Favorable Terms definition
Examples of Favorable Terms in a sentence
Thereupon, and in any event within thirty (30) days following the date of notice by Agent to the Company, Company and the Banks shall enter into an amendment to this Agreement incorporating, on terms and conditions acceptable to the Majority Banks, the More Favorable Terms.
If the Majority Banks determine in their sole discretion that some or all of the financial covenants set forth in such agreement are more favorable to the lender thereunder than the financial covenants set forth in this Agreement ("More Favorable Terms") and that the Majority Banks desire that this Agreement be amended to incorporate the More Favorable Terms, then the Agent shall give written notice of such determination to the Company.
The Purchaser shall notify the Company in writing, within ten (10) days after the date it has been offered the opportunity to receive the benefit of the More Favorable Terms, of its election to receive any More Favorable Term so offered.
If the Order applies to successive purchases by Buyer, and Buyer can purchase goods (i) of like or better quality at a price that will result in a lower delivered cost to Buyer, and/or (ii) on terms otherwise more favorable to Buyer as determined by Buyer in its sole discretion (either of which case, “Favorable Terms”), then Buyer may notify Seller of such Favorable Terms, in which case Seller shall have an opportunity to meet such Favorable Terms.
If Seller fails to do so, in writing, within thirty (30) days of the date of Buyer’s notice, Buyer may purchase the Goods from the third party offeror at such Favorable Terms and the quantity of any purchase so made shall reduce any purchase obligation of Buyer under the Order without imposing any additional obligation, or modifying any rights, of Buyer under the Agreement.
In the event the Investor determines that the economic terms of the Subsequent Agreement are preferable (“More Favorable Terms”) to the economic terms of this SAFT, the Investor will have the option to elect to receive the More Favorable Terms by written notification to the Company of such election within 30 days of the Investor’s receipt of notice of the Subsequent Agreement.
In such case, the Parties shall enter into a separate agreement or amend or supplement this Agreement, to ensure such More Favorable Terms apply to the Investors.
Section 12.1. Covenant Not to Grant More Favorable Terms 90 Section 12.2. No Partnership or Agency 91 Section 12.3. No Personal Liability 91 Section 12.4. Notices 91 Section 12.5. Entire Agreement 91 Section 12.6. Amendment 91 Section 12.7. Applicable Law 92 Section 12.8. Authorization to Operate; Consent to Service of Process and Jurisdiction 92 Section 12.9. Severability 93 Section 12.10.
Records available for review shall exclude any records pertaining to Supplier’s other customers deemed proprietary and confidential and Supplier confidential and proprietary records not associated with the Services provided under the Agreement, however Bank of America will be provided any Records necessary to confirm Supplier’s adherence to the Favorable Terms section in Schedule A of this Agreement..
If the Majority Banks determine in their sole discretion that some or all of the financial covenants set forth in such agreement are more favorable to the lender thereunder than the financial covenants set forth in this Agreement (“More Favorable Terms”) and that the Majority Banks desire that this Agreement be amended to incorporate the More Favorable Terms, then the Agent shall give written notice of such determination to the Company.