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 term Trigger Date as used in the Agreement shall be changed to December 31, 2012.
Trigger Date. The term Trigger Date as used in the Agreement shall be changed to December 31, 2010.
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. 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 “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.
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 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. If, at any time after the Issuance Date set forth above, and from time to time thereafter, (i) the Company has issued 95% of the Common Shares available under the Issuance Cap, or (ii) a Registration Delay Event has occurred (the last such day of each such occurrence, a “Trigger Date”), then the Company shall redeem $1,125,000 in Principal amount outstanding (in the aggregate among this Debenture and all Other Debentures) or, if less than $1,125,000 Principal amount is outstanding as at the Trigger Date, the entire Principal amount outstanding (in the aggregate among this Debenture and all Other Debentures) as at the Trigger Date (either such amount, the “Triggered Principal Amount”) by making monthly prepayments to the Holder in the amount of the Prepayment Amount (as defined below) beginning on the 10th calendar day after the Trigger Date and continuing on the same day of each successive Calendar Month (the “Monthly Prepayments”). The “Prepayment Amount” for each Monthly Prepayment shall be an amount equal to the sum of (i) an amount of Principal equal to the Triggered Principal Amount, plus (ii) a redemption premium equal to 7% in respect of such Triggered Principal Xxxxxx, plus (iii) all accrued and unpaid Interest hereunder as of each payment date. Notwithstanding the foregoing, (x) each Triggered Principal Amount shall be reduced by any Principal and/or accrued and unpaid Interest converted by the Holder in the 30 days prior to such monthly prepayment date and (y) following a Trigger Date and for so long as the Company’s obligation to make Monthly Payments as a result thereof is continuing, the occurrence of any event described in clauses (i) or (ii) of the first sentence of this Section 2(a) shall not result in a Trigger Date. The obligation of the Company to make monthly prepayments hereunder shall cease (with respect to any payment that has not yet come due) if any time after the Trigger Date (A) in the event that the Trigger Date was caused by the issuance of 95% of the Common Shares available under the Issuance Cap as set forth above, the date the Company has obtained shareholder approval to increase the number of Common Shares under the Issuance Cap and/or the Issuance Cap no longer applies, or (B) in the event that the Trigger Date was caused by a Registration Delay Event, the Registration Delay Event no longer exists, unless a subsequent Trigger Date occurs. If this Debenture or any Other Debentures are held by more than one holder, then the ...
