Xxxx-Xxxxx Act. Borrower will comply with the applicable requirements of the Xxxx-Xxxxx Act in purchasing any Replacement Cap Agreement.
Xxxx-Xxxxx Act. Borrower has complied with the applicable requirements of the Xxxx-Xxxxx Act in purchasing the initial Cap Agreement.
Xxxx-Xxxxx Act. BLUE CROSS is subject to the requirements of the Xxxx-Xxxxx Act and any provision required to be in this Agreement thereunder shall bind BLUE CROSS and PARTICIPATING MEDICAL GROUP, whether or not expressly provided in this Agreement.
Xxxx-Xxxxx Act. Notwithstanding anything in this Agreement or any other agreement between the Company and/or its related entities and Executive to the contrary, Executive acknowledges that the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (“Act”) may have the effect of requiring certain executives of the Company and/or its related entities to repay the Company, and for the Company to recoup from such executives, erroneously awarded amounts of incentive-based compensation. If, and only to the extent, the Act, any rules and regulations promulgated by thereunder by the Securities and Exchange Commission or any similar federal or state law requires the Company to recoup any erroneously awarded incentive-based compensation that the Company has paid or granted to Executive, Executive hereby agrees, even if Executive has terminated his employment with the Company, to promptly repay such erroneously awarded incentive compensation to the Company upon its written request. This Section shall survive the termination of this Agreement.
Xxxx-Xxxxx Act. Notwithstanding anything in this Agreement or any other agreement between the Company and/or its related entities and Executive to the contrary, Executive acknowledges that the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (“Act”) may have the effect of requiring certain executives of the Company and/or its related entities to repay the Company, and for the Company to recoup from such executives, certain amounts of incentive-based compensation. If, and only to the extent, the Act, any rules and regulations promulgated by thereunder by the Securities and Exchange Commission or any similar federal or state law requires the Company to recoup incentive-based compensation that the Company has paid or granted to Executive, Executive hereby agrees, even if Executive has terminated his employment with the Company, to promptly repay such incentive compensation to the Company upon its written request. In addition, the Executive agrees to be subject to any other compensation clawback arrangement adopted by the Board (whether before or after the Effective Date) which is applicable to all executive officers of the Company. This Section shall survive the termination of this Agreement.
Xxxx-Xxxxx Act. Notwithstanding anything herein to the contrary, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith, and all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Bank Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a Change in Law, regardless of the date enacted, adopted or issued.
Xxxx-Xxxxx Act. Notwithstanding anything in this Agreement or any other agreement between the Company and/or its related entities and Executive to the contrary, Executive acknowledges that the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (“Act”) may have the effect of requiring certain executives of the Company and/or its related entities to repay the Company, and for the Company to recoup from such executives, certain amounts of incentive-based compensation. If, and only to the extent, the Act, any rules and regulations promulgated by thereunder by the Securities and Exchange Commission or any similar federal or state law requires the Company to recoup incentive-based compensation that the Company has paid or granted to Executive, Executive hereby agrees, even if Executive has terminated his employment with the Company, to promptly repay such incentive compensation to the Company upon its written request. This Section shall survive the termination of this Agreement.
Xxxx-Xxxxx Act. Any applicable waiting period (and any extension -------------- thereof) under the Xxxx-Xxxxx Act shall have expired or been terminated.
Xxxx-Xxxxx Act. Notwithstanding anything herein to the contrary, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, publications, orders, guidelines and directives thereunder or issued in connection therewith shall be deemed to have been adopted and gone into effect after the Restatement Date regardless of when adopted, enacted or issued.
Xxxx-Xxxxx Act. The Parties acknowledge that it is their intent that Net Energy be physically delivered by Seller to the Delivery Point in accordance with the terms of this agreement, and that such delivery is an essential part of the bargain entered into by Buyer pursuant to this agreement. If as a result of this agreement a Party becomes subject to the provisions of the Xxxx-Xxxxx Act (Pub. L. No. 111–203, July 21, 2010) regulating “swaps” (as defined in the Xxxx-Xxxxx Act and implementing regulations), and such statutory provisions or regulations significantly affect the allocation of benefits and burdens reflected in this agreement, the Parties will negotiate to amend this agreement to maintain the balance of benefits to and obligations of the Parties under this agreement. Any such amendment will maintain the requirement that Buyer will compensate Seller for its proportionate share of all costs associated with constructing, owning, operating and maintaining the Project as set forth in this agreement.
