PROVIDED THAT definition

PROVIDED THAT. If the parties elect to utilize the alternative procedure herein provided, namely, the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of the duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

PROVIDED THAT. If the parties elect to utilize the alternative procedure herein provided, namely the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of his/her duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered. The Board of Arbitration shall enter upon its duties within ten (10) days after the appointment of the Chairperson, unless otherwise mutually agreed by the parties, and shall render its decision as soon thereafter as possible. If the dispute is referred to a single arbitrator, he/she shall enter upon the duties undertaken by him/her within ten (10) days after his appointment, unless otherwise mutually agreed by the parties, and shall render his/her decision as soon thereafter as possible. The decision of the Arbitration Board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement. Decisions of the majority of the members of the Arbitration Board (or the decision of the single arbitrator) made under the authority of this Arbitration Clause, shall be final and binding upon the parties to this Collective Agreement and all persons upon whom the Collective Agreement is binding.

PROVIDED THAT the All Cash Option is not exercised:

Examples of PROVIDED THAT in a sentence

THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF, THE STATE OF NEW YORK WITHOUT REGARD TO ITS CHOICE OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW OF NEW YORK), PROVIDED THAT ALL RIGHTS AND OBLIGATIONS OF THE SELLING SHAREHOLDER UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA.
NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
THIS TRUST AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF EACH OF THE SECURITYHOLDERS, THE TRUST AND THE TRUSTEES WITH RESPECT TO THIS TRUST AGREEMENT AND THE TRUST SECURITIES SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF DELAWARE; PROVIDED THAT THE IMMUNITIES AND STANDARD OF CARE OF THE PROPERTY TRUSTEE SHALL BE GOVERNED BY NEW YORK LAW.
THE PARTY MAKING SUCH REQUEST SHALL HAVE THE OBLIGATION TO ARRANGE FOR AND PAY THE COSTS OF THE COURT REPORTER, PROVIDED THAT SUCH COSTS, ALONG WITH THE REFEREE’S FEES, SHALL ULTIMATELY BE BORNE BY THE PARTY WHO DOES NOT PREVAIL, AS DETERMINED BY THE REFEREE.
THIS NOTE AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION; PROVIDED THAT SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW SHALL APPLY.

More Definitions of PROVIDED THAT

PROVIDED THAT disability" shall mean Employee's inability to perform Employee's essential job responsibilities with or without reasonable accommodation. Due to the critical importance of this position to the Company, it is agreed that it would be an undue hardship for the Employee to be on a medical leave of absence for a period exceeding 180 consecutive days or 180 days in the aggregate in any 12-month period.

PROVIDED THAT. Sub-Subtenant has not defaulted in the payment of base rent or in any other of its obligations under this Sub-Sublease beyond applicable notice and cure periods, the Security Deposit shall be applied to the rent due for the last four (4) months of the Term, subject to the terms specified in Paragraph 6 below.

PROVIDED THAT. Total Indebtedness' shall not include (i) the Capital Securities or (ii) Indebtedness of the Borrower or any Restricted Subsidiary incurred in connection with any Securitization in amounts permitted by Section 6.01(x)."

PROVIDED THAT. Calendar Year" for the purpose of this Agreement shall mean the twelve month period from January 1st to December inclusive.

PROVIDED THAT. Consolidated Interest Expense" shall not (i) include any interest expense accrued and not paid or payable in cash in respect of Non-Cash-Pay Indebtedness or (ii) reflect any gains or losses attributable to the unwinding of interest rate swaps associated with the prepayment of associated Senior Term Loans.".

PROVIDED THAT the Interest Rate shall mean the rate of two and one-half percent (2.50%) per annum in excess of the Prime Rate as to Prime Rate Loans and the rate of five percent (5%) per annum in excess of the Adjusted Eurodollar Rate as to Eurodollar Rate Loans, at Lender's option, without notice, (a) for the period on and after the date of termination or non-renewal hereof, or the date of the occurrence of any Event of Default or event which with notice or passage of time or both would constitute an Event of Default, and for so long as such Event of Default or other event is continuing as determined by Lender and until such time as all Obligations are indefeasibly paid in full (notwithstanding entry of any judgment against Borrower) and (b) on the Revolving Loans at any time outstanding in excess of the amounts available to Borrower under Section 2 (whether or not such excess(es), arise or are made with or without Lender's knowledge or consent and whether made before or after an Event of Default). AND PROVIDED FURTHER THAT, only the first $5,000,000 of total combined Obligations shall be entitled to a Reduced Rate, so that, if, for example, $5,000,000 of outstanding Obligations was bearing interest at the Eurodollar Reduced Rate, then all other outstanding Obligations bearing interest at a rate based on the Prime Rate would bear interest at the Regular Prime Rate, and vice versa.

PROVIDED THAT. Extraordinary Receipts" shall not -------- include cash received by the Parent or any of its Subsidiaries (y) amounting to less than $10,000 per receipt, without limitation as to aggregate amount, or (z) amounting to $10,000 or more per receipt and less than $50,000 per receipt, up to an aggregate exclusion under this clause (z) of $1,000,000 for all such receipts per Fiscal Year."

Filter & Search

Related Definitions