Subject Provisions definition

Subject Provisions means each of Section 6.02(b)(xiii), Section 7.05 and Section 11.09.
Sample 1Sample 2
Subject Provisions means and include each of Sections 6.9(vi), 6.13(e), 7.1(e), and 7.1(f).
Sample 1Sample 2
Subject Provisions means exclusively (i) the minimum Fixed Charge Coverage Ratio set forth in Section 9.2 of the Credit Agreement, and (ii) the minimum Consolidated Tangible Net Worth set forth in Section 9.3 of the Credit Agreement. Borrower acknowledges that (a) this waiver is a limited waiver that applies only to compliance with the Subject Provisions during the Waiver Period as set forth herein and except as specifically stated herein is not an agreement by Lenders to forbear from exercising any of their default related rights or waive compliance with (i) the Subject Provisions for any period other than the Waiver Period, or (ii) any other covenant or agreement set forth in the Loan Documents, whether during the Waiver Period or otherwise, (b) Lenders expressly reserve all of their rights and remedies under the Loan Documents and applicable law with respect to the noncompliance by Borrower with respect to all other covenants and agreements set forth in the Loan Documents and with respect to any noncompliance with the Subject Provisions during any period other than the Waiver Period, and (c) Lenders’ agreement to forbear from exercising default-related rights and remedies regarding the Subject Provisions as described in this Section does not relate to or extend to any actions that Lenders may take necessary to the administration of the Loan and the Loan Documents or the protection, preservations or perfection of Lenders’ interest in any collateral, all as determined by Lenders in their sole discretion. Except as specifically modified herein, all of Lenders’ rights and remedies are cumulative and may be exercised by Lenders at any time in Lenders’ sole discretion. Lenders expect full and complete performance by Borrower of its other obligations under the Loan Documents as and when required, including its financial reporting requirements as modified herein. “Early Covenant Compliance Date” means any date after the Effective Date that Borrower delivers to Agent a pro forma Compliance Certificate satisfactory to Agent and Lenders evidencing compliance with the financial covenants set forth in Section 9 of the Credit Agreement for the most recent trailing twelve (12) months, including compliance with the Subject Provisions without any waiver or modification thereto.
Sample 1

Examples of Subject Provisions in a sentence

  • The Subject Provisions, including without limitation the release contained therein, shall survive the Closing and the delivery and recording of the Deed in perpetuity.

  • Seller has given Buyer material concessions regarding this transaction in exchange for Buyer agreeing to the Subject Provisions.

  • Buyer has initialed this Section below to further indicate Buyer’s awareness and acceptance of each and every provision of the Subject Provisions.

  • For the avoidance of doubt, the waiver of compliance with the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose after the last day of the Waiver Period.

  • For the avoidance of doubt, the waivers of the Limited Waiver Period Subject Provisions set forth herein shall not extend beyond the last day of the Limited Waiver Period, and such waivers shall be of no force or effect for any purpose after the last day of the Limited Waiver Period.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose other than in respect of the Subject Provisions during the Waiver Period (which waiver for such time period shall remain and continue) after the last day of the Waiver Period.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Waiver Period and such waiver shall be of no force or effect for any purpose after the last day of the Waiver Period.

  • For the avoidance of doubt, the waiver of the Subject Provisions set forth herein shall not extend beyond the last day of the Permitted Draw Period and such waiver shall be of no force or effect for any purpose after the last day of the Permitted Draw Period.

  • Buyer expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which provides: The Subject Provisions are material and included as a material portion of the consideration given to Seller by Xxxxx in exchange for Seller's performance under this Agreement.

  • Buyer expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which provides: The Subject Provisions are material and included as a material portion of the consideration given to Seller by Buyer in exchange for Seller's performance under this Agreement.

Related to Subject Provisions

  • Relevant Provisions means, in respect of the Determination Agent, the provisions of the Determination Agency Agreement, the Trust Deed, and the Conditions.

  • Arrangement Provisions means Part 9, Division 5 of the BCBCA;

  • Supplemental Provisions means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.

  • Subordination Provisions has the meaning specified in Section 8.01(l).

  • Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

  • Grantor Trust Provisions Subpart E of part I of subchapter J of the Code and Treasury Regulations Section 301.7701-4(c).

  • Additional Provisions shall have the meaning set forth in Section 15.01.

  • Adjustment Provisions means all relevant provisions of these Conditions which provide for any adjustment, delay, modification, cancellation or determination in relation to an Index, the valuation procedure for an Index or the Preference Shares. This shall include the provisions of Condition 11 (Calculation Agent Modifications) and all subsequent Conditions.

  • Restrictive Covenant Agreements has the meaning set forth in the Recitals.

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.

  • Specific Redemption Provisions means, with respect to a Special Dividend Period either, or any combination of, (i) a period (a "Non-Call Period") determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during which the shares of AMPS subject to such Dividend Period shall not be subject to redemption at the option of the Corporation and (ii) a period (a "Premium Call Period"), consisting of a number of whole years and determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during each year of which the shares of AMPS subject to such Dividend Period shall be redeemable at the Corporation's option at a price per share equal to $25,000 plus accumulated but unpaid dividends plus a premium expressed as a percentage of $25,000, as determined by the Board of Directors of the Corporation after consultation with the Auction Agent and the Broker-Dealers.

  • Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.

  • ESG Pricing Provisions has the meaning specified in Section 2.18.

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • provisions means "provisions, terms, agreements, covenants and/or conditions"; (iii) "lien" shall mean "lien, charge, encumbrance, title retention agreement, pledge, security interest, mortgage and/or deed of trust"; (iv) "obligation" shall mean "obligation, duty, agreement, liability, covenant and/or condition"; (v) "any of the Leased Premises" shall mean "the Leased Premises or any part thereof or interest therein"; (vi) "any of the Land" shall mean "the Land or any part thereof or interest therein"; (vii) "any of the Improvements" shall mean "the Improvements or any part thereof or interest therein"; (viii) "any of the Equipment" shall mean "the Equipment or any part thereof or interest therein"; and (ix) "any of the Adjoining Property" shall mean "the Adjoining Property or any part thereof or interest therein".

  • Redemption Provisions Initial Redemption Date: Initial Redemption Percentage: Annual Redemption Percentage Reduction, if any: Repayment Provisions: Optional Repayment Date(s):

  • Basic Lease Provisions means and refer to the following collective terms, the application of which shall be governed by the provisions in the remaining Articles of this Lease.

  • Surviving Provisions has the meaning specified in Section 10.02.

  • Standard Provisions mean these Standard Provisions that form a part of the Certificate of Designations relating to the Designated Preferred Stock.

  • Transfer Provisions means the provisions of Section 00-00-000 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers.

  • Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

  • Indemnity, Subrogation and Contribution Agreement means the Indemnity, Subrogation and Contribution Agreement among Xxxxx 0, the Borrower, the Subsidiary Loan Parties and the Collateral Agent, substantially in the form of Exhibit C-3.

  • Standard Terms and Conditions or “Standard Terms” means these terms and conditions for the grant of the Loan to the Borrower by ABFL.

  • Restrictive Covenants means the restrictive covenants contained in Section 13(c) hereof.

  • Diversion agreement means a mechanism designed to hold a child accountable for his or her behavior and, if appropriate, securing services to serve the best interest of the child and to provide redress for that behavior without court action and without the creation of a formal court record;

  • Acquisition Agreement Representations means the representations and warranties with respect to the Companies made by the Seller in the Acquisition Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders, but only to the extent that the Borrower or its Affiliates have the right to terminate its or their obligations under the Acquisition Agreement (or decline to consummate the Rockwood Acquisition) as a result of a breach of such representations in the Acquisition Agreement.