Within one Business Day. Upon receipt by the Indenture Trustee of written notification of the deposit signed by a Servicing Officer, the Indenture Trustee shall release to the Originator the related Mortgage File and shall execute and deliver any instruments of transfer or assignment delivered to it for execution and reasonably acceptable to it, in each case without recourse, representation, or warranty, necessary to release the Mortgage Loan from the lien of this Indenture and vest in the Originator the Mortgage Loan previously transferred and assigned pursuant to this provision. The certification and written notification of the deposit each from a Servicing Officer may be delivered to the Indenture Trustee electronically, and to the extent the transmission originates on its face from a Servicing Officer, need not be manually signed. In addition, the Master Servicer may agree to changes in the terms of a Mortgage Loan at the request of the mortgagor if the changes (i) do not materially and adversely affect the interests of Noteholders, the Transferor, or the Credit Enhancer and (ii) are consistent with prudent and customary business practice as evidenced by a certificate signed by a Servicing Officer delivered to the Indenture Trustee and the Credit Enhancer. In addition, the Master Servicer may solicit mortgagors to change any other terms of the related Mortgage Loans if the changes (i) do not materially and adversely affect the interests of the Noteholders, the Transferor, or the Credit Enhancer and (ii) are consistent with prudent and customary business practice as evidenced by a certificate signed by a Servicing Officer delivered to the Indenture Trustee and the Credit Enhancer. Nothing in this Agreement shall limit the right of the Master Servicer to solicit mortgagors with respect to new loans (including mortgage loans) that are not Mortgage Loans. The Master Servicer may register any Mortgage Loan on the MERS(R) System, or cause the removal from registration of any Mortgage Loan on the MERS(R) System, and execute and deliver, on behalf of the Owner Trustee, any instruments of assignment and other comparable instruments with respect to the assignment or re-recording of a mortgage in the name of MERS, solely as nominee for the Owner Trustee and its successors and assigns. For so long as any Mortgage Loan is registered on the MERS(R) System, the Master Servicer shall maintain in good standing its membership in MERS and shall comply in all material respects with the rules and ...
Within one Business Day of the occurrence of a Registration Default, the Corporation will notify the holder of the shares of Class E Preferred Stock of such Registration Default. In the event of a Registration Default, the applicable Additional Dividend shall accrue and be cumulative with respect to each outstanding share of Class E Preferred Stock on the last day of any respective Additional Dividend Period. Any accrued Additional Dividends shall be payable at each Dividend Payment Date in the same manner as set forth in subparagraph (2) above. Upon the cure of all Registration Defaults, the accrual of Additional Dividends will cease unless and until a new Registration Default shall occur.
Within one Business Day following the receipt of a notice from the Canadian Agent that the then outstanding principal amount of Canadian Revolving Loans is in excess of 110% of the Cdn $ Equivalent of the then existing Canadian Revolving Loan Commitment Amount (based on a determination made by the Canadian Agent in accordance with its customary banking practice for determining currency exchange rates, which shall be conclusive and binding on the Borrowers absent manifest error), the Canadian Borrower shall make a repayment of the principal amount of the Canadian Revolving Loans to the Canadian Agent in the amount necessary to cause the outstanding principal amount of Canadian Revolving Loans to not exceed the Cdn $ Equivalent of the then existing Canadian Revolving Loan Commitment Amount. If immediate repayment is not possible because Canadian BAs have not matured, the Canadian Borrower shall immediately pledge cash to the Canadian Agent in the amount that would otherwise be payable, to be held as security until the amount of the excess is paid in full.
Within one Business Day. Such notice shall be irrevocable. In the event JFL does not elect to participate in the funding of any Advance pursuant to this Section 1.6(b), 22NW will fund 100% of such Advance.
Within one Business Day after the occurrence of the Special Mandatory Redemption Trigger the Issuer will give notice of the Special Mandatory Redemption to each of the Holders and to the Trustee, stating, among other matters required pursuant to Section 3.03 hereof, that a Special Mandatory Redemption Trigger has occurred and that all of the Notes will be redeemed on the redemption date set forth in such notice (which shall be no later than three Business Days from the date such notice is given).
Within one Business Day after the consummation of the sale or other disposition of the Shares pursuant to the Tag-along Offer, CLI shall notify Executive, shall remit to Executive, if Executive had sent a Tag-along Notice, the total sales price specified in the Tag-along Offer Notice of the Shares sold or otherwise disposed of pursuant thereto, and shall furnish such other evidence of such sale (including the time of completion) and the terms thereof as may be reasonably requested by Executive.
Within one Business Day after the execution and delivery of this Agreement, Buyer shall tender to Sellers cash equal to ten percent (10%) of the Purchase Price FIFTY-NINE MILLION NINE HUNDRED SEVEN THOUSAND AND NO\100 DOLLARS ($59,970,000.00) as a deposit (such amount, together with all interest earned thereon, the “Deposit”). The Deposit shall (i) be applied against the Adjusted Purchase Price owing by Buyer at the Closing pursuant to Section 2.4(b), (ii) retained by Sellers pursuant to Section 10.2 or (iii) returned to Buyer pursuant to Section 10.2, as applicable.
Within one Business Day of the receipt of Net Cash Proceeds from any incurrence of Indebtedness pursuant to Section 6.01(i), the Borrower shall repay the Loans in an amount equal to the lesser of (i) the Loans then outstanding and (ii) the amount of such Net Cash Proceeds.”
(xvii) The last sentence of Section 2.23(a)(iv) to the Credit Agreement shall be amended by deleting it in its entirety and replacing it with the following:
(xviii) Section 2.24 to the Credit Agreement shall be amended by deleting it in its entirety and replacing it with “[Reserved]”.
(xix) Section 3.08 to the Credit Agreement shall be amended by adding the phrase “Amendment No. 2” before “Effective Date”.
(xx) Clauses (e) and (f) of Section 6.01 to the Credit Agreement shall be amended by replacing each reference to “guarantees” with “Guarantees”.
(xxi) Section 6.01 to the Credit Agreement shall be amended by (x) deleting the “and” at the end of clause (g) thereof; (y) adding “and” to the end of clause (h) thereof; and (z) adding the following new clause (i) to the end thereof:
(i) unsecured Indebtedness incurred by the Borrower and Guarantees thereof by the Guarantors in an aggregate principal amount not to exceed $325,000,000; provided that (A) such Indebtedness and Guarantees are incurred after the Brazos Acquisition Effective Date but prior to the delivery of the financial statements for the fiscal quarter ending June 30, 2018 as required under Section 5.04(b) or the filing of comparable financial statements with the SEC for such fiscal quarter end, and (B) as of the date of incurrence, the Leverage Ratio (as of the most recently completed period of four consecutive fiscal quarters ending prior to such transaction for which the financial statements required by Section 5.04(a) or 5.04(b) have been delivered or for which comparable financial statements have been filed with the SEC, and after giving pro forma effect (using the criteria therefor described in Section 6.04(i)) to such transaction as if such transaction had occurred as of the first day of such period) would not be greater than 3.75 to 1.00.”
(xxii) Section 6.04(g) to the Credit Agreement shall be amended by deleting it in its entirety and replacing it with the following:
(xxiii) Section 6.04(i) to the Credit Agreement shall be amended by (v) deleting the parenthetical in the first proviso thereof; (w) adding “or Section 6.04(n)” after “6.04(m)” in subclause (iii) thereof; (x) deleting the word “and” after subclause (iii) thereof; (y) adding the ...
Within one Business Day after the issuance of the California Permit, the Company shall mail to all Company Stockholders and all holders of Vested Options or Cash-Out Warrants the Permit Information Statement.
Within one Business Day of EU delivering to the Administrator an Exceptions Opinion, a Materiality Certificate, a Correction Notice or a Nonconsolidation Opinion following the giving of a Noncompliance Notice by the Administrator to the Bond Trustee pursuant to Section 11(a), the Administrator shall notify the Bond Trustee that the Noncompliance Notice is no longer in effect.
