the Borrower shall fail to maintain an Interest Coverage Ratio of 2.5 to 1.0 or a Preferred Debt Service Coverage Ratio of 2.0 to 1.0, such failure shall not constitute an Event of Default if and for as long as (i) the Borrower shall maintain an Interest Coverage Ratio of not less than 2.0 to 1.0 and a Preferred Debt Service Coverage Ratio of not less than 1.5 to 1.0 and (ii) the Borrower shall or shall cause Sunstone or the Eligible Hotel Owners (as applicable) to execute and deliver to the Administrative Agent with respect to each of the Eligible Hotels (A) within seventy-five (75) days of the Trigger Date, the documents set forth in Section 3.4(b) and (B) within 135 days of the Trigger Date, the documents set forth in Section 3.4(c).
Trigger Date. The definition of “Trigger Date” in Section 1.1(e) of the IP Agreement is amended to read in its entirety as follows:
Trigger Date. The satisfaction or waiver of this Condition Precedent is not a condition to the occurrence of the Trigger Date.
Trigger Date. The definition of “Trigger Date” in Section 1.01 of the Services Agreement is amended to read in its entirety as follows:
Trigger Date. The “Trigger Date” shall be the earlier of:
(a) The date selected by Seller, in its sole discretion, by Notice to SCE; or
(b) The earliest date on which all of the following have occurred:
(i) CPUC Approval has been obtained,
(ii) Seller has executed interconnection and transmission agreements with BPA for interconnection and transmission access with respect to the Generating Facility,
(iii) Seller has obtained a site certificate to construct and Operate the wind facility from the Oregon Energy Facility Siting Council, and
(iv) Federal Production Tax Credit Legislation is in full force and effect and extended so that PTCs are available for any Wind Turbines at the Generating Facility that are “placed-in-service” on or prior to the date that is no less than one (1) year after the last date of scheduled Wind Turbine delivery (the “Last Delivery Date”) under Seller’s executed Wind Turbine supply contracts (the “Wind Turbine Contracts”). Within thirty (30) days after Seller’s execution of the Wind Turbine Contracts, Seller must provide SCE with Notice of the Last Delivery Date. If Seller has not selected a date and provided Notice of same to SCE under Section 1.02(a), Seller must provide prompt Notice to SCE when the conditions set forth in Section 1.02(b) are achieved.
