Subject to the definition

Subject to the subordination provisions of Section 4, and notwithstanding the provisions of Sections 1 and 2, the entire unpaid principal of this Note and the interest then accrued on this Note shall, upon written notice by the holder of this Note to the Company, become and be immediately due and payable without any further notice or demand of any kind or any presentment or protest, if any one of the following events shall occur:

Subject to the subordination provisions set forth in Section 1 of this Note, unless accelerated as set forth in Section 2 of this Note, payment of Principal will be due and payable in one (1) balloon payment on May 1, 2004. Payment of less than all amounts due will be first applied to accrued interest and then to Principal.

Subject to the other provisions of this Section 6.4 and this Agreement, the parties agree as follows:

Examples of Subject to the in a sentence

• Subject to the provisions of Part II and Part III hereof, all the provisions contained in the Standard Terms and Conditions of Trust are herein incorporated by reference in their entirety and shall be deemed to be a part of this instrument as fully and to the same extent as though said provisions had been set forth in full in this instrument.

• Subject to the provisions of Part II hereof, all the provisions contained in the Standard Terms and Conditions of Trust are herein incorporated by reference in their entirety and shall be deemed to be a part of this instrument as fully and to the same extent as though said provisions had been set forth in full in this instrument.

• Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

• Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

• Subject to the provisions of Section 11.05, all moneys received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated from other funds except to the extent required by law.

More Definitions of Subject to the

Subject to the qualifications hereinafter set forth in this Section 1.02, as used in this Agreement, the following terms shall have the meanings set forth in the Loan Agreement and are incorporated into this Agreement by reference: (a) Acquisition(s) (b) Advance (c) Affiliate (d) Base Rate (e) Base Rate Advance (f) Base Rate Option (g) Basis Point (h) Business Day (i) CD Rate (j) CD Rate Advance (k) CD Rate Option (l) CD Reserve Requirement (m) Eurodollar Reserve Requirement (n) FDIC Percentage (o) Environmental Laws (p) Federal Funds Rate (q) GAAP or "generally accepted accounting principles" (r) Governmental Body (s) Hazardous Substances (t) Highest Lawful Rate (u) Indebtedness (v) LIBOR Rate (w) LIBOR Rate Advance (x) LIBOR Rate Option (y) NationsBank CD Rate (z) NationsBank LIBOR Rate (aa) Person or Persons (bb) Subsidiary or Subsidiaries

Subject to the qualifications set forth in this Section 9, MD and Amersham hereby warrant that all Products will at the time of receipt by the Customer be free from defects and conform to the relevant minimum performance specifications. The minimum performance specifications agreed to by the Customer and MD for the Generation [ ] and Generation [ ] Array Spotter and Array Scanner are set forth herein in Schedule VI. As of the date hereof, Gen [ ] minimum performance specifications have been developed by MD and [ ] changes are anticipated in connection with such specifications between the Effective Date and the date of delivery of the Gen [ ] Microarray Systems. The Customer further acknowledges and agrees that the Products to be purchased by the Customer pursuant to this Agreement are not finished products ready for commercial release, but rather they represent collaborative prototypes for use in the Customer's internal research and development activities. The Customer fully understands and agrees that significant changes are expected to be made in the Products during the Technology Access Period. MD shall inform the Customer of any significant changes to Schedule VI promptly in writing. Amersham's sole liability for breach of this warranty shall be at its option to give credit for, replace or repair any Products described in Schedule II, provided that Amersham is informed in writing of any breach promptly after any quality control testing on the said Products by the Customer, and in any event before the expiration date on the pack overlabel, and the breach is shown to be due to Amersham's defective design, workmanship, material or packaging. No guarantee can be given that the Customer's own applications can be made to perform with the levels of sensitivity, specificity or robustness demonstrated in model systems.

Subject to the accrual provisions specified in this paragraph 5, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from April 4 to October 3 and from October 4 to April 3, commencing after April 3, 2007, if the average LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the sum of the Issue Price of a Security and Original Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Maturity hereof shall equal 0.125% of the average LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period. Such payments shall be paid on the last day of the relevant Contingent Interest Period. Original Issue Discount will continue to accrue at 3.00% per annum whether or not contingent interest is paid.

Subject to the. As Is" provisions of Section 5.01 above, the occurrence of any injury or death of any person or damage to or the destruction of property attributable to the ownership and management of same by Seller prior to Close of Escrow.

Subject to the provisions of this Section 3.5, upon surrender for registration of transfer of any Registered Security of any series at any office or agency of the Company in a Place of Payment for that series, the Company shall execute, and the Trustee shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Registered Securities of the same series, of any authorized denominations and of a like aggregate principal amount, bearing a number not contemporaneously outstanding, and containing identical terms and provisions. Subject to the provisions of this Section 3.5, at the option of the Holder, Registered Securities of any series may be exchanged for other Registered Securities of the same series, of any authorized denomination or denominations and of a like aggregate principal amount, containing identical terms and provisions, upon surrender of the Registered Securities to be exchanged at any such office or agency. Whenever any such Registered Securities are so surrendered for exchange, the Company shall execute, and the Trustee shall authenticate and deliver, the Registered Securities which the Holder making the exchange is entitled to receive. Unless otherwise specified with respect to any series of Securities as contemplated by Section 3.1, Bearer Securities may not be issued in exchange for Registered Securities. If (but only if) permitted by the applicable Board Resolution and (subject to Section 3.3) set forth in the applicable Officers' Certificate, or in any indenture supplemental hereto, delivered as contemplated by Section 3.1, at the option of the Holder, Bearer Securities of any series may be exchanged for Registered Securities of the same series of any authorized denominations and of a like aggregate principal amount and tenor, upon surrender of the Bearer Securities to be exchanged at any such office or agency, with all unmatured coupons and all matured coupons in default thereto appertaining. If the Holder of a Bearer Security is unable to produce any such unmatured coupon or coupons or matured coupon or coupons in default, any such permitted exchange may be effected if the Bearer Securities are accompanied by payment in funds acceptable to the Company in an amount equal to the face amount of such missing coupon or coupons, or the surrender of such missing coupon or coupons may be waived by the Company and the Trustee if there is furnished to them such security or indemnity as they may require to save each of...

Subject to the provisions hereinafter set forth, seniority is defined for the purpose of this agreement as the length of service of any employee with the Board computed from a date three months prior to the date such employee actually attains seniority provided in Article

Subject to the qualifications set forth in this opinion, the security interest of the Administrative Agent in that portion of the New York Article 9 Filing Collateral consisting of the non-negotiable instruments listed on Schedule 2 to the Guarantee and Collateral Agreement (the "Pledged Instruments") will be a perfected security interest upon delivery thereof to the Administrative Agent of the Pledged Instruments in the State of New York. 7. The Guarantee and Collateral Agreement creates in favor of the Administrative Agent a security interest under the New York UCC in the shares of stock of the Issuers identified on Schedule 2 to the Guarantee and Collateral Agreement under the heading "Pledged Stock" (the "Pledged Shares"; collectively, the Pledged Shares and the Article 9 Collateral is herein referred to as the "Collateral"). With respect to any Pledged Shares which may constitute "certificated securities" as defined in Section 8-102(1)(a) of the New York UCC (the "New York Certificated Securities"), upon the delivery of certificates representing the New York Certificated Securities to the Administrative Agent in the State of New York the security interest of the Administrative Agent in such New York Certificated Securities will be perfected, and, assuming that the Administrative Agent acquires its interest in the New York Certificated Securities in good faith and without notice of any adverse claims and that each New York Certificated Security is either in bearer form or in registered form, issued or indorsed in the name of the Administrative Agent or in blank, the Administrative Agent will acquire its security interest in the New York Certificated Securities free of adverse claims.