Under Section 6 Sample Clauses

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Under Section 6. 6(h) of the Agreement, an Information Party may, at the request of such Information Party (which shall be a written request if requested by ▇▇▇▇▇▇▇▇ or BNP Paribas), be entitled to receive Subscriber Information, and any such Information Party agrees as follows:
Under Section 6. 03 of the Loan Agreement, the Borrower agrees to keep, or cause to be kept, the Facilities insured against the risks described in such section, paying all premiums with respect thereto as they become due and payable. The Borrower is unable to pay, or but for the R&R Concession would be unable to pay, as they become due and payable, all premiums and other amounts as described in Section 6.02 of the Loan Agreement, and each such failure to pay constitutes an Event of Default under the Loan Agreement and other Bond Documents. As a result, the Borrower submitted the Prior Requisition to the Trustee. However, payment of the Prior Requisition from the Repair and Replacement Fund (i.e., the R&R Concession) is not required under the Indenture, and the R&R Concession constitutes a concession made by the Trustee to the Borrower pursuant to this Forbearance Agreement and does not constitute a cure by the Borrower. The Borrower is obligated to cause the replenishment of the Repair and Replacement Fund as provided in Section 3(e) of this Forbearance Agreement.
Under Section 6. 8(a) of the Loan Agreement, the Lenders have a right to invest up to Five Hundred Thousand Dollars ($500,000.00) in the Borrower’s next bona fide round of equity financing after the Effective Date (the “Lender Right to Invest”) and the right of at least thirty (30) days prior written notice of the Subsequent Financing containing the terms, conditions, and pricing of such financing (the “Lender Right to Notice”).

Related to Under Section 6

  • Claims Under Section 16(b) To indemnify Indemnitee for expenses and the payment of profits arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Securities Exchange Act of 1934, as amended, or any similar successor statute.

  • Determinations Under Section 3 01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Agent responsible for the transactions contemplated by this Agreement shall have received notice from such Lender prior to the date that the Borrower, by notice to the Lenders, designates as the proposed Effective Date, specifying its objection thereto. The Agent shall promptly notify the Lenders of the occurrence of the Effective Date.

  • Reportable Events under Section III J.1.d. For Reportable Events under Section III.J.1.d, the report to OIG shall include documentation of the bankruptcy filing and a description of any Federal health care program requirements implicated.‌

  • Determinations Under Section 3.01 For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Agent responsible for the transactions contemplated by this Agreement shall have received notice from such Lender prior to the date that the Borrower, by notice to the Lenders, designates as the proposed Effective Date, specifying its objection thereto. The Agent shall promptly notify the Lenders of the occurrence of the Effective Date.

  • Plan Terminations Under Section 409A Notwithstanding anything to the contrary in Section 7.2, if the Company terminates this Agreement in the following circumstances: (a) Upon the Company’s termination and liquidation of the Agreement pursuant to irrevocable action taken within thirty (30) days before, or twelve (12) months after a change in the ownership or effective control of the Company, or in the ownership of a substantial portion of the assets of the Company as described in Section 409A(2)(A)(v) of the Code, provided that all distributions are made no later than twelve (12) months following such termination of the Agreement and further provided that all the Company’s arrangements which are substantially similar to the Agreement are terminated so the Executive and all participants in the similar arrangements are required to receive all amounts of compensation deferred under the terminated arrangements within twelve (12) months of the termination of the arrangements; (b) Upon the Company’s termination and liquidation of the Agreement within twelve (12) months of a corporate dissolution taxed under Section 331 of the Code or with the approval of a bankruptcy court provided that the amounts deferred under the Agreement are included in the Executive’s gross income in the latest of the following years (or, if earlier, the taxable year in which the amount is actually or constructively received): (i) the calendar year in which the Agreement terminates; (ii) the first calendar year in which the amount is no longer subject to a substantial risk of forfeiture; or (iii) the first calendar year in which the distribution is administratively practical; or (c) Upon the Company’s termination and liquidation of this and all other non-account balance plans (as referenced in Section 409A of the Code) provided that (i) such action does not occur proximate to a downturn in the financial health of the Company; (ii) all distributions are made no earlier than twelve (12) months and no later than twenty-four (24) months following such termination, and (iii) the Company does not adopt any new non-account balance plans for a minimum of three (3) years following the date of such termination; the Company may distribute the vested Accrual Balance as shown on Schedule A, determined as of the date of the termination of the Agreement, to the Executive in a lump sum subject to the above terms.