Participation Agreements. Prior to the Effective Date of this Arrangement, the CTO must sign an MDPCP Participation Agreement with CMMI (the “CTO Participation Agreement”). Prior to the Effective Date of this Arrangement, the Practice must sign an MDPCP Participation Agreement with CMMI (the “Practice Participation Agreement”). If either Party does not sign a Participation Agreement with CMMI prior to the Effective Date of this Arrangement, then this Arrangement shall be deemed null ab initio.
Participation Agreements. An agreement for a participating interest (i) may only provide to a Participant voting Rights in respect of any amendment of or approval, consent, or waiver under any Credit Document related to the matters in Section 12.10(c) if it also provides for a voting mechanism that a majority of that selling Lender's Commitment Percentage or Termination Percentage, as the case may be (whether directly held by that selling Lender or participated), controls the vote for that selling Lender, and (ii) may not permit a Participant to assign, pledge, or otherwise transfer its participating interest in the Obligation to any Person, except any Lender or its Affiliates.
Participation Agreements. To the actual knowledge of the Responsible Officers of the Borrower, there is no threatened termination of any participation agreements under any Private Payor Arrangements to which any Credit Party is a party and which termination would reasonably be expected to have a Material Adverse Effect.
Participation Agreements. HIO shall require that all Participants enter into a Participation Agreement or another legally binding agreement to comply with the Terms and Conditions in accordance with Section 2.4.5 (
Participation Agreements. The Administrator shall arrange for the payment by the CBC for value on the relevant due date of all amounts as are required to be paid under each Participation Agreement in accordance with and subject to the terms of the relevant Participation Agreement, this Agreement and the Trust Deed.
Participation Agreements. Fully executed copies of the Participation Agreement.
Participation Agreements. Except as set forth on Schedule 2.12, no member of the Company Group or any Chesapeake Entity is a party to, nor is any member of the Company Group or any Chesapeake Entity or any of the Assets bound by, any Participation Agreement. As used herein, “Participation Agreement” means any Contract, including any area of mutual interest, joint development, participation, or similar agreement, in effect either on the date hereof or on the Closing Date and that grants to any Person a right of first refusal, first offer, participation right or similar preferential right with respect to any of the Assets or any current or future business, opportunity or assets of any member of the Company Group or its current or future Affiliates or their respective direct or indirect equityholders (as a result of such Affiliation or equity holding), including with respect to any gas gathering or processing, or related compression, treating or dehydration services within any “Dedication Area” covered by the New Commercial Agreements (as defined therein).
Participation Agreements. During the Program Term, if in the process of evaluation of a Prospect the data and information lead McMoRan to the good faith determination that because of the large expenditures required, the extraordinary risk involved or other facts deemed relevant by McMoRan, an outside venturer should be obtained in such Prospect, McMoRan shall have the right to undertake to negotiate an agreement with a third party to join in the drilling of the Exploratory Well on the Prospect and thereby acquire a portion of the Exploration Program's interest in such Prospect; provided, however, that if any such agreement would reduce the interest of the Exploration Program by more than fifty percent (50%), McMoRan must obtain the prior approval of Participant. McMoRan shall give notice to Participant of its intention to negotiate an agreement with an outside venturer which would reduce the interest of the Exploration Program by more than fifty percent (50%), stating the time within which the circumstances require an expression of approval or disapproval by the Participant. Failure of Participant to disapprove the proposed negotiation within the stated period of time may be deemed by McMoRan to be approval by Participant. Any agreement with an outside venturer shall be on the basis of the outside venturer paying and bearing not less than the proportionate part of all drilling costs and expenses of the Exploratory Well attributable to the undivided interest transferred to such outside venturer, and the interest in the Prospect transferred to or earned by such outside venturer shall reduce the respective interests of McMoRan and Participant proportionately. Any promotion or other consideration received by McMoRan incident to such agreement with an outside venturer shall be held for the benefit of the Exploration Program and the Participant shall be entitled to participate therein in proportion to its interest in the Prospect.
Participation Agreements. With respect to each Participation Agreement, the Parties shall cause each Participation Agreement to be treated as set forth in Schedule XXIV.
Participation Agreements. The Borrower hereby represents that the CCRC Property is a private pay retirement community and as such, no Property Related Person has entered into any Participation Agreement with respect to the CCRC Property.
