Addition of Sample Clauses

Addition of. Article Thirteen to the Indenture (Additional Amounts). The Indenture is hereby amended in respect of the Notes and only in respect of the Notes by adding the following thereto:
AutoNDA by SimpleDocs
Addition of. “Bail-In” Contractual Recognition Provision. Article XI of the Credit Agreement by adding a new Section 11.24 immediately after existing Section 11.23 of such article to read in full as follows:
Addition of. SECTION 10.2(e). The Note Agreement is hereby amended by adding new section 10.2(e) immediately following section 10.2(d) thereof:
Addition of. A NEW SUBSECTION 3.1(A-1) TO THE LOAN AGREEMENT. A new SUBSECTION 3.1(A- 1), INTEREST RATE REDUCTION is hereby added to the Loan Agreement, to read in its entirety as follows: "(A-1)INTEREST RATE REDUCTION. So long as no Default or Event of Default has occurred and is continuing, in the event that the ratio of (i) the Consolidated net earnings before provision for income taxes and interest expense, and excluding any non-cash charges associated with the reorganization of Borrower's facilities ("READJUSTED EBIT") of Parent and its Subsidiaries for the calendar year ending December 31, 1997, to (ii) the Consolidated pro forma interest expense of Parent and its Subsidiaries for such calendar year and prepared on the same pro forma basis, is equal to or greater than 1.4 to 1.0, as reflected in pro forma Consolidated financial statements of Parent and its Subsidiaries prepared by Parent and verified by Agent's auditors, and approved by Agent, which approval shall not be unreasonably withheld, then the Applicable Annual Rate as to Eurodollar Revolving Credit Loans shall be reduced to the rate per annum equal to one and one-half percent (1.50%) above the Eurodollar Base Rate for the Eurodollar Interest Period applicable thereto. Readjusted EBIT and the calculation of interest expense shall be prepared on a pro forma basis consistent with the calculation of Adjusted EBITDA (other than calculations made to add back depreciation and amortization in connection with the calculation of EBITDA) as reflected in the supplemental financial data included in footnote (9) to the pro forma combined statement of operations of Parent, its Consolidated Subsidiaries (including Brazos), Plymouth, Sun Sportswear, Morning Sun and Premier included at page 29 in the Offering Memorandum dated June 26, 1997, which was prepared by Parent in connection with the offer and sale of the Parent Senior Notes. A copy of such Offering Memorandum has been previously provided to each of the Lenders. Notwithstanding anything herein to the contrary, the calculation of Readjusted EBIT shall only include cost reductions that have been actually implemented and are verifiable. The calculation of Readjusted EBIT will not include any pro forma adjustment for the results of operations of Crable prior to the closing of the Crable Asset Acquisition. Thx xxxxulation of pro forma interest xxxxxse will not include any adjustment related to the period prior to such for debt incurred in connection with the Crable As...
Addition of. New Section 5(g). There are two Sections S(f) in the Agreemenl The first Section 5(f) related to Volume Rebate is deleted in its enUrety and replaced with the followin.9 new Sect{on 5(g): "(gl Provided tllat no event has occ;urre(I Which would allow Bank to terminate tills Agreement under Section 15(b), Bank will pay to Retailer: 2.4 Agreement; Adi:Utlon of Section 5(h). The following new S�ction �(h) is hereby added to the "{h) [***] "Marketing Fund" means a recol1! maintained by Bank that is used to. fu,nd the mutually agreed· upon cqsts and expenses of implemenUn.9 the mutually agreed upon marketing plans fc;,r thl;l Program, Including agreed upon costs incurred by Bank and Retailer. Bank will reimburse Retailer for mutually .agr�ed u·p on, out of pocket, marketing e�penses witbin 30 days of receipt ofan invoice meeting Bank's reasonable requirements. Exceptfor the right to require Bank to rnake payments from such fund frc,m time to time in accordance with thls Agreemen� Xxxx xxxx shall have no right, title or interest in or to.the .Marketing F ufid or In ·or to any amounts which have been alocated �hereto. hly amounts previously allocated to the Ma•ketinQ. Fund but not _used ·as of [***]. 2.5· folfowing: Amendment to Section 15(a). Section 15(a) Is hereby deleted an� replace� with the "(a) This Agreement shall co.mmence upon the execution of this Agreement and shall continue until ancHncludlng March 31, 2023 and shall a1,.1tomatically renew for additlonal one (1) year t�mls each ending on March 31 of the fQllowing Y!!ar {each such period, a "Temt), unless either party shal] give written notice lo the qther party of its Intention to terminate the Program at least one hundred and eighiy (180) days pflor to ttie end of the scheduled expiration of such Term." 2.6 Amendment to Section 18( g). Tt:ie following new Seption 1 S(g)(vii) I& hereby added to the Agreement: •(vii} Tax· Refunds ot Deductions. Retailer will cooperate with Bank's attempt to recover. sales taxes in accordance with Scnedule 1 S(g)." DWT 23750635v2 0050741-000568. [***]
Addition of a New Section 6.9:
Addition of. SECTION 10.1.13 (EXCESS PAYMENT TO PBGC). A new Section 10.1.13 is added to read as follows:
AutoNDA by SimpleDocs
Addition of. SECTION 6.10
Addition of. “A” bases to the 3’ end of DNA fragments For the adenylation of the 3’ end of the DNA fragments, the SureSelect Library Prep Kit GA was used. A reaction mix for 5 samples was prepared on ice as per protocol (Table 8). The mix was vortexed for a few seconds. 20 μl of the reaction mix and 30 μl of each DNA sample were added to each individual well of a PCR strip tube. The mix was mixed by pipetting and incubated in a thermal cycler for 30 minutes at 37 oC. Reagent Volume for each library DNA sample 30 μl Nuclease-free water 11 μl 10X Klenow Polymerase Buffer 5 μl dATP 1 μl Exo(-) Klenow 3 μl Total volume 50 μl Table 8: Adenylation of 3’ end of DNA fragments per sample

Related to Addition of

  • ALTERATIONS AND ADDITIONS The Tenant shall make no alterations or improvements to the wall or other portions of the Premises, including but not limited to, the construction of additional walls or the moving of walls, during the term of this Lease without first obtaining the written consent of the Landlord. Unless the Landlord shall otherwise agree, Tenant shall be solely responsible for all costs and expenses for all such alterations and improvements. In addition, Landlord shall have the right, in its sole discretion, to require the Tenant to fund an interest bearing escrow account to be used to reinstate and/or restore the Premises upon termination of this Lease. Any funds not used for such purpose shall be refunded to Tenant within a reasonable time after termination of the Lease; subject, however, to any other rights of Landlord in or to such funds provided by law. Tenant may use Landlord’s or its own contractors and subcontractors to perform the work requested provided all such workmen have been approved in advance by Landlord. The parties hereto agree that Landlord shall have complete control over all aspects of such alterations and improvements. Tenant shall indemnify and hold Landlord harmless for any claim or damages arising in connection with or related to such alterations and improvements as provided in Section 13. Any alterations or improvements made by the Tenant, or on behalf of Tenant, shall become the property of the Landlord at the termination of the Lease without cost to the Landlord unless the Landlord in its sole discretion directs the Tenant to remove such alterations and improvements from the Premises, in which event the Tenant shall remove such alterations, improvements and additions and restore the Premises to the same order and condition in which it was at the commencement of this Lease at the Tenant’s sole cost and expense. Should the Tenant fail to do so the Landlord may do so and collect, at its option, all costs and expenses thereof in excess of any funds escrowed for such purpose as additional rent. The Tenant shall pay all sums due and payable as a result of all alterations made to the Premises within ten (10) days from the date of a notice of xxxx for the same from the Landlord.

  • Additions and Alterations 12 ARTICLE 9

  • ALTERATIONS - ADDITIONS The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural alterations provided the LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in quality at least equal to the present construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein.

  • Alterations, Modifications and Additions The Owner shall, or shall cause a Permitted Lessee to, make (or cause to be made) alterations and modifications in and additions to the Aircraft, Airframe and each Engine as may be required to be made from time to time to meet the applicable standards of the FAA or other Aviation Authority having jurisdiction over the operation of the Aircraft, to the extent made mandatory in respect of the Aircraft (a “Mandatory Modification”); except for (i) immaterial and non-recurring violations with respect to which corrective measures are being taken promptly by Owner or a Permitted Lessee and (ii) any law, rule, regulation or order the validity or application of which is being contested in good faith by the Owner or any Permitted Lessee in any reasonable manner which does not materially adversely affect the Indenture Trustee’s interest in the Aircraft, does not impair the Indenture Trustee’s security interest or International Interest in the Aircraft and does not involve any material risk of sale, forfeiture or loss of the Aircraft or the interest of the Indenture Trustee therein or any material risk of material civil penalty or any material risk of criminal liability being imposed on the Indenture Trustee or the holder of any Equipment Note. In addition, the Owner, at its own expense, may, or may permit a Permitted Lessee at its own cost and expense to, from time to time make or cause to be made such alterations and modifications in and additions to the Airframe or any Engine (each an “Optional Modification”) as the Owner or such Permitted Lessee may deem desirable in the proper conduct of its business including, without limitation, removal of Parts which the Owner deems are obsolete or no longer suitable or appropriate for use in the Aircraft, Airframe or such Engine; provided, however, that no such Optional Modification shall (i) materially diminish the fair market value, utility, or useful life of the Aircraft or any Engine below its fair market value, utility or useful life immediately prior to such Optional Modification (assuming the Aircraft or such Engine was in the condition required by this Trust Indenture immediately prior to such Optional Modification) or (ii) cause the Aircraft to cease to have the applicable standard certificate of airworthiness except that such certificate of airworthiness temporarily may be replaced by an experimental certificate during the process of implementing and testing such Optional Modification and securing related FAA re-certification of the Aircraft. For the avoidance of doubt, Owner may make alterations in the passenger configuration of the Aircraft and such alterations shall not constitute an Optional Modification. All Parts incorporated or installed in or attached to any Airframe or any Engine as the result of any alteration, modification or addition effected by the Owner shall be free and clear of any Liens except Permitted Liens and become subject to the Lien of this Trust Indenture; provided that the Owner or any Permitted Lessee may, at any time so long as the Airframe or any Engine is subject to the Lien of this Trust Indenture, remove any such Part (such Part being referred to herein as a “Removable Part”) from such Airframe or an Engine if (i) such Part is in addition to, and not in replacement of or in substitution for, any Part originally incorporated or installed in or attached to such Airframe or any Engine at the time of delivery thereof hereunder or any Part in replacement of, or in substitution for, any such original Part, (ii) such Part is not required to be incorporated or installed in or attached or added to such Airframe or any Engine pursuant to the terms of Section 4.02(d) or the first sentence of this Section 4.04(d) and (iii) such Part can be removed from such Airframe or any Engine without materially diminishing the fair market value, utility or remaining useful life which such Airframe or any Engine would have had at the time of removal had such removal not been effected by the Owner, assuming the Aircraft was otherwise maintained in the condition required by this Trust Indenture and such Removable Part had not been incorporated or installed in or attached to the Aircraft, Airframe or such Engine. Upon the removal by the Owner of any such Part as above provided in this Section 4.04(d), title thereto shall, without further act, be free and clear of all rights of the Indenture Trustee and such Part shall no longer be deemed a Part hereunder. Removable Parts may be leased from or financed by third parties other than the Indenture Trustee. Notwithstanding any other provision of this Indenture, Owner may, at any time, install or permit to be installed in the Aircraft Passenger Convenience Equipment owned by Owner or any Permitted Lessee or by third parties and leased or otherwise furnished to Owner in the ordinary course of business (including pursuant to a conditional sale contract, a licence or otherwise), and Owner may remove (and not replace) or permit to be removed (and not replaced) the same, and Indenture Trustee shall not acquire a Lien thereon by virtue of such installation or otherwise, and the rights of the owners therein shall not constitute a default under this Trust Indenture, it being acknowledged and agreed, however, that in no event shall the installation of any such Passenger Convenience Equipment impair or otherwise affect the rights and remedies of the Indenture Trustee hereunder and under applicable law.

  • MAINTENANCE AND INSPECTION OF COLLATERAL Grantor shall maintain all tangible Collateral in good condition and repair. Grantor will not commit or permit damage to or destruction of the Collateral or any part of the Collateral. Lender and its designated representatives and agents shall have the right at all reasonable times to examine, inspect, and audit the Collateral wherever located. Grantor shall immediately notify Lender of all cases involving the return, rejection, repossession, loss or damage of or to any Collateral; of any request for credit or adjustment or of any other dispute arising with respect to the Collateral; and generally of all happenings and events affecting the Collateral or the value or the amount of the Collateral.

  • CHANGES AND ADDITIONS BY LANDLORD Landlord reserves the right to make alterations or additions to the Building or the Project, or to the attendant fixtures, equipment and Common Areas. Landlord may at any time relocate or remove any of the various buildings, parking areas, and other Common Areas, and may add buildings and areas to the Project from time to time. No change shall entitle Tenant to any abatement of rent or other claim against Landlord, provided that the change does not deprive Tenant of reasonable access to or use of the Premises.

  • Allocation of Charges There is not any agreement or understanding between the Servicer and the Borrower (other than as expressly set forth herein or as consented to by the Administrative Agent), providing for the allocation or sharing of obligations to make payments or otherwise in respect of any taxes, fees, assessments or other governmental charges; provided that it is understood and acknowledged that the Borrower will be consolidated with the Servicer for tax purposes.

  • Repairs; Maintenance and Compliance Borrower shall at all times maintain, preserve and protect all franchises and trade names, and Borrower shall cause the Property to be maintained in a good and safe condition and repair and shall not remove, demolish or alter the Improvements or Equipment (except for alterations performed in accordance with Section 5.4.2 below and normal replacement of Equipment with Equipment of equivalent value and functionality). Borrower shall promptly comply with all Legal Requirements and immediately cure properly any violation of a Legal Requirement. Borrower shall notify Lender in writing within two (2) Business Days after Borrower first receives notice of any such non-compliance. Borrower shall promptly repair, replace or rebuild any part of the Property that becomes damaged, worn or dilapidated and shall complete and pay for any Improvements at any time in the process of construction or repair.

  • IMPROVEMENTS, ETC 31 Section 6.1 Improvements to the Leased Property..............................................31 Section 6.2 Salvage..........................................................................31 Section 6.3 Equipment Leases.................................................................31 VII. LIENS......................................................................................................32 VIII. PERMITTED CONTESTS........................................................................................32 IX. INSURANCE...................................................................................................33 Section 9.1 General Insurance Requirements...................................................33 Section 9.2 General Insurance Provisions.....................................................35

Time is Money Join Law Insider Premium to draft better contracts faster.