Standback Sample Clauses

Standback. Subject to the terms and conditions of this Agreement, --------- Snowball will identify X:drive as Snowball's "exclusive file hosting and file management provider" (or other identification as agreed to by the parties) on each Snowball Site. Snowball will not, during the term of this Agreement, enter into any agreement with respect to any of the sites described on Exhibit E --------- (each, a "X:drive Competitor") to promote such X:drive Competitor as a Snowball recommended provider of Web-based file hosting and file management services or to establish a promotional program for Snowball Affiliates similar to the X:drive Program. Exhibit E may be augmented during the term of this Agreement --------- by mutual agreement of the parties. Notwithstanding the foregoing, Snowball will be free to display advertisements (including links) on the Snowball Network that promote other companies that provide services similar to the X:drive Service and to include such advertisements in emails or newsletters distributed by Snowball.
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Standback. The Purchaser shall not prepay, or voluntarily or optionally redeem, repurchase, defease or acquire or retire for value, any Subordinated Indebtedness unless the Senior Note Indebtedness has been paid in full. The Purchaser shall not make any payment or prepayment in respect of Subordinated Indebtedness, if, at the time or immediately after giving effect to the payment of such amount, there shall exist a default or an event of default with respect to any Senior Note Indebtedness or in the instrument or instruments under which the same is outstanding, permitting (or which will, with the passage of time or notice or both, permit) the holder or holders thereof (or any representative or agent on behalf of such holder or holders) to accelerate the maturity or demand immediate payment thereof (a “Senior Note Default”). The holder or holders of Subordinated Indebtedness shall not accept, ask for, or demand any payment in respect of Subordinated Indebtedness if such holder or holders are aware that, at the time or after immediately giving effect to the payment of such amount, there shall exist a Senior Note Default, unless and until all Senior Note Indebtedness is paid in full or such Senior Note Default shall have been cured or waived by the holders of the Senior Note Indebtedness or the benefits of this sentence shall have been waived by or on behalf of, and at the sole option of, the holders of the Senior Note Indebtedness. Notwithstanding the foregoing, the suspension of payments described in the preceding sentence shall terminate, and the Purchaser shall be obligated to make all payments of interest on this Note (including any payments not made by virtue of such suspension), if the holders of the Senior Note Indebtedness have not, on or prior to the 180th day after the occurrence of the Senior Note Default, declared all unpaid principal and interest on such Senior Note Indebtedness to be immediately due and payable, unless such Senior Note Default shall have been cured or waived or otherwise ceases to exist pursuant to the terms of such Senior Note Indebtedness. The Holder agrees that so long as payments or distributions for or on account of the Subordinated Indebtedness are not permitted pursuant to this Section 6, the holders of Subordinated Indebtedness shall not, without the prior written consent of holders of Senior Note Indebtedness sufficient to bind all holders of Senior Note Indebtedness, commence, or join with any other creditor in commencing, any p...
Sample 1
Standback. The Holder agrees not to exercise any rights against the Collateral which it would otherwise be entitled to exercise hereunder or pursuant to the Security Agreement upon an Event of Default if at such time there shall exist a Senior Note Default, unless and until all Senior Note Indebtedness has been paid in full or such Senior Note Default shall have been cured or waived by the holders of Senior Note Indebtedness or the benefits of this sentence have been waived by or on behalf of, and at the sole option of, the holders of Senior Note Indebtedness. Notwithstanding the foregoing, the suspension of the right to exercise such rights against the Collateral shall terminate, and the Holder may exercise such rights, if the holders of the Senior Note Indebtedness have not, on or prior to the 180th day after the occurrence of the Senior Note Default, declared all unpaid principal and interest on the Senior Note Indebtedness to be immediately due and payable, unless such Senior Note Default shall have been cured or waived or otherwise ceases to exist pursuant to the terms of the Senior Note Indebtedness.
Sample 1
Standback. Each Holder hereby agrees that it shall not sell or otherwise transfer or dispose of any Registrable Securities or any other securities of the Company for the period of time specified by an underwriter of securities of the Company (other than to donees who agree to be similarly bound) not to exceed one hundred eighty (180) days after the effective date of any future registration statement filed by the Company in connection with any underwritten public offering of the Company's Common Stock. In order to enforce the foregoing covenant, the Company may impose legends and stock transfer instructions with respect to the Registrable Securities held by each Holder, and so the shares or securities of every other person subject to the foregoing restriction, until the end of such period.
Sample 1
Standback. If there shall exist a default (payment or otherwise) with respect to any Senior Indebtedness or in the instrument or instruments under which the same is outstanding, permitting (or which will, with the passage of time or notice or both, permit) the holder or holders thereof (or any representative on behalf of such holder or holders) to accelerate the maturity or demand immediate payment thereof (a "SENIOR DEFAULT"), then the holder or holders of Subordinated Indebtedness shall not accept, ask, demand or sue xxx any payment in respect of Subordinated Indebtedness for a period of 180 days after the date of such Senior Default (each such period, a "STANDSTILL PERIOD"), if the holder or holders are aware that, at the time or after immediately giving effect to the payment of such amount, there shall exist a Senior Default, unless and until all Senior Indebtedness is paid in full or such Senior Default shall have been cured or waived by the holder or holders of the Senior Indebtedness. As long as any Senior Indebtedness is outstanding during a Standstill Period, the holder or holders of Subordinated Indebtedness shall not, without the prior written consent of holder or holders of Senior Indebtedness sufficient to bind all holders of Senior Indebtedness, commence, or join with any other creditor in commencing any proceeding referred to in clause (v) of the definition of Event of Default. The holders of Senior Indebtedness may not implement a Standstill Period more than once in any 360 day period.
Sample 1
Standback. Cameron Associates hereby agrees that it shall not sell or otherwise transfer or dispose of any Registrable Shares or any other securities of the Company for the period of time specified by an underwriter of securities of the Company (other than to donees who agree to be similarly bound) not to exceed one hundred eighty (180) days after the effective date of any future registration statement filed by the Company in connection with any underwritten public offering of the Company's Common Stock. In order to enforce the foregoing covenant, the Company may impose legends and stock transfer instructions with respect to the Registrable Securities held by Cameron Associates.
Sample 1

Related to Standback

  • Company The term “

  • Company Car Throughout the term of this Agreement, Employee shall be entitled to the exclusive use of a company car of at least the same type and quality as that furnished to Employee as of the date of this Agreement. Employer shall replace such company car from time to time with new vehicles, such that the company car provided to Employee shall at no time be older than two (2) years. All expenses of maintenance, operation and insurance shall be paid by Employer or reimbursed by Employer to Employee.

  • Credit Any grant of credit to any customer or distributor on terms or in amounts more favorable than those which have been extended to such customer or distributor in the past, any other change in the terms of any credit heretofore extended, or any other change of Company's policies or practices with respect to the granting of credit; or

  • Stop Trade An SEC or judicial stop trade order or Principal Market trading suspension that lasts for five or more consecutive trading days.

  • Merchant (i) is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation; (ii) has all requisite corporate power and authority to own, lease and operate its assets and properties and to carry on its business as presently conducted; and (iii) is and during the Sale Term will continue to be, duly authorized and qualified as a foreign corporation to do business and in good standing in each jurisdiction where the nature of its business or properties requires such qualification, including all jurisdictions in which the Stores are located.

  • Company Automobile During the Term, the Company shall provide Executive use of a Company automobile with a lease value of up to One Thousand Five Hundred Dollars and Zero Cents ($1,500.00) per month for Executive’s business or personal use, less any required taxes or withholdings.

  • Use of Book-Entry System for Commercial Paper Provided (i) the Bank has received a certified copy of a resolution of the Board specifically approving participation in a system maintained by the Bank for the holding of commercial paper in book-entry form ("Book-Entry Paper") and (ii) for each year following such approval the Board has received and approved the arrangements, upon receipt of Proper Instructions and upon receipt of confirmation from an Issuer (as defined below) that the Fund has purchased such Issuer's Book-Entry Paper, the Bank shall issue and hold in book-entry form, on behalf of the Fund, commercial paper issued by issuers with whom the Bank has entered into a book-entry agreement (the "Issuers"). In maintaining procedures for Book-Entry Paper, the Bank agrees that:

  • Shareholder Information Services (i) Make information available to shareholder servicing unit and other remote access units regarding trade date, share price, current holdings, yields, and dividend information.

  • Discretionary Investment Management Services The Adviser shall act as investment adviser with respect to each Fund. In such capacity, the Adviser shall, subject to the supervision of the Board, regularly provide each Fund with investment research, advice and supervision and shall furnish continuously an investment program for each Fund, consistent with the respective investment objectives and policies of each Fund. The Adviser shall determine, from time to time, what securities shall be purchased for each Fund, what securities shall be held or sold by each Fund and what portion of each Fund’s assets shall be held uninvested in cash, subject always to the provisions of the Trust’s Agreement and Declaration of Trust (“Declaration of Trust”), as amended and supplemented (the “Declaration of Trust”), Bylaws and its registration statement on Form N-1A (the “Registration Statement”) under the 1940 Act, and under the Securities Act of 1933, as amended (the “1933 Act”), as filed with the Securities and Exchange Commission (the “Commission”), and with the investment objectives, policies and restrictions of each Fund, as each of the same shall be from time to time in effect. To carry out such obligations, and to the extent not prohibited by any of the foregoing, the Adviser shall exercise full discretion and act for each Fund in the same manner and with the same force and effect as each Fund itself might or could do with respect to purchases, sales or other transactions, as well as with respect to all other such things necessary or incidental to the furtherance or conduct of such purchases, sales or other transactions. No reference in this Agreement to the Adviser having full discretionary authority over each Fund’s investments shall in any way limit the right of the Board, in its sole discretion, to establish or revise policies in connection with the management of a Fund’s assets or to otherwise exercise its right to control the overall management of a Fund.

  • Securities Depositories and Book-Entry Systems The Custodian may deposit and/or maintain Securities of the Fund in a Securities Depository or in a Book-Entry System, subject to the following provisions:

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