Release Procedure Sample Clauses

Release Procedure. If and only if no Insolvency Action has occurred, then ----------------- effective the Release Date: a. DBS, on behalf of itself and the other DBS Releasees, agrees as follows: i. DBS, on behalf of itself and each other DBS Releasee, fully and forever releases and discharges each of the MPI Releasees (which do not include MPS or MPM) from and against any and all claims, damages and causes of action they may have against each such person or entity with respect to any matter under the provisions of, arising out of or in connection with, the Loan Documents, including any breach of any representation or warranty or noncompliance or nonfulfillment of any covenant or agreement set forth in such documents; provided that such release and discharge shall not extend to (A) any claims, damages and causes of action any DBS Releasee may have against any MPI Releasee for fraud or willful misconduct with respect to any of the Loan Documents, or (B) the obligations of MPI under this Agreement. ii. DBS agrees that each of the Loan Documents so far as they relate to or are enforceable against or capable of relating to or capable of being enforceable against MPI, regardless of whether they are in default, are fully and completely terminated and rendered devoid of legal effect and unenforceable, such that even provisions of the Loan Documents that, according to their terms, survive termination, are terminated and nullified. Further, DBS acknowledges and agrees that any loan, debt, liability or other obligation created pursuant to or arising out of the Loan Documents so far as they relate to or are enforceable against or capable of relating to or capable of being enforceable against MPI, as well as any writings, agreements, notes or certificates representing such loan, debt, liability or obligations, are canceled and rendered devoid of force and effect. iii. Notwithstanding anything in this Agreement to the contrary, in particular (but without prejudice to the generality of this Section 3.a.iii.) Section 3.a.ii. above: A. MPI's liability under the Guarantees shall only be discharged effective the date which is ninety calendar days after the calendar date MPI pays to DBS the US$1,177,397.20 required under Section 2.a.i. of this Agreement. B. Nothing herein shall be construed as a waiver by DBS of any of DBS's rights and remedies against MPS and/or MPM whether in connection with MPS' liquidation or under the Deed, Supplemental Deeds, the Restatement and the Loan Documents and DB...

Release Procedure. Subject to the provisions of this Section 9.5.4.2, the Escrow Agent is hereby authorized to release the Escrow Materials to Alstom upon receiving written authorization from Alstom certifying that Alstom is entitled to the Escrow Materials (the “Release Notice”) pursuant to Section 9.5.4.1. Alstom shall provide a copy of each Release Notice to BSE.

Release Procedure. Release of cash amounts shall be made by a wire transfer, to the bank account of the party entitled to receive such payment. The Escrow Agent shall, promptly after each release or disbursement of the Escrow Funds set forth herein, deliver to Seller and Buyer a notice setting forth the aggregate amount of the Escrow Funds so released or disbursed to Seller or Buyer and the balance of the Escrow Funds as of such date.

Release Procedure. In any case in which you are required to execute a release as a condition to vesting and settlement of the Performance Share Units, the Company will supply you with a form of such release or other agreement not later than the date of your separation from service, which must be returned within the time period required by law (or ten business days if no legally mandated period applies) and you must not revoke within the applicable time period (if any) in order for you to satisfy any such condition. If any amount payable during a fixed period following separation from service is subject to such a requirement and the fixed period could begin in one year and end in the next, payment shall be made or commenced to be made in the next year regardless of when you return the release or other agreement.

Release Procedure. Upon the occurrence and continuation of a ----------------- Release Event, MKE will notify the Escrow Agent. The Escrow Materials will be released for use by MKE, subject to the terms and conditions hereof, only after notice of such Release Event from the Escrow Agent to Replay and Replay's failure to declare in writing to the Escrow Agent within [***] that no Release Event has occurred. If Replay makes such written declaration, then the issue of whether a Release Event has occurred and is continuing shall be submitted to arbitration in Santa ▇▇▇▇▇ County, California, under the Commercial Arbitration Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of the arbitration, including administrative and arbitrator's fees, shall be shared equally by the parties. Each party shall bear the costs of its own attorneys' fees in connection with such arbitration. [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Release Procedure. If and only if no Insolvency Action has occurred, then ----------------- effective the Release Date: a. TI, on behalf of itself and the other TI Releasees, agrees as follows: i. TI, on behalf of itself and each other TI Releasee, fully and forever releases and discharges each of the MPI Releasees from and against any and all claims, damages and causes of action they may have against each such person or entity with respect to any matter under the provisions of, arising out of or in connection with, the Loan Documents, including any breach of any representation or warranty or noncompliance or nonfulfillment of any covenant or agreement set forth in such documents; provided that such release and discharge shall not extend to any claims, damages and causes of action any TI Releasee may have against any MPI Releasee for fraud or willful misconduct with respect to any of the Loan Documents or any of the transactions contemplated by this Agreement. ii. TI agrees that each of the Loan Documents, regardless of whether they are in default, are fully and completely terminated and rendered devoid of legal effect and unenforceable, such that even provisions of the Loan Documents that, according to their terms, survive termination, are terminated and nullified. Further, TI acknowledges and agrees that any loan, debt, liability or other obligation created pursuant to or arising out of the Loan Documents, as well as any writings, agreements, notes or certificates representing such loan, debt, liability or obligations, are canceled and rendered devoid of force and effect. b. MPI, on behalf of itself and the other MPI Releasees, agrees as follows: i. MPI, on behalf of itself and each other MPI Releasee, fully and forever releases and discharges each of the TI Releasees from any claims, damages, and causes of action it or they may have against any of them with respect to any matter under the provisions of, arising out of or in connection with the Loan Documents; provided that such release and discharge shall not extend to any claims, damages and causes of action any MPI Releasee may have against any TI Releasee for fraud or willful misconduct with respect to any of the Loan Documents or any of the transactions contemplated by this Agreement. ii. MPI acknowledges and agrees that each of the Loan Documents are fully and completely terminated and rendered devoid of force and effect, such that even provisions of the Loan Documents and each of their respective related agreements,...

Release Procedure. Borrower shall provide Bank with a fully prepared request for partial release for the Construction Parcel or any Release Parcel to be released, together with the items described in Section 15.1, 15.2 and 15.3 not less than ten (10) Business Days prior to the requested release date.

Release Procedure. Upon the occurrence of all of the circumstances set forth in Section 3.1, the following procedures shall be followed: a. Licensee shall provide written notice (“Demand Notice”) to both Escrow Agent and Licensor, along with a copy of Licensee’s notice to Licensor of the failure to perform and cure the specified material breach as required by Section 3.1(b) of this Agreement. b. Upon receipt of a proper Demand Notice, Licensor has fifteen (15) days to make a written objection (“Objection Notice”) to Licensee and Escrow Agent that states it is Licensor’s good faith belief that all the circumstances stated in Section 3.1 have not occurred or have been timely cured. c. If Escrow Agent receives a proper Objection Notice from Licensor, then the Confidential Materials will not be released until Escrow Agent receives either (i) a written agreement signed by Licensor and Licensee authorizing release or (ii) a court order from a court of competent jurisdiction requiring (or an appropriate authorization from a trustee in bankruptcy) release. The release shall be in accordance with the written agreement or the court order. d. If (i) Escrow Agent does not receive a proper Objection Notice or (ii) Escrow Agent receives either the written agreement or the court order specified in Section 3.2(c) of this Agreement, then Escrow Agent will release the Confidential Materials to Licensee. e. Upon release of the Confidential Materials, this Agreement will terminate except as provided in Section 13 of this Agreement

Release Procedure. A. Union representatives will secure the approval of their immediate supervisors or their designees, before performing labor management duties. Union representatives will work with their immediate supervisors to determine procedures to secure approval to perform representational duties in the absence of the supervisor or designee. Supervisors should approve such requests, unless there is a mission requirement that would justify a temporary delay. When such temporary delays occur, the Parties willarrive at a mutually agreeable time and/or date for performing the representational duty, in most cases within one work day. The Union representative will be given time to inform any affected bargaining unit employee(s) of the reason for the delay. B. When a Union representative leaves the work site on Union business, he or she will notify the supervisor of the purpose of the absence, departure time, anticipated return time and a telephone number where the representative can be reached. The Union representative will notify the supervisor upon return. Upon entering a work area other than his or her own to meet with an employee, the representative will advise the immediate or other supervisor having control over that work area of his or her presence, the employee to be contacted, and the estimated duration of the meeting. If there is a mission requirement that would temporarily delay the meeting, the Parties will arrive at a mutually agreeable time for the meeting requested. C. Employees will be given reasonable duty time to meet with a Union representative to discuss matters covered by this Agreement. The employee will obtain approval from his or her supervisor before meeting with a Union representative. D. Discussions between the Union representative and employee may take longer than originally anticipated. In these cases, both must contact their supervisors to request the additional time. E. The Union representative will record official time and report official time used as required.