Agreement Condition definition

Agreement Condition means a Build-Out Agreement shall have been executed by the Purchaser, on the one hand, and the Parent or the Company, on the other hand, by February 28, 2013.
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Agreement Condition means a Build-Out Agreement shall have been executed by the Purchaser, on the one hand, and the Parent or the Company, on the other hand, within 45 calendar days of the date hereof.
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Agreement Condition. All non-faulty processes must agree on a common value.
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Examples of Agreement Condition in a sentence

  • Accordingly, we hereby acknowledge and you hereby accept that the following provisions of the Research Agreement shall be for the benefit of, and be directly enforceable by, the Institute: Paragraphs 13 and 00 xx Xxxxxxxx X to the Research Agreement; Appendix E to the Research Agreement; Condition 5.2 of Appendix F to the Research Agreement; Condition 19.4.3 of Appendix F to the Research Agreement; and Conditions 20.2 and 20.3 of Appendix F to the Research Agreement.

  • Agreement Condition Precedent Before any Agreement comes into force the conditions shall be met: • these Head of Terms are signed by both Parties; • the Customer to provide Swarco with the Land Registry Compliant Plan (boundary drawing) for the Premises; • the Customer to provide Swarco with the Freehold / Leasehold Title numbers of the Premises.

  • LT E CON 12 XXXXX EXCEPT PT 4, 3R-5825; KINCARDINE PIN 33276-0030 (LT); Schedule “B” to the Development Agreement Condition of Consent dated the between Xxxxxx and Xxxxx Xxxxxx and The Corporation of the Municipality of Kincardine.

  • Hire Agreement, Terms & Conditions This agreement in addition to other mentioned documentation , Booking Form and Hire Agreement, Condition Report, drivers licence and vehicle registration constitutes the entire agreement between the Company and the Hirer and no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement.

  • SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) ) Xxxx Xxxxx, Mayor ) ) ) ) Xxxxxx Xxxxxxxx, Chief Administrative Officer I HAVE AUTHORITY TO BIND THE CORPORATION The Owner Xxxxxx Xxxxx Xxxxxx Date Xxxxx Xxxx Xxxxxx Date Schedule “A” to the Development Agreement Condition of Consent dated the between Xxxxxx and Xxxxx Xxxxxx and The Corporation of the Municipality of Kincardine.


More Definitions of Agreement Condition

Agreement Condition means the Company shall have entered into definitive agreements for Permitted Acquisitions; (B) "Transaction Condition" means the Company shall have consummated Permitted Acquisitions pursuant to the terms of the definitive agreements that satisfied in the aggregate the Agreement Condition; (C) a "Permitted Acquisition" means the purchase by the Company of a Person with (I) EBITDA during the twelve (12) months immediately preceding the acquisition as set forth in the most recent financial statements of such Person, which financial statements are as of a period ending no earlier than sixty (60) days prior to such acquisition of not less than $750,000 and (II) revenues during the twelve (12) months immediately preceding the acquisition as set forth in the most recent financial statements of such Person, which financial statements are as of a period ending no earlier than sixty (60) days prior to such acquisition of not less than $4,000,000, in each case as calculated in accordance with such Person's audited financial statements or as otherwise evidenced to the Buyers in written form satisfactory to the Buyers in their sole discretion; and (D) "EBITDA" means with respect to any Person for any applicable period, the Net Income of such Person and its subsidiaries for such period, plus without duplication, the sum of the following amounts of such Person and its subsidiaries for such period and to the extent deducted in determining Net Income of such Persons for such period: (1) Net Interest Expense, (2) income tax expense, (3) depreciation expense, and (4) amortization expense, (E) "Net Income" means, with respect to any Person for any applicable period, the net income (loss) of such Person for such period, determined on a consolidated basis and in accordance with generally accepted accounting principles, but excluding from the determination of Net Income (without duplication): (1) any extraordinary or non recurring gains or losses or gains, (2) restructuring charges, (3) effects of discontinued operations, and (4) interest income; and (F) "Net Interest Expense" means, with respect to any Person for any applicable period, gross interest expense of such Person for such period determined on a non-consolidated basis and in accordance with generally accepted accounting principles, (including, without limitation, interest expense paid to affiliates of such Person), less (1) gains for such period on hedging agreements (to the extent not included in interest income abo...
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Related to Agreement Condition

  • Payment Condition at any time of determination with respect to any Specified Transaction, that the following conditions are all satisfied: (x) (1) 30-Day Specified Excess Availability (divided by Availability as of such time of determination and expressed as a percentage) and (2) the Specified Availability on the date of such Specified Transaction (divided by Availability as of such time of determination and expressed as a percentage), in each case exceed the applicable Availability Percentage (as defined below), (y) unless the Fixed Charge Condition (as defined below) is satisfied (to the extent applicable), the Parent Borrower shall be in Pro Forma Compliance with a minimum Consolidated Fixed Charge Coverage Ratio of at least 1.00:1.00 and (z) if reasonably requested by the Administrative Agent, the Borrower Representative shall have delivered to the Administrative Agent (i) a copy of calculations required by preceding clause (y) in reasonable detail and (ii) a calculation of Specified Unrestricted Cash. As used herein, the following terms shall have the following meanings: (i) “Availability Percentage” shall mean (a) in respect of any Restricted Payment pursuant to Subsection 8.3(k), 12.5%; (b) in respect of (A) any investment or acquisition permitted pursuant to clause (u) of the definition of “Permitted Investments” or (B) clause (c)(i) of the definition of “Permitted Acquisitions,” 10.0%; (c) in respect of any payment, repurchase or redemption pursuant to Subsection 8.6(a), 12.5%; (d) in respect of any merger, consolidation, amalgamation or asset sale pursuant to Subsection 8.2(a) or 8.2(b), 10.0%; and (e) in respect of any Asset Sale that would otherwise have to comply with Subsection 8.5, 10.0%; and (ii) “Fixed Charge Condition” shall mean 30-Day Specified Excess Availability (divided by Availability as of such time of determination and expressed as a percentage) exceeds: (a) in respect of any Restricted Payment pursuant to Subsection 8.3(k), 17.5%; (b) in respect of any acquisition permitted pursuant to clause (c)(i) of the definition of “Permitted Acquisitions”, 15.0%; (c) in respect of any investment permitted pursuant to clause (u) of the definition of “Permitted Investments”, 15.0%; (d) in respect of any payment, repurchase or redemption pursuant to Subsection 8.6(a), 15.0%; and (e) in respect of (A) any merger, consolidation, amalgamation or asset sale pursuant to Subsection 8.2(a) or 8.2(b) or (B) any Asset Sale that would otherwise have to comply with Subsection 8.5, 15.0%.

  • Payment Conditions means, at the time of determination with respect to any specified transaction or payment, that:

  • Termination Conditions means, collectively, (a) the payment in full in cash of the Obligations (other than (i) contingent indemnification obligations not then due and (ii) Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) and (b) the termination of the Commitments and the termination or expiration of all Letters of Credit under this Agreement (unless the Outstanding Amount of the L/C Obligations related thereto has been Cash Collateralized on terms reasonably acceptable to the applicable Issuing Bank, backstopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank or deemed reissued under another agreement reasonably acceptable to the applicable Issuing Bank).

  • Step Down Conditions As of any Distribution Date on which any decrease in any Senior Prepayment Percentage may apply, (i) the outstanding Principal Balance of all Mortgage Loans 60 days or more Delinquent (including Mortgage Loans in REO and foreclosure), averaged over the preceding six month period, as a percentage of the aggregate of the Class Certificate Principal Balances of the Classes of Subordinate Certificates on such Distribution Date, does not equal or exceed 50% and (ii) cumulative Realized Losses with respect to all of the Mortgage Loans do not exceed: · for any Distribution Date on or after the seventh anniversary until the eighth anniversary of the first Distribution Date, 30% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the eighth anniversary until the ninth anniversary of the first Distribution Date, 35% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the ninth anniversary until the tenth anniversary of the first Distribution Date, 40% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the tenth anniversary until the eleventh anniversary of the first Distribution Date, 45% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, and · for any Distribution Date on or after the eleventh anniversary of the first Distribution Date, 50% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date.

  • Replacement Management Agreement means, collectively, (a) either (i) a management agreement with a Qualified Manager substantially in the same form and substance as the Management Agreement, or (ii) a management agreement with a Qualified Manager, which management agreement shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (ii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such management agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof and (b) an assignment of management agreement and subordination of management fees substantially in the form then used by Lender (or of such other form and substance reasonably acceptable to Lender), executed and delivered to Lender by Borrower and such Qualified Manager at Borrower’s expense.

  • Replacement Agreement means an agreement entered into as a replacement for any Relevant Agreement;

  • Poor foundation conditions means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of an SWLF unit.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Extension Conditions Defined in Section 3.06(a).

  • Restricted Payment Conditions is defined in Section 10.9.

  • Product Conditions means these product terms and conditions. These Product Conditions apply to each series of cash settled Warrants over single equities;

  • Extension Minimum Condition means a condition to consummating any Extension that a minimum amount (to be determined and specified in the relevant Extension Request, in the Borrower’s sole discretion) of any or all applicable Classes be submitted for Extension.

  • Management Agreement means the agreement to be entered into between the Borrower and the Manager providing for the ship management and crewing services of the Vessel, such agreement to be in the form and on the terms and conditions required by the Agent;

  • Construction Management Agreement means the Construction Management Agreement, dated as of the date of the Common Agreement, between Construction Manager and the Project Company.

  • Rate Management Agreement means any agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates, forward rates, or equity prices, including, but not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest rate options, puts and warrants, and any agreement pertaining to equity derivative transactions (e.g., equity or equity index swaps, options, caps, floors, collars and forwards), including without limitation any ISDA Master Agreement between Borrower and Lender or any affiliate of Fifth Third Bancorp, and any schedules, confirmations and documents and other confirming evidence between the parties confirming transactions thereunder, all whether now existing or hereafter arising, and in each case as amended, modified or supplemented from time to time.

  • Agreement End Date has the meaning specified in Section 10.1(e).

  • Mortgage Conditions means the mortgage conditions booklet reference MORT 0154 MAY 13 HF;

  • Placement Agreement means the Placement Agreement relating to the offering and sale of Capital Securities in the form of Exhibit C.

  • Business Condition of any Person shall mean the condition (financial or other), earnings, results of operations, business, properties or prospects of such Person.

  • Litigation Conditions has the meaning set forth in Section 11.3.

  • Existing Facility Agreement means Existing Facility Agreement A, Existing Facility Agreement B, Existing Facility Agreement C and Existing Facility Agreement D and, in the plural, means all of them;

  • Unsafe condition as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

  • Condition Satisfaction Date shall have the meaning set forth in Section 7.2.

  • Project Management Agreement means the agreement dated the 20th February 1985 made between the Trustee and the Manager providing for the Manager to manage and co‑ordinate the development and construction of the Resort and includes, if that agreement is terminated, any other agreement in like and similar terms made with the prior consent of the Minister;

  • Arrangement Agreement has the meaning ascribed thereto in the recitals hereof;

  • Terms & Conditions means the Special Conditions of Contract and General Conditions of Contract herein mentioned and other stipulations incorporated in any part of Tender Document and /or Agreement.