Revised Plan Clause Samples

Revised Plan. If requested in a writing delivered by the Administrative Agent to the Borrowers after January 29, 2008, the Borrowers shall deliver to the Administrative Agent and the Lenders within twenty-one days of receipt of such written request a revised plan which details the Borrowers’ proposed strategy for maximizing the value of their estates, including, without limitation, through a sale of the Borrowers and/or their assets in their entirety, or in a series of transactions, and cash flows resulting from such transactions, which revised plan shall be in form and substance satisfactory to the Administrative Agent; provided, however, that the Borrowers shall not be required to deliver such revised plan in the event that on or before January 29, 2008, (i) the Borrowers have publicly announced an agreement in principle with both the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (“BCTGM”) and the International Brotherhood of Teamsters (“IBT”), in each case regarding modifications to the existing collective bargaining agreements with BCTGM and IBT, respectively, which provide for union alignment to a more capable and more cost-effective path-to-market, certain health and welfare concessions, and increased work rule flexibility, and (ii) Silver Point Finance, L.L.C. (or, if the Borrowers are authorized by the Bankruptcy Court to enter into an alternative commitment for exit financing, then the approved provider of such alternate exit financing) has publicly announced its support of such agreements with BCTGM and IBT.
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Revised Plan. A revised Plan will be developed during the life of the Agreement, based on the $2.50 Contribution Rate during the Life of the Agreement in accordance with Appendix No. 3 of the August 1, 1997 Memorandum of Agreement.
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Revised Plan. By no later than April 21, 2008, the Borrowers shall have requested proposals for the sale of the Borrowers and their assets in their entirety, or in a series of transactions, and, by no later than June 30, 2008, the Borrowers shall have delivered to the Administrative Agent a schedule (in form and substance satisfactory to the Administrative Agent) of asset sales (including estimated sales dates and estimated proceeds) which the Borrowers reasonably expect will generate sales proceeds sufficient in the aggregate to reduce Total Usage (minus any cash then held in the Letter of Credit Account) to zero prior to the Maturity Date; provided, however, that the Borrowers shall not be required to (x) request such proposals in the event that on or before April 21, 2008, the Borrowers have (1) filed a Reorganization Plan that provides for the refinancing of the Credit Agreement in full and has the publicly announced support of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and the International Brotherhood of Teamsters, and is otherwise in form and substance satisfactory to the Administrative Agent and (2) obtained firm commitments for funding of all exit financing necessary for confirmation and consummation of the Reorganization Plan or (y) deliver such schedule in the event that on or before June 30, 2008, the Reorganization Plan shall have become effective and be consummated, and the Obligations under the Credit Agreement shall have been indefeasibly paid in full. 2.14 Clause (vi) of Section 6.3 of the Credit Agreement is hereby amended by deleting the amount “$1,000,000” and substituting therefor the amount “$500,000”. 2.15 Section 6.4 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
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Revised Plan. Based on the results of the meeting with officials of OTS, RP Financial will revise the business plan to incorporate greater detail with respect to the prospective operations of the Bank. RP Financial’s business planning services in this regard will include the following areas: (1) evaluating the Bank’s current financial and operating condition, business strategies and anticipated strategies in the future; (2) analyzing and quantifying the impact of business strategies, incorporating the use of net offering proceeds both in the short and long term; (3) revising and updating the detailed financial projections, if appropriate; (4) preparing the written business plan document which conforms with applicable regulatory guidelines including a Rosslyn Center Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2210 Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Arlington, VA 22209 Direct: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ E-Mail: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ description of the use of proceeds and how the convenience and needs of the community will be addressed; and (5) preparing the detailed schedules of the capitalization of the Bank and the holding company and related cash flows. Consistent with regulatory requirements for business plans incorporating minority stock offerings, the contents of the business plan will include sections pertaining to the following areas: Executive Summary; Description of Business; Marketing Plan; Management Plan; Records, Systems and Controls; Financial Management Plan; Monitoring and Revising the Plan; Alternative Business Strategy; and Pro Forma Financial Statements and Key Assumptions for the proposed holding company and the Bank. RP Financial agrees to prepare the business plan and accompanying financial projections in writing such that the business plan can be filed with the appropriate regulatory agencies prior to filing the appropriate applications for the minority stock issuance.
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Revised Plan. By no later than June 30, 2008, the Borrowers shall deliver to the Administrative Agent a schedule (in form and substance satisfactory to the Administrative Agent) of proposed Section 363 asset sales (which shall be derived from request(s) for proposals made not later than April 21, 2008 and include estimated sales dates and estimated proceeds) which the Borrowers reasonably expect will generate sales proceeds sufficient in the aggregate to reduce Total Usage (minus any cash then held in the Letter of Credit Account) to zero prior to the Maturity Date; provided, however, that the Borrowers shall not be required to deliver such schedule in the event that on or before June 30, 2008: (w) the Borrowers have filed a Reorganization Plan that (A) provides for the refinancing of the Credit Agreement in full; (B) received the publicly announced support of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and the International Brotherhood of Teamsters; and (C) is otherwise in form and substance satisfactory to the Administrative Agent; (x) the Borrowers have obtained firm commitments for funding of all exit financing necessary for confirmation and consummation of the Reorganization Plan; (y) such Reorganization Plan shall have become effective and be consummated; and (z) the Obligations under the Credit Agreement shall have been indefeasibly paid in full.
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Revised Plan. In case of a major change in budget of the UGNX Activities (exceeding [***] of the approved budget), or a major change in the Timeline ([***]), the JSC shall review and approve the revised budget, Timeline or Pre-filled Syringe Development plan in the U.S. The JSC’s decision will be made in accordance with Section 3.5, provided that [***] will have the authority to make the final decision with regards to [***], other than the [***].
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Revised Plan. The following Plan Sheet is hereby deleted and replaced with the like-numbered Plan Sheet: Sheet No. 12.A2 (Drawing No. MDS-03)
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Revised Plan. (a) In this Clause, “Revision Event” means the Majority Participants and the Company agree that:
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Revised Plan. If the Borrowers have not previously publicly announced an agreement in principle with both the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (“BCTGM”) and the International Brotherhood of Teamsters (“IBT”), in each case regarding modifications to the existing collective bargaining agreements with BCTGM and IBT, respectively, which provide for union alignment to a more capable and more cost-effective path-to-market, certain health and welfare concessions, and increased work rule flexibility, then, on or before December 1, 2007, the Borrowers shall deliver to the Administrative Agent and the Lenders a revised plan which details the Borrowers’ proposed strategy for maximizing the value of their estates, including, without limitation, through a sale of the Borrowers and/or their assets in their entirety, or in a series of transactions, and cash flows resulting from such transactions, which revised plan shall be in form and substance satisfactory to the Administrative Agent. 2.4 Section 6.17 of the Credit Agreement is hereby amended in its entirety to read as follows:
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Related to Revised Plan

  • Meal Plan 18. Residents are required to purchase a meal plan for both semesters. Refer to ▇▇▇.▇▇▇▇▇▇▇▇.▇▇/▇▇▇▇ for details on meal plan rates. Residents may contract for a meal plan of a higher value than stipulated in the fee schedule. 19. The meal plan may only be used to purchase food and beverages at Food Service outlets designated by the University. Meal plans cannot be used to purchase alcohol or gift certificates from any of our Off Campus Partners or to pay any other fees owed to the University of Windsor. 20. Selling of unused meal plan money is not permitted. 21. The University accepts no liability for lost, misplaced or stolen student cards and reserves the right to confiscate without recourse, any student card which bears evidence of alterations. 22. Any unused balance remaining in the meal plan accounts of the Resident on the termination date of this Agreement, will be subject to the University of Windsor Meal Plan Carry-Forward Policy. 23. Residents may add money to their meal plan at the Food Services office, J01 in Vanier Hall or the UwinCard Office in the CAW Student Centre (lower level). 24. The meal plan account is HST exempt on most purchases made at Food Service outlets on campus, except on taxable items at the Bru in Alumni Hall or with our Off Campus Partners. This is a current meal plan tax policy and is subject to change in accordance with provincial or federal legislation. 25. Meal plan fees or hours of operation are subject to change as deemed necessary or when due to circumstances beyond Food Services' control. The University reserves the right to increase or otherwise change the prices of items available for purchase in its Food Service outlets. Residents will be given reasonable notice of changes to the plan and such changes will be made fairly and in due consultation with student representatives.

  • SERP Executive is a participant in the BB&T Corporation Non-Qualified Defined Benefit Plan (the “SERP”). The SERP was formerly known as the Branch Banking and Trust Company Supplemental Executive Retirement Plan. The SERP is a non-qualified, unfunded supplemental retirement plan which provides benefits to or on behalf of selected key management employees. The benefits provided under the SERP supplement the retirement and survivor benefits payable from the Pension Plan. Except in the event the employment of Executive is terminated by the Employer or BB&T for Just Cause and except in the event Executive terminates Executive’s employment for any reason other than Good Reason and such termination does not occur within twelve (12) months after a Change of Control (or, if later, within ninety (90) days after a MOE Revocation), the following special provisions shall apply for purposes of this Agreement: (i) The provisions of the SERP shall be and hereby are incorporated in this Agreement. The SERP, as applied to Executive, may not be terminated, modified or amended without the express written consent of Executive. Thus, any amendment or modification to the SERP or the termination of the SERP shall be ineffective as to Executive unless Executive consents in writing to such termination, modification or amendment. The Supplemental Pension Benefit (as defined in the SERP) of Executive shall not be adversely affected because of any modification, amendment or termination of the SERP. In the event of any conflict between the terms of this Section 1.7.7(i) and the SERP, the provisions of this Section 1.7.7 (i) shall prevail. Executive hereby agrees and consents to Employer’s amendment of the SERP to comply with Section 409A.

  • Retirement Plans (a) In connection with the individual retirement accounts, simplified employee pension plans, rollover individual retirement plans, educational IRAs and ▇▇▇▇ individual retirement accounts (“▇▇▇ Plans”), 403(b) Plans and money purchase and profit sharing plans (“Qualified Plans”) (collectively, the “Retirement Plans”) within the meaning of Section 408 of the Internal Revenue Code of 1986, as amended (the “Code”) sponsored by a Fund for which contributions of the Fund’s shareholders (the “Participants”) are invested solely in Shares of the Fund, Transfer Agent shall provide the following administrative services: (i) Establish a record of types and reasons for distributions (i.e., attainment of eligible withdrawal age, disability, death, return of excess contributions, etc.); (ii) Record method of distribution requested and/or made; (iii) Receive and process designation of beneficiary forms requests; (iv) Examine and process requests for direct transfers between custodians/trustees, transfer and pay over to the successor assets in the account and records pertaining thereto as requested; (v) Prepare any annual reports or returns required to be prepared and/or filed by a custodian of a Retirement Plan, including, but not limited to, an annual fair market value report, Forms 1099R and 5498; and file same with the IRS and provide same to Participant/Beneficiary, as applicable; and (vi) Perform applicable federal withholding and send Participants/Beneficiaries an annual TEFRA notice regarding required federal tax withholding. (b) Transfer Agent shall arrange for PFPC Trust Company to serve as custodian for the Retirement Plans sponsored by a Fund. (c) With respect to the Retirement Plans, Transfer Agent shall provide each Fund with the associated Retirement Plan documents for use by the Fund and Transfer Agent shall be responsible for the maintenance of such documents in compliance with all applicable provisions of the Code and the regulations promulgated thereunder.

  • Leave Plan Effective April the Hospital agrees to introduce a leave program, funded solely by the nurse, subject to the following terms and conditions:

  • Deferral Plan The deferral portion of the plan shall involve an employee spreading four (4) years' salary over a five (5) year period, or such other schedule as may be mutually agreed between the employee and the Hospital. In the case of the four (4) years' salary over a five (5) year schedule, during the four (4) years of salary deferral, 20% of the employee's gross annual earnings will be deducted and held for the employee. Such deferred salary will not be accessible to the employee until the year of the leave or upon the collapse of the plan. In the case of another mutually agreed upon deferral schedule, the percentage of salary deferred shall be adjusted appropriately.