Alternative Agreement definition

Alternative Agreement means an energy purchase and sale agreement between Buyer and Seller containing the same price, delivery term, and other terms and conditions as contained in this Agreement, but with modifications as may be necessary and appropriate to reflect the development status of the Facility, the dates by which actions are to be taken by the Parties, and similar matters, in each case, at the time the Alternative Agreement is entered.

Alternative Agreement has the meaning assigned to it in Section 9.03(a).

Alternative Agreement means any contract, letter of intent, agreement in principle or similar agreement relating to any Alternative Transaction.

Examples of Alternative Agreement in a sentence

• The requirement to provide a certificate under this Section 5(q) shall be waived for any Representation Date occurring at a time at which no Placement Notice is pending, which waiver shall continue until the earlier to occur of the date the Company delivers a Placement Notice hereunder or under any Alternative Agreement (which for such calendar quarter shall be considered a Representation Date) and the next occurring Representation Date.

• In no event shall the Executive be entitled to severance benefits under both this Agreement and an Alternative Agreement with respect to the same type of severance benefit.

• In the event that the Executive is eligible to receive severance benefits under this Agreement and another agreement between the Executive and the Company (each, an “Alternative Agreement”), the Executive will be entitled to the severance benefits under this Agreement or the Alternative Agreement, whichever provides the greatest benefits to the Executive with respect to each type of severance benefit, such as cash payments, COBRA premiums and vesting acceleration.

• The invalidity or unenforceability of any Section, paragraph or provision of this Agreement or any Terms Agreement shall not affect the validity or enforceability of any other Section, paragraph or provision hereof or thereof, or the Alternative Agreement, or any Section, paragraph or provision thereof, as the case may be.

• For the avoidance of doubt, if an event triggered the severance benefits under this Agreement and an Alternative Agreement that provided for six months of base salary as a severance benefit, then the Executive would be entitled to the cash payments under Sections 1(a) and 1(b) of this Agreement but not the six months of base salary under the Alternative Agreement because with respect to cash payments, this Agreement provided greater benefits.

More Definitions of Alternative Agreement

Alternative Agreement means, with respect to any Participant, an employment agreement, senior management agreement or other written agreement describing the Participant’s terms of employment with Huron or an Affiliate.

Alternative Agreement has the meaning set forth in Section 6.5(a).

Alternative Agreement means an alternative agreement in writing between the Purchaser and the Supplier/Contractor and signed on behalf of both the Purchaser and the Supplier/Contractor;

Alternative Agreement means any letter of intent, memorandum of understanding, arrangement agreement, merger agreement, acquisition agreement or other Contract relating to an Acquisition Proposal;

Alternative Agreement is defined in Section 9.19(d).

Alternative Agreement has the meaning assigned to it in Section 9.03(a). “AMC” has the meaning assigned to it in the recitals to this Agreement. Table of Contents

Alternative Agreement has the meaning specified in Section 4.1(b).