Acceleration and Extension Sample Clauses

Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) or (iii) on account of death or Disability, then each stock option and other equity award granted on or after July 21, 2003 shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2), all of the options or other equity awards described in the preceding sentence shall immediately be fully vested. To the extent that the equity awards described in this Section 3.3.2 are stock options and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive’s employment as described in clauses (i), (ii), or (iii) of this Section 3.3.2 or any termination of the Executive’s employment following a Change of Control or a Corporate Transaction (or such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original terms. Each of the Executive’s stock options granted prior to July 21, 2003 shall be amended to add the foregoing acceleration of vesting and extension of exercise period provisions at such time, if any, that the Company’s Board of Directors determines, in its sole discretion, that such amendments and the related accounting charges would not adversely affect, when relevant, in any way, the Company’s condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.
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Acceleration and Extension. Each outstanding equity award, including, without limitation, each stock option, restricted stock unit and restricted stock award, held by Executive shall automatically become vested and, if applicable, exercisable and any forfeiture restrictions or rights of repurchase thereon shall immediately lapse. In addition, the post-termination exercise period of each outstanding stock option shall be extended to provide that such stock option shall remain exercisable and outstanding until the earlier of (i) the first anniversary of Executive’s termination of employment or (ii) the original expiration date of such stock option. In all other respects the equity awards shall continue to be bound by and subject to the terms of their respective agreements.
Sample 1Sample 2
Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) or (iii) on account of death or Disability, then each stock option and other equity award granted on or after July 21, 2003 shall thereupon vest as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2), all of the options or other equity awards described in the preceding sentence shall immediately vest in full. To the extent that the equity awards described in this Section 3.3.2 are stock options that have vested in accordance with their normal vesting terms or that otherwise vest on an accelerated basis in accordance with this Section 3.3.2, the period for which such stock options shall remain exercisable for the vested option shares shall be extended until a date at least one year and ninety (90) days after the termination of the Executive’s employment under the circumstance described in clauses (i), (ii) or (iii) of this Section 3.3.2 or the termination of the Executive’s employment under any circumstances following a Change of Control or a Corporate Transaction (or until such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original ten-year (or shorter) maximum terms. Each of the Executive’s stock options granted prior to July 21, 2003 shall be amended to add the foregoing extended exercise provisions at such time, if any, that the Compensation Committee determines, in its sole discretion, that such amendment and the related accounting charges would not in any way adversely affect, when relevant, the Company’s condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.
Sample 1
Acceleration and Extension. Notwithstanding this Section or the terms of an Award Notice, the Committee may: (i) accelerate the vesting and exercisability of a stock option or SAR in order to allow its exercise by the estate or beneficiary of a deceased Participant or by the disabled, retired or terminated Participant; and (ii) extend the period for exercise of a stock option or SAR, provided such extension does not exceed the term of such stock option or SAR.
Sample 1
Acceleration and Extension. Notwithstanding Section 3.3.1, upon a termination of the Executive's employment (i) pursuant to Section 6.2 or (ii) on account of his death or Disability, then each of the Executive's outstanding stock options or other equity awards which are not otherwise at that time vested shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). To the extent that the equity awards described in this Section 3.3.2 are stock options which were granted to Executive on or after July 21, 2003 and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive's employment as described in clauses (i) or (ii) of this Section 3.3.2 (or such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original terms. Each option granted to Executive prior to July 21, 2003 shall, to the extent each such option has become vested by its terms or becomes vested as described herein at the time of the Executive's termination of employment under Section 6.2, remain exercisable until the earlier of (i) the last day of the post-employment exercise period set forth in the stock option agreement applicable to that option or (ii) the expiration date of the maximum option term.
Sample 1
Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) prior to a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) prior to a Change of Control or a Corporate Transaction or (iii) on account of death or Disability, then each stock option or other equity award granted to Executive shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control or a Corporate Transaction, and within one (1) year following such Change of Control or Corporate Transaction, either the Executive terminates his employment with the Company with Good Reason or the Company terminates his employment for any reason other than for Cause, all of the options or other equity awards described in the preceding sentence shall immediately be fully vested. To the extent that the equity awards described in this Section 3.3.2 are stock options and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive’s employment as described in clauses (i), (ii), or (iii) of this Section 3.3.2 or the termination of the Executive’s employment following a Change of Control or a Corporate Transaction (or such later date as may be specified in the award agreement) as described in the preceding sentence, but in no event will such options be exercisable after the expiration of their original terms. Each of the Executive’s stock options granted prior to the date hereof shall be amended, if necessary, to add the foregoing acceleration of vesting and extension of exercise period provisions at such time, if any, that the Company’s Board of Directors determines, in its sole discretion, that such amendments and the related accounting charges would not adversely affect, when relevant, in any way, the Company’s condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.
Sample 1

Related to Acceleration and Extension

  • Acceleration of Obligations Declare all Obligations, whether evidenced by this Agreement, by any of the other Loan Documents, or otherwise, including (i) any accrued and unpaid interest, (ii) the amounts which would have otherwise come due under Section 2.3(b)(ii) if the Loans had been voluntarily prepaid, (iii) the unpaid principal balance of the Loans and (iv) all other sums, if any, that shall have become due and payable hereunder, immediately due and payable (provided that upon the occurrence of an Event of Default described in Section 8.12 or 8.13 all Obligations shall become immediately due and payable without any action by Lender);

  • Acceleration and Remedies Upon the acceleration of the obligations under the Credit Agreement pursuant to Section 8.1 thereof, the Obligations and, to the extent provided for under the Rate Management Transactions evidencing the same, the Rate Management Obligations, shall immediately become due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and the Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies:

  • Acceleration; Rescission and Annulment If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(h) or Section 6.01(i) with respect to the Company), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(h) or Section 6.01(i) with respect to the Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be immediately due and payable. The immediately preceding paragraph, however, is subject to the conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or shall deposit with the Trustee a sum sufficient to pay installments of accrued and unpaid interest upon all Notes and the principal of any and all Notes that shall have become due otherwise than by acceleration (with interest on overdue installments of accrued and unpaid interest, and on such principal at the rate borne by the Notes at such time) and amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes that shall have become due solely by such acceleration, shall have been cured or waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes.

  • Acceleration, Etc Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) or 10.1(f), the Loan shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateral.

  • Events of Default Acceleration Etc 78 §12.1 Events of Default and Acceleration. 78 §12.2 Limitation of Cure Periods. 81 §12.3 [RESERVED]. 81 §12.4 Remedies. 81 §12.5 Distribution of Collateral Proceeds. 81 §13. SETOFF 82 §13.1 Setoff. 82 §13.2 Sharing of Payments by Lenders. 83 §14. THE AGENT 84 §14.1 Authorization. 84 §14.2 Employees and Agents. 84 §14.3 No Liability. 84 §14.4 No Representations. 85 §14.5 Payments. 86 §14.6 Holders of Notes. 88 §14.7 Indemnity. 88 §14.8 Agent as Lender. 89 §14.9 Resignation. 89 §14.10 Duties in the Case of Enforcement. 90 §14.11 Request for Agent Action. 90 §14.12 Removal of Agent. 90 §14.13 Bankruptcy. 91 §15. EXPENSES 91 §16. INDEMNIFICATION 92 §17. SURVIVAL OF COVENANTS, ETC. 93 §18. ASSIGNMENT AND PARTICIPATION 93 §18.1 Conditions to Assignment by Lenders. 93 §18.2 Register. 95 §18.3 New Notes. 95 §18.4 Participations. 96 §18.5 Pledge by Lender. 96 §18.6 No Assignment by Borrower. 96 §18.7 Cooperation; Disclosure. 96 §18.8 Mandatory Assignment. 97 §18.9 Co-Agents. 98 §18.10 Treatment of Certain Information; Confidentiality. 98 §19. NOTICES 98 §20. RELATIONSHIP 000 §00. GOVERNING LAW; CONSENT TO JURISDICTION AND SERVICE 100 §22. HEADINGS 000 §00. COUNTERPARTS; INTEGRATION; EFFECTIVENESS; ELECTRONIC COMPOSITIONS 101 §24. ENTIRE AGREEMENT, ETC. 000 §00. WAIVER OF JURY TRIAL AND CERTAIN DAMAGE CLAIMS 000 §00. DEALINGS WITH THE BORROWER 103 §27. CONSENTS, AMENDMENTS, WAIVERS, ETC. 000 §00. SEVERABILITY 105 §29. NO UNWRITTEN AGREEMENTS 000 §00. ACKNOWLEDGMENT OF INDEMNITY OBLIGATIONS 000 §00. REPLACEMENT OF NOTES 000 §00. TIME IS OF THE ESSENCE 000 §00. RIGHTS OF THIRD PARTIES 000 §00. GUARANTY 106 §34.1 The Guaranty. 106 §34.2 Obligations Unconditional. 106 §34.3 Reinstatement. 107 §34.4 Certain Waivers. 108 §34.5 Remedies. 108 §34.6 Rights of Contribution. 109 §34.7 Guaranty of Payment; Continuing Guaranty. 109 §34.8 Special Provisions Applicable to Guarantors. 109 EXHIBITS AND SCHEDULES Exhibit A Form of Revolving Note Exhibit A-1 Form of Swing Line Note Exhibit B Form of Compliance Certificate Exhibit C Form of Assignment and Assumption Agreement Exhibit D Form of Request for Revolving Loan Exhibit D-1 Form of Request for Swing Line Loan Exhibit E Form of Borrowing Base Certificate Exhibit F Patriot Act and OFAC Transferee and Assignee Identifying Information Form Exhibit G Joinder Agreement (Guarantor) Exhibit H-1 Form of U.S. Tax Compliance Certificate Exhibit H-2 Form of U.S. Tax Compliance Certificate Exhibit H-3 Form of U.S. Tax Compliance Certificate Exhibit H-4 Form of U.S. Tax Compliance Certificate Schedule 1.1 Lenders and Commitments Schedule 6.1(b) Subsidiaries Schedule 6.7 Litigation Schedule 6.10 Tax Audits Schedule 6.15 Transactions with Affiliates Schedule 6.20(f) Unresolved Real Estate Claims or Disputes Schedule 6.20(g) Material Real Estate Agreements REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT (this "Agreement") is made the 26th day of September, 2014, by and among CORENERGY INFRASTRUCTURE TRUST, INC., a Maryland corporation, as borrower ("Borrower"), having its principal place of business at 0000 Xxxxxx, Xxxxx 0000, Xxxxxx Xxxx, Xxxxxxxx 00000, each of the parties now or hereafter signatory hereto as guarantors (collectively "Guarantors"), REGIONS BANK, a national banking association ("Regions"), with the other lending institutions that are or may become parties hereto pursuant to §18 as lenders ("Lenders"), REGIONS BANK, as administrative agent ("Agent") for itself and the other Lenders, REGIONS BANK, as Swing Line Lender, and REGIONS BANK, as LC Issuer.

  • Events of Default; Acceleration If any of the following events ("Events of Default") shall occur:

  • Events of Acceleration The occurrence of any of the following shall constitute an "Event of Acceleration" by the Lender under this Note:

  • Acceleration of Maturity; Rescission and Annulment If an Event of Default with respect to Securities of any series at the time Outstanding occurs and is continuing, then in every such case the Trustee or the Holders of not less than 25% in principal amount of the Outstanding Securities of that series may declare the principal amount (or, if any of the Securities of that series are Original Issue Discount Securities, such portion of the principal amount of such Securities as may be specified in the terms thereof) of all of the Securities of that series to be due and payable immediately, by a notice in writing to the Company (and to the Trustee if given by Holders), and upon any such declaration such principal amount (or specified amount) shall become immediately due and payable. At any time after such a declaration of acceleration with respect to Securities of any series has been made and before a judgment or decree for payment of the money due has been obtained by the Trustee as hereinafter in this Article provided, the Holders of a majority in principal amount of the Outstanding Securities of that series, by written notice to the Company and the Trustee, may rescind and annul such declaration and its consequences if

  • Acceleration of Maturity If an Event of Default shall have occurred and be continuing, then the entire Secured Obligations secured hereby shall, at the option of Agent and as permitted by the terms of the Credit Agreement, immediately become due and payable without notice or demand except as required by law, time being of the essence of this Instrument.

  • Acceleration Waivers Amendments and Remedies 8.1. Acceleration;

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