Covered Entities. No Loan Party is a Covered Entity.
Covered Entities. The Borrower is not a Covered Entity.
Covered Entities. No Loan Party is a Covered Entity. 5.24
Covered Entities. No Loan Party is a Covered Entity. ARTICLE VI. AFFIRMATIVE COVENANTS So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, Limited shall, and shall (except in the case of the covenants set forth in Sections 6.01, 6.02, and 6.03) cause each Subsidiary to: 6.01
Covered Entities. 50 ARTICLE VI
Covered Entities. No Borrower is a Covered Entity.
Covered Entities. For each Study, the Institution and the applicable Principal Investigator each represent, certify and covenant that they may be or have affiliates that are “Covered Entities” under the provisions of the Health Insurance Portability and Accountability Act of 1996 and any regulations and official guidance promulgated thereunder (“HIPAA”). Institution and the Principal Investigator shall handle all Study Documentation (including Subjects’ medical records) in accordance with all applicable HIPAA requirements and all other Applicable Laws and shall ensure that they obtain from each Subject a valid authorization that complies with HIPAA and is, in form and substance, acceptable to SPONSOR, in order for the Institution and the Principal Investigator to provide SPONSOR with the Study Documentation and to satisfy their other obligations under this Agreement with respect to the Study Documentation.
Covered Entities. No Loan Party is a Covered Entity. (kk) (Reserved). (ll) EEA Financial Institution. No Loan Party is an EEA Financial Institution.
Covered Entities. The Corporation's objectives which will determine the accelerated vesting of the Option will be based upon the consolidated results of the Corporation and each of its affiliates that are operating the Southwest Business Unit and marketing assets of the Southeast Business Unit acquired from FINA Oil and Chemical Company (the "Alon USA Group"). Financial Performance. The Option as to 303.3 shares of Common Stock will vest on an accelerated basis with respect to each fiscal year of the Corporation (the "Annual Vesting Amount") (prorated for the number of whole months in any partial fiscal year) commencing with August 1, 2000 and ending July 31, 2006 (a total of 1819.8 shares) to the extent that the Actual Cash Flow of the Alon USA Group for such fiscal year exceeds the Annual Target Amount for that fiscal year: Minimum Target Amount (millions) Annual Target Amount Annual Plan Year Ending (Actual debt service (millions) (85% of Amount December 31, required) Annual Plan) (millions) ----------------- -------------------- -------------------- ----------- 2000 $2.8 $ 5.78 $ 6.8 2001 6.7 14.36 16.9 2002 7.8 15.56 18.3 2003 9.3 17.08 20.1 2004 9.3 18.62 21.9 2005 9.3 20.23 23.8 2006 (for 7 mos.) 9.3 12.50 14.7 Acceleration of vesting will be effective as of the last day of each year. To the extent that any Annual Vesting Amount is not accelerated because the Annual Target Amount has not been met for that year (a "Missed Year"), vesting of that amount may be accelerated in the next succeeding year if, as of the end of the next succeeding year, the total amount of Actual Cash Flow of the Corporation for the Missed Year plus the next succeeding year exceeds the sum of the Annual Plan Amounts for the Missed Year and the next succeeding year, provided that if the Actual Cash Flow for any year is less than the Minimum Target Amount, then the Annual Vesting Amount for that year will lapse and will not be available for future vesting pursuant to this Agreement. Any Annual Vesting amount for a Missed Year that does not vest in the next succeeding year as provided above will lapse and will not be available for future vesting pursuant to this Agreement unless the Board of Directors of the Corporation, in its sole discretion, makes other provision
