Permitted Deviations definition

Permitted Deviations means the incurrence of expenses (or commitments therefor) in any quarter that individually or in the aggregate (i) would not result in an overage of 10% or more from the aggregate capital expenditures or investments included in the Budget (as finally determined pursuant to Section 3.11) for such quarter with respect to such capital expenditure or investment (the “Target Capital Expenditures”), (ii) would not result in an overage of 10% or more from the aggregate operating expenditures included in the Budget (as finally determined pursuant to Section 3.11) for such quarter (the “Target Operating Expenditures”) and (iii) would not result in an overage of 10% or more from the aggregate other expenditures included in the Budget (as finally determined pursuant to Section 3.11) for such quarter (“Target Other Expenditures”); provided, however, that if the total revenue for any quarter exceeds the targeted revenue for such quarter provided in the Budget, the aggregate amount of Target Capital Expenditures, Target Operating Expenditures and Target Other Expenditures for the following quarter may be increased on a dollar-for-dollar basis by an amount equal to such excess revenue for purposes of determining the maximum Permitted Deviations for such following quarter, with the allocation of such excess revenue being allocated among such target amounts as determined by the Management Board.
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Permitted Deviations means any Applicable Laws and/or standards which may require a deviation from adherence to this Privacy Policy;
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Permitted Deviations means any deviations from the terms of the relevant Applicable Model License which either: (i) are not material in the context of the business of ARM or JVCo; or (ii) which have been prescribed as permitted deviations by: (i) ARM (in the case of Original ARM Products); (ii) the Roadmap Committee (in the case of Derivative Products and ARM Derivative Products); or (iii) JVCo (in the case of Independent Products). in each case, taking into account the factors set out at paragraph 1 of Schedule 4;
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Examples of Permitted Deviations in a sentence

  • From and after the Closing Date, the Debtors shall be permitted to draw upon the Interim Financing and use the proceeds of the DIP Facility only for the following purposes set forth in the “Use of Proceeds” section of the DIP Term Sheet, in each case, solely in accordance with and subject to this Interim Order, the DIP Documents and the Sources and Uses (subject to Permitted Deviations).

  • The First Lien Agent may, in its sole discretion, agree in writing to the use of the Cash Collateral (i) in a manner or amount which does not conform to the Budget (other than Permitted Deviations) (each such approved non-conforming use of Cash Collateral, a “Non-Conforming Use”) or (ii) for the period following the extension of the Expiration Date (as defined herein) pursuant to paragraph 10 of this Final Order (such period, the “Subsequent Budget Period”).

  • On 3 September 2009, the case has been accepted by the Pudong Court.

  • The FirstLien Agent may, in its sole discretion, agree in writing to the use of the Cash Collateral (i) in a manner or amount which does not conform to the Budget (other than Permitted Deviations) (each such approved non-conforming use of Cash Collateral, a “Non-Conforming Use”) or (ii) for the period following the extension of the Expiration Date (as defined herein) pursuant to paragraph 9 of this Interim Order (such period, the “Subsequent Budget Period”).

  • The First Lien Agent may, in its sole discretion, agree in writing to the use of the Cash Collateral (i) in a manner or amount which does not conform to the Budget (other than Permitted Deviations) (each such approved non-conforming use of Cash Collateral, a “Non-Conforming Use”) or (ii) for the period following the extension of the Expiration Date (as defined herein) pursuant to paragraph 10 of this Interim Order (such period, the “Subsequent Budget Period”).

  • Notwithstanding the foregoing, in no event shall any Loan Party make any Investment which results in or facilitates in any manner any Restricted Junior Payment not otherwise permitted under the terms of both Section 7.5 and the Budget (subject to Permitted Deviations).

  • Classes: Permitted Deviations: Modest deviations from benchmark are permitted to allow the Investment Manager to maximize returns and limit potential losses by taking advantage of relative pricing opportunities amongst asset classes.

  • The First Lien Agentmay, in its sole discretion, agree in writing to the use of the Cash Collateral (i) in a manner or amount which does not conform to the Budget (other than Permitted Deviations) (each such approved non-conforming use of Cash Collateral, a “Non-Conforming Use”) or (ii) for the period following the extension of the Expiration Date (as defined herein) pursuant to paragraph 10 of this Interim Order (such period, the “Subsequent Budget Period”).

  • In addition to the Permitted Deviations, the Redeveloper may seek variances under the Redevelopment Plan as the Redeveloper deems necessary for the Redevelopment Project as permitted by the Redevelopment Plan.

  • The proceeds of the Loans made to the Borrower shall be applied to fund the Project Expenses to pay fees and expenses incurred in connection with the transactions contemplated hereby, and for general corporate and working capital needs of the Borrower in accordance with the Development Budget subject to Permitted Deviations.


More Definitions of Permitted Deviations

Permitted Deviations means deviations from the Development Budget which do not result in an increase in the aggregate Project Expenses by more than five percent (5%), provided that any such deviation shall not result from increases in fees paid to any Affiliate of Borrower, except as set forth in the Development Budget as of the Closing Date.
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Permitted Deviations means the incurrence of expenses (or commitments therefor) in any quarter that individually or in
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Permitted Deviations means costs and expenses that are not contemplated by the Approved Annual Business Plan and Budget (including any Supplemental Annual Business Plan and Budget), so long as such costs and expenses would not, individually or in the aggregate, cause (a) total expenditures relating to any line item to be greater than 125% of the expenses approved in such line item of the Approved Annual Business Plan and Budget (including any Supplemental Annual Business Plan and Budget), or (b) total expenditures to be greater than 110% of the aggregate expenses in the Approved Annual Business Plan and Budget (including any Supplemental Annual Business Plan and Budget); provided that the foregoing permitted variances shall not apply with respect to compensation payable to any individual(s) as set forth in the Management Compensation Schedule.
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Related to Permitted Deviations

  • Permitted Deductions means the sum of, without duplication, the following costs or expenses:

  • Permitted Debt means any Financial Indebtedness:

  • Permitted Dispositions means each of the following:

  • Permitted Disposal means any sale, lease, licence, transfer or other disposal:

  • Permitted Facility means a facility authorized by the general permit to discharge total nitrogen or

  • Permitted Modifications As defined in Section 2.02(a) of the Servicing Agreement.

  • Permitted Disposition means any of the following:

  • Permitted Designee means (i) a spouse or a child of a Permitted Holder, (ii) trusts for the benefit of a Permitted Holder or a spouse or child of a Permitted Holder, (iii) in the event of the death or incompetence of a Permitted Holder, his estate, heirs, executor, administrator, committee or other personal representative or (iv) any Person so long as a Permitted Holder owns at least 50% of the voting power of all classes of the voting stock of such Person.

  • Permitted Variance has the meaning given in Section 6.15.

  • Permitted Asset Dispositions means the following Asset Dispositions:

  • Permitted Leakage means any of the following:

  • Permitted Capital Expenditures has the meaning given that term in Section 9.12(b).

  • Other Permitted Indebtedness means (a) accrued expenses and current trade accounts payable incurred in the ordinary course of the Borrower’s business which are not overdue for a period of more than 90 days or which are being contested in good faith by appropriate proceedings, (b) Indebtedness (other than Indebtedness for borrowed money) arising in connection with transactions in the ordinary course of the Borrower’s business in connection with its securities transactions, derivatives transactions, reverse repurchase agreements or dollar rolls to the extent such transactions are permitted under the Investment Company Act and the Borrower’s Investment Policies (after giving effect to any Permitted Policy Amendments), provided that such Indebtedness does not arise in connection with the purchase of Portfolio Investments other than Cash Equivalents and U.S. Government Securities and (c) Indebtedness in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as such judgments or awards do not constitute an Event of Default under clause (l) of Article VII.

  • Reference Interest Rate Replacement Conforming Changes means, with respect to any Reference Interest Rate Replacement, any technical, administrative or operational changes (including changes to the definition of "Interest Period", timing and frequency of determining rates and making payments of interest, changes to the definition of "Corresponding Tenor" solely when such tenor is longer than the Interest Period and other administrative matters) that the Issuer or its designee decides may be appropriate to reflect the adoption of such Reference Interest Rate Replacement in a manner substantially consistent with market practice (or, if the Issuer or its designee decides that adoption of any portion of such market practice is not administratively feasible or if the Issuer or its designee determines that no market practice for use of the Reference Interest Rate Replacement exists, in such other manner as the Issuer or its designee determines is reasonably necessary).

  • Permitted Restricted Payments means any of the following Restricted Payments made by:

  • Permitted Intercompany Activities means any transactions between or among the Borrower and its Restricted Subsidiaries that are entered into in the ordinary course of business of the Borrower and its Restricted Subsidiaries and, in the good faith judgment of the Borrower are necessary or advisable in connection with the ownership or operation of the business of the Borrower and its Restricted Subsidiaries, including, but not limited to, (i) payroll, cash management, purchasing, insurance and hedging arrangements and (ii) management, technology and licensing arrangements.

  • Permitted Licenses are (A) licenses of over-the-counter software that is commercially available to the public, and (B) non-exclusive and exclusive licenses for the use of the Intellectual Property of Borrower or any of its Subsidiaries entered into in the ordinary course of business, provided, that, with respect to each such license described in clause (B), (i) no Event of Default has occurred or is continuing at the time of such license; (ii) the license constitutes an arms-length transaction, the terms of which, on their face, do not provide for a sale or assignment of any Intellectual Property and do not restrict the ability of Borrower or any of its Subsidiaries, as applicable, to pledge, grant a security interest in or lien on, or assign or otherwise Transfer any Intellectual Property; (iii) in the case of any exclusive license, (x) Borrower delivers ten (10) days’ prior written notice and a brief summary of the terms of the proposed license to Collateral Agent and the Lenders and delivers to Collateral Agent and the Lenders copies of the final executed licensing documents in connection with the exclusive license promptly upon consummation thereof, and (y) any such license could not result in a legal transfer of title of the licensed property but may be exclusive in respects other than territory and may be exclusive as to territory only as to discrete geographical areas outside of the United States; and (iv) all upfront payments, royalties, milestone payments or other proceeds arising from the licensing agreement that are payable to Borrower or any of its Subsidiaries are paid to a Deposit Account that is governed by a Control Agreement.

  • Permitted Distributions means the following Distributions:

  • Permitted Modification shall have the meaning ascribed thereto in Section 4.02.

  • Section 502(b)(10) changes means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

  • Permitted Installation means the activities and the limits to those activities described in Table 1.1.1 of this Permit.

  • Contractor’s Equipment means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. However, Contractor’s Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Equipment.

  • Permitted License means any non-exclusive license of patent rights of Borrower or its Subsidiaries so long as all such Permitted Licenses are granted to third parties in the Ordinary Course of Business, do not result in a legal transfer of title to the licensed property, and have been granted in exchange for fair consideration.

  • Permitted Assets means any and all properties or assets that are used or useful in a Permitted Business (including Capital Stock in a Person that is a Restricted Subsidiary and Capital Stock in a Person whose primary business is a Permitted Business that shall become a Restricted Subsidiary immediately upon the acquisition of such Capital Stock by the Issuer or by a Restricted Subsidiary, but excluding any other securities).

  • Permitted Occupier means if used in the Agreement, any person who is licensed or permitted by the Landlord to reside at the Property together with the Tenant and who does so as a rent free licensee of the Tenant.

  • permitted hours means the periods specified for each parking place during which waiting by vehicles of a specific class is permitted as specified on the Plans;