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Agreement and as of the Expiration Date as though made as of such date (other than for a de minimis failure to be so true and correct); or (ii) all of the representations and warranties of the Company contained in the Merger Agreement shall be true and correct, as of the date applicable to such representations and warranties in the Merger Agreement and as of the Expiration Date as though made as of such date (in the case of clause (ii) without giving effect to any \u201cmateriality\u201d, \u201cMaterial Adverse Effect\u201d or similar qualifiers set forth in such representations and warranties), except where, in the case of clause (ii) only, the failure to be so true and correct, individually or in the aggregate, has not had, and would not be reasonably expected to have, a Material Adverse Effect; (B) the Company shall not have breached in any material respect or failed in any material respect to perform any material obligation or to comply with any material agreement or material covenant of the Company to be performed or complied with by it under the Merger Agreement and such breach or failure shall not have been cured in all material respects; or (C) there shall have occurred following the date of the Merger Agreement no event, change, occurrence or development, that has had or would reasonably be expected to have or result in a Material Adverse Effect.", "size": 1, "samples": [{"hash": "eGSwumtlxp", "uri": "https://www.sec.gov/Archives/edgar/data/1421599/000119312508008882/dex99a1a.htm", "label": "Lillian Acquisition, Inc.", "score": 3.0, "published": false}], "hash": "31f5099fb2da27f9218fd63712368a11", "id": 9}], "next_curs": "", "definition": {"snippet": "means those persons who have autism or who have a severe chronic disability that meets all of the following conditions identified in 42 CFR 435.1009:", "size": 29, "title": "Related conditions", "id": "related-conditions", "examples": ["<strong>Related conditions</strong> and terms shall be determined by the administration prior to the assignment."], "related": [["associated-conditions", "Associated Conditions", "Associated Conditions"], ["specified-conditions", "Specified Conditions", "Specified Conditions"], ["termination-conditions", "Termination Conditions", "Termination Conditions"], ["payment-conditions", "Payment Conditions", "Payment Conditions"], ["conditions", "Conditions", "Conditions"]], "related_snippets": [["specified-conditions", "means, at any time of determination thereof, (a) no Incremental Term Loans in the form of an institutional term loan B facility have been issued and are outstanding pursuant to Section 2.20 of the Credit Agreement and (b) (i) the Company\u2019s \u201ccorporate credit rating\u201d from S&P (or such other term as S&P may from time to time use to describe the Company\u2019s senior unsecured non-credit enhanced long term indebtedness, such rating, the \u201cS&P Rating\u201d) shall be at least BBB- (with a stable outlook) and the Company\u2019s \u201ccorporate family rating\u201d from \u2587\u2587\u2587\u2587\u2587\u2019\u2587 (or such other term as \u2587\u2587\u2587\u2587\u2587\u2019\u2587 may from time to time use to describe the Company\u2019s senior unsecured non-credit enhanced long term indebtedness, such rating, the \u201c\u2587\u2587\u2587\u2587\u2587\u2019\u2587 Rating\u201d) shall be at least Baa3 (with a stable outlook) or (ii) (x) the Company\u2019s S&P Rating shall be at least BBB- (with a stable outlook) or the Company\u2019s \u2587\u2587\u2587\u2587\u2587\u2019\u2587 Rating shall be at least Baa3 (with a stable outlook) and (y) the Leverage Ratio is less than or equal to 2.50 to 1.00."], ["associated-conditions", "means the symptoms or side effects associated with Stage-Four Advanced, Metastatic Cancer or its treatment and which, in the judgment of the health care practitioner, further jeopardize the health of a patient if left untreated."], ["specific-conditions", "means the conditions negotiated and agreed between the Purchaser and the Supplier incorporated into and appearing on the front of the Order including any Specification."], ["offer-conditions", "has the meaning set forth in Section 1.01(b)."], ["product-conditions", "means these product terms and conditions. These Product Conditions apply to each series of cash settled Warrants over single equities;"], ["vesting-conditions", "means those conditions established in accordance with Section 8.4 or Section 10.2 of the Plan prior to the satisfaction of which shares subject to a Restricted Stock Award or Restricted Stock Unit Award, respectively, remain subject to forfeiture or a repurchase option in favor of the Company upon the Participant\u2019s termination of Service."], ["preexisting-condition-exclusion", "means, with respect to coverage, a limitation or exclusion of"], ["conditions", "means these terms and conditions;"], ["relevant-terms-and-conditions", "means terms and conditions relating to:"], ["funding-conditions", "With respect to any proposed Funding Date, the following conditions:"], ["review-conditions", "means (i) the Delinquency Percentage for any Payment Date exceeds the Delinquency Trigger for that Payment Date and (ii) the Noteholders or Note Owners, as applicable, have voted, pursuant to Section 2.03(d) of the Receivables Purchase Agreement, to direct an Asset Representations Review of the Subject Receivables."], ["fia-terms-and-conditions", "means the supplemental terms and conditions relating to the School's fees in advance scheme;"], ["special-terms-and-conditions", "means any special terms and conditions supplementing and/or amending these Terms and Conditions;"], ["lc-conditions", "has the meaning given to such term in Section 2.9."], ["standard-conditions", "means the \u201cInternational Bank for Reconstruction and Development and International Development Association Standard Conditions for Grant Financing Made by the Bank out of Trust Funds\u201d, dated February 25, 2019."], ["other-conditions", "Any subsequent contracts shall supersede the provisions of this contract. PARTIES: The Fort \u2587\u2587\u2587\u2587\u2587 School District 100, Party of the First Part, and \u2587\u2587\u2587\u2587\u2587 \u2587\u2587\u2587\u2587\u2587\u2587 \u2587\u2587\u2587\u2587\u2587\u2587 Party of the Second Part, agree as follows:"], ["general-terms-and-conditions", "means the General Terms and Conditions for Services Contracts as referenced on the RFP cover page."], ["preexisting-condition", "means any medical condition,"], ["specified-condition", "means, with respect to a party, any event specified as such for that party in Paragraph 13."], ["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)."], ["extension-conditions", "Defined in Section 3.06(a)."], ["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) and, (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) \u201cAvailability Percentage\u201d: 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 \u201cPermitted Investments\u201d or (B) clause (c)(i) of the definition of \u201cPermitted Acquisitions,\u201d 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) \u201cFixed Charge Condition\u201d 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 \u201cPermitted Acquisitions\u201d, 15.0%; (c) in respect of any investment permitted pursuant to clause (u) of the definition of \u201cPermitted Investments\u201d, 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%."], ["business-condition", "means the current business, financial condition, results of operations and assets of a corporate entity."], ["payment-conditions", "means, at the time of determination with respect to any specified transaction or payment, that:"], ["primary-terms-and-conditions", "means the terms and conditions applicable to the ICICI Bank\u2019s internet banking facility/service."], ["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."]], "updated": "2025-07-06T21:58:36+00:00"}, "json": true, "cursor": ""}}