Waiver Application Sample Clauses

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or TMC or any ERISA Affiliate to liability in excess of $1,000,000.

Waiver Application. The plan administrator of any Benefit Plan for which the Borrower or an ERISA Affiliate is an "employer" as defined in Section 3(5) of ERISA applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the substantial business hardship upon which the application for the waiver is based could reasonably subject the Borrower or any ERISA Affiliate to liability in excess of $1,000,000.

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the IRC for a waiver of the minimum funding standards of Section 412(a) of the IRC and the Agent believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $250,000.

Waiver Application. The plan sponsor of any Benefit Plan applies ------------------ under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent believes that the substantial business hardship upon which the application for the waiver is based which would be reasonably likely to subject either a Borrower or any ERISA Affiliate to liability in excess of $5,000,000.

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Code and the substantial business hardship upon which the application for the waiver is based could subject either any GC Party or any ERISA Affiliate to liability which will or is reasonably likely to have a Material Adverse Change.

Waiver Application. In the ordinary course of the business of the Group, the Group deposits its proprietary funds and customers’ funds with Everbright Bank (a connected person of the Company). Reference is made to the prospectus on the global offering of H Shares of the Company dated August 8, 2016, which disclosed the application to the Hong Kong Stock Exchange for a waiver to set a maximum daily deposit limit on the deposits of the Group’s proprietary funds and customers’ funds placed with Everbright Bank (a connected person of the Company) during the application for the listing of H Shares of the Company, and the Hong Kong Stock Exchange has granted the Company a waiver from strict compliance with the maximum daily balance requirements set out in Rule 14A.53 of the Hong Kong Listing Rules. Given such waiver will expire on December 31, 2018, the Company has again applied to the Hong Kong Stock Exchange for a waiver from strict compliance with the maximum daily balance of the deposits as required under Rule 14A.53 of the Hong Kong Listing Rules. The Hong Kong Stock Exchange is yet to grant the Company such a waiver. If the Hong Kong Stock Exchange does not approve the waiver application, the Board of Directors has agreed to ratify, confirm and approve the management of the Company to set a maximum daily deposit limit on the deposits of the Group’s proprietary funds and the customers’ funds placed with Everbright Bank in accordance with the applicable laws and regulations, the Hong Kong Listing Rules, the requirements of the competent regulatory authorities and the actual situation of the Group.

Waiver Application. The Company has applied to the Hong Kong Stock Exchange for a waiver from strict compliance with (i) the independent Shareholders’ approval requirement under Rule 14A.36 of the Listing Rules in respect of the transactions under the Amended and Restated Cooperation Agreement; and (ii) the requirement under Rule 14A.53 of the Listing Rules to set an annual cap expressed in monetary terms for the fees payable by the Company under the Amended and Restated Cooperation Agreement. The Directors consider that it would be unduly burdensome and impracticable if the continuing connected transactions under the Amended and Restated Cooperation Agreement are subject these requirements for the following reasons:

Waiver Application. In view of the Consulting Agreement, we have applied to the Stock Exchange for, and the Stock Exchange [has] granted, a waiver to us under Rule 14A.105 of the Listing Rules from strict compliance with the announcement requirement under Chapter 14A of the Listing Rules in respect of the Consulting Agreement subject however to the following conditions: (1) no change to the Consulting Agreement will be made without the approval of the independent non-executive Directors, (2) our independent non-executive Directors will review the transactions contemplated under the Consulting Agreement on an annual basis and confirm in our annual reports the matters set out in Rule 14A.55 of the Listing Rules, (3) we will re-comply with the announcement, circular and independent Shareholders’ approval requirements under Chapter 14A of the Listing Rules if there is any material change to the terms of the Consulting Agreement, (4) in the event of any future amendments to the Listing Rules imposing more stringent requirements than those as of the date of this document on the above continuing connected transactions, our Company will take immediate steps to ensure compliance with such new requirements, and (5) our Company will comply with other requirements under Chapter 14A of the Listing Rules to the extent not otherwise waived by the Stock Exchange.

Waiver Application. In the ordinary course of the business of the Group, the Group deposits its proprietary funds and customers’ funds with Everbright Bank (a connected person of the Company). Reference is made to the announcement of the Company dated September 17, 2018, which disclosed that the Company has applied for a waiver from the Hong Kong Stock Exchange from setting a maximum daily deposit limit on the deposits of the Group’s proprietary funds and customers’ funds placed with Everbright Bank, and the Hong Kong Stock Exchange has granted us a waiver from strict compliance with the maximum daily balance requirements set out in Rule 14A.53 of the Hong Kong Listing Rules. Given that such waiver will expire on December 31, 2021, the Company has again applied to the Hong Kong Stock Exchange for a waiver from strict compliance with the maximum daily balance of the deposits as required under Rule 14A.53 of the Hong Kong Listing Rules. The Hong Kong Stock Exchange is yet to grant the Company such a waiver. If the Hong Kong Stock Exchange does not approve the waiver application, the Board of Directors has agreed to approve the management of the Company to set a maximum daily deposit limit on the deposits of the Group’s proprietary funds and the customers’ funds placed with Everbright Bank in accordance with the applicable laws and regulations, the Hong Kong Listing Rules, the requirements of the competent regulatory authorities and the actual situation of the Group.