WEO Agreement Provisions Apply Only to FS4 and Concar Sample Clauses

WEO Agreement Provisions Apply Only to FS4 and Concar. Notwithstanding anything to the contrary herein or in the WEO Agreement, the parties acknowledge and agree that WEO Inc. (in cooperation with an affiliate of EOP) has performed and will continue to perform leasing brokerage services with respect to leasing for FS4 and Concar (excluding the Sun Lease and the Siebel Lease (each as defined below), the “Covered Lease Transactions”). After the Closing, Section 4.3 of the WEO Agreement shall not apply to any transactions other than Covered Lease Transactions and no leasing commissions shall be payable pursuant to such Section 4.3 with respect to any other transactions. Pursuant to Section 4.3 of the WEO Agreement, EOP hereby nominates and designates its affiliate Equity Office Properties Management Corp. (“EOP Broker”) as the recipient of all payments to the EOP Group pursuant to such Section 4.3 with respect to Covered Lease Transactions. The parties hereby agree that WEO Inc. and EOP Broker will provide the services and receive the commissions that would otherwise have been received by WEO and EOP respectively under Section 4.3 and Exhibit 5.13(b) of the FS4 Project Entity Operating Agreement with respect to Covered Lease Transactions (including leases for which full commissions have not yet been paid as of the Closing). Except as otherwise set forth in this Agreement, from and after the Closing, as commissions are paid with respect to Covered Lease Transactions, instead of all such payments being made to WEO Inc., all payments due to the EOP Group under Section 4.3 of the WEO Agreement (including, for example, with respect to Concar, 49.9% of the commission payable to the Company as well as the additional 20% and additional 50% portions of the commission (the “Overrides”)) shall be paid directly by the Owner (as defined in the WEO Agreement) to EOP Broker and all payments due to Wxxxxx under such Section 4.3 (equaling
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Related to WEO Agreement Provisions Apply Only to FS4 and Concar

  • Provisions Solely to Define Relative Rights The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

  • General Provisions Applicable to Loans 49 5.1 Fees............................................................. 49 5.2 Interest Rates and Payment Dates................................. 50 5.3

  • Severability; Titles and Subtitles; Gender; Singular and Plural; Counterparts; Facsimile (a) In case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

  • Other Provisions Applicable to Adjustments Under this Section 4. The following provisions shall be applicable to the making of adjustments in the Warrant Price hereinbefore provided in Section 4:

  • Special Provisions Applicable to LIBOR Rate (i) The LIBOR Rate may be adjusted by Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs due to changes in applicable law occurring subsequent to the commencement of the then applicable Interest Period, including changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, which additional or increased costs would increase the cost of funding loans bearing interest at the LIBOR Rate. In any such event, the affected Lender shall give Administrative Borrower and Agent notice of such a determination and adjustment and Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, Administrative Borrower may, by notice to such affected Lender (y) require such Lender to furnish to Administrative Borrower a statement setting forth the basis for adjusting such LIBOR Rate and the method for determining the amount of such adjustment, or (z) repay the LIBOR Rate Loans with respect to which such adjustment is made (together with any amounts due under clause (b)(ii) above).

  • General Provisions Applicable to Loans and Letters of Credit 4.1. Interest Rates and Payment Dates

  • Provisions of General Application (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Other Provisions Applicable to Adjustments The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock into which this Warrant is exercisable and the Current Warrant Price provided for in Section 4:

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this Preamble, unless such meanings are expressly modified, limited or expanded elsewhere herein.

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