Required Release definition
Examples of Required Release in a sentence
The Collateral Agent shall be authorized to release the Collateral described in the Request for Release of Collateral upon receipt of evidence of arrangement for payment of funds to the Collateral Agent, for the account of the Lender, in the amount of the Required Release Price specified in the Request for Release of Collateral.
The Required Release Price shall be calculated by the Borrower, in accordance with the applicable provisions of this Agreement, at the time the Borrower submits a Request for Release of Collateral to the Collateral Agent.
The Lender shall be obligated to release and discharge its security interest in any Collateral of the type described in this Section 5.4 on the fifth (5th) Business Day after its receipt of the Request for Release of Collateral (provided the Lender has then received the Required Release Price and the Lender has not then declared, by written notice to the Borrower, the existence of an Event of Default).
To the extent necessary to comply with Section 409A of the Code, if the date of employment termination and the Required Release Date are in two separate taxable years, any payment of Liquidated Damages that constitutes deferred compensation within the meaning of Section 409A of the Code shall be payable on the later of (i) the date such payment is otherwise payable under this Agreement, or (ii) the first business day of such second taxable year.
Said payment is subject to the conditions set forth in Section 5.5 (Required Release) below.
If, within twelve (12) months following the date on which a Redundancy Transaction occurs, the Bank terminates Employee’s employment and this Agreement without Cause or by notice of non-renewal or Employee terminates his employment and this Agreement in accordance with Section 4.5 (Redundancy Transaction), then, in addition to the Accrued Earnings, Employee shall be entitled to receive, subject to Section 5.5 (Required Release) the pay and benefits described in Sections 5.3.1 and 5.3.2. above.
In any event, if such general release is not effective and non-revocable by the Required Release Date, Employee shall forfeit all rights to receive the severance payments under Section 5(c)(i).
Notwithstanding the preceding sentence, to the extent necessary to comply with Section 409A of the Code, if the Termination Date and Required Release Date are in two separate calendar years, any payments of amounts under Section 5(c)(i) that constitute deferred compensation within the meaning of Section 409A of the Code shall be payable on the later of (A) the date such payment is otherwise payable under this Agreement, or (B) the first payroll date in such second calendar year.
On the Required Release Date, Borrower shall repay in full the amount of the Loan advanced with respect to such Property, as determined by Lender as of such date, such amount to be not less than the full amount of the Loan Allocation disbursed for such Property regardless of whether all conditions to a Partial Release (as defined in Paragraph 20(b)) below) are satisfied with respect to such Property.
In any event, if such Separation Agreement is not effective and non-revocable by the Required Release Date, then Executive shall forfeit all rights to receive any payments under this Section 4(b).