Cushion Clause Samples

Cushion. The provisions for indemnity contained in Section 8.2 and Section 8.3 hereof shall only be effective with respect to an Indemnifiable Claim (or, if more than one Indemnifiable Claim is asserted, with respect to all Indemnifiable Claims) to the extent the amount (or aggregate amount, in the case of more than one Indemnifiable Claim) of damages sustained in connection therewith exceeds Three Hundred Thousand dollars (USD$300,000), but to the extent that the amount or amounts of damages in respect of Indemnifiable Claims exceeds $300,000, the indemnity provisions hereunder shall apply to all such damages, without regard to the $300,000 limit; provided, however, that no cushion shall apply under this Agreement to the indemnification by Buyer of C&W pursuant to Section 5.10 hereof.

Cushion. The provisions for indemnity contained in Section 9.3 and Section 9.4 hereof shall only be effective with respect to an Indemnifiable Claim (or, if more than one Indemnifiable Claim is asserted, with respect to all Indemnifiable Claims) to the extent the amount (or aggregate amount, in the case of more than one Indemnifiable Claim) of damages sustained in connection therewith exceeds One Hundred Thousand dollars (USD$100,000), but to the extent that the amount or amounts of damages in respect of Indemnifiable Claims exceeds $100,000, the indemnity provisions hereunder shall apply to all such damages, without regard to the $100,000 level.

Cushion. All cushion time for drivers will be paid at the appropriate rate of pay. Drivers are required to assist regular drivers while on the cushion with duties such as luggage handling, ticketing, and all other normal duties.

Cushion. 1 Separate cushion shall be securely fastened to the sub-floor with the smooth side up or in accordance with the manufacturer's recommendations. Pads with web shall be installed web side up. 2 Separate cushion seams shall be perpendicular to carpet seams or offset by at least

Cushion. 8.1.1. Without derogating from any other right or remedy of Lender under the Transaction Agreements, Lender may at any time, and without the need for Borrower’s consent, utilize any and all amounts deposited in the Cushion Deposit for effecting payment of any amounts which become due and payable to it under the Transaction Agreements and are not timely paid to Lender for any reason whatsoever. Lender shall notify Borrower promptly following such utilization (“Utilization Notice”). In any event the Cushion Deposit shall be utilized for repayment of any outstanding amounts as of the Final Maturity Date. 8.1.2. Once Lender shall have utilized any portion of the Cushion Deposit as aforesaid, Borrower shall have 60 days from the receipt the applicable Utilization Notice (the “Make Whole Period”) to make the Cushion Deposit whole again (i.e., such that the entire Initial Cushion Deposit Amount and, if applicable, the Additional Cushion Deposit Amount, shall once again be deposited in the Cushion Deposit) (“Make the Cushion Deposit Whole”). It is clarified that any further utilization(s) by Lender of the Cushion Deposit during the Make Whole Period (or the Make Whole Period Extension, as applicable) and prior to Making the Cushion Deposit Whole, shall not extend the Make Whole Period (or the Make Whole Period Extension, as applicable) or otherwise affect Borrower’s obligations to Make the Cushion Deposit Whole by the end of the Make Whole Period (or the Make Whole Period Extension, as applicable). 8.1.3. Failure by Borrower to Make the Cushion Deposit Whole by the end of the Make Whole Period shall not constitute a Default, but shall automatically render the Interest subject to an additional interest at an annual rate of four percent (4%) (“Make Whole Interest”), effective as of the lapse of the Make Whole Period. The foregoing shall not relive Borrower from its obligation to Make the Cushion Deposit Whole. Make Whole Interest shall not replace or otherwise affect any applicable Step-Up Interest (if applies due to any other circumstances) and/or Arrears Interest due on any amounts hereunder (if any), and vice versa. 8.1.4. Notwithstanding the foregoing, failure by Borrower to Make the Cushion Deposit Whole within 60 days following expiration of the Make Whole Period (the “Make Whole Period Extension”) shall constitute an Event of Default, in which case the Make Whole Interest shall become effective retroactively from the commencement of the Make Whole Period, suc...

Cushion. The cushion must be no greater than one-sixth (1⁄6) of the esti- mated total annual disbursements from the escrow account.