Automatically. Such data is processed automatically when Megaport’s systems are triggered by Customers’ instructions to transmit their data. In doing so, Megaport’s systems not only transmit Customers’ raw data packets (“Packets”), but read and record certain metadata relating thereto in order to build up the connection between sender and recipient, route the Packets properly and calculate Service fees (where fees are dependant on the quantity of data transmitted). Such metadata would be IP addresses and Packet headers, transmission start and end, transmitted data quantity, and other data required to create or maintain the communication channel between sender and recipient) (“Metadata”). Packet content is not accessed and data is deleted directly after the requested connection has been terminated, save for retention of Metadata as required for the purposes described herein and below.
Automatically. If a change in the Federal Home Loan Bank Act (“Act”), the FHFA's regulations, or other applicable federal law has the effect of (i) creating any new or higher assessment or taxation on the net income or capital of any FHLBank, or a higher effective RREM for any FHLBank than is specified in the Agreement; or (ii) establishing general restrictions applicable to the payment of dividends by FHLBanks that satisfy all relevant capital standards (a) requiring a new or higher mandatory allocation of an FHLBank's quarterly net income to any retained earnings account than the amount specified in the Agreement, or (b) prohibiting the payment of dividends from any portion of an FHLBank's retained earnings other than from amounts in the RRE account, then each FHLBank's obligation under the Agreement to make allocations to the RRE account, as well as the restrictions on the use of amounts in the RRE account contained in the Agreement, would terminate automatically. In addition, in the event that the FHFA does not approve the capital plan amendments anticipated under the Agreement, and two-thirds of the FHLBanks decide to voluntarily terminate the Agreement, then each FHLBank's obligation under the Agreement to make allocations to the RRE account, as well as the restrictions on the use of amounts in the RRE account contained in the Agreement, would terminate. Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995 This Q&A contains forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, including statements related to the potential benefits of the Agreement, the expected maturity of the REFCORP obligation, the expected achievement of the RRE target, and the Agreement's impact on AHP contributions. These statements are based upon our current expectations and speak only as of the date hereof. These statements may use forward-looking terms, such as “intended,” expected,” “should,” “will,” “estimates,” “suggests,” “could” and “may” or their negatives or other variations on these terms. The Bank cautions that by their nature, forward-looking statements involve risk or uncertainty and that actual results could differ materially from those expressed or implied in these forward-looking statements or could affect the extent to which a particular objective, projection, estimate, or prediction is realized. These forward-looking statements involve risks and uncertainties includin...
Automatically if Executive is removed and/or permanently prohibited from participating in the conduct of Company's affairs by an order issued by an appropriate regulatory agency under Section 8(e) of the Federal Deposit Insurance Act, as amended, or any similar state or federal law.
Automatically. If a change in the Federal Home Loan Bank Act (“Act”), the FHFA’s regulations, or other applicable federal law has the effect of (i) creating any new or higher assessment or taxation on the net income or capital of any FHLBank, or a higher effective RREM for any FHLBank than is specified in the Agreement; or (ii) establishing general restrictions applicable to the payment of dividends by FHLBanks that satisfy all relevant capital standards (a) requiring a new or higher mandatory allocation of an FHLBank’s quarterly net income to any retained earnings account than the amount specified in the Agreement, or (b) prohibiting the payment of dividends from any portion of an FHLBank’s retained earnings other than from amounts in the RRE account, then each FHLBank’s obligation under the Agreement to make allocations to the RRE account, as well as the restrictions on the use of amounts in the RRE account contained in the Agreement, would terminate automatically. In addition, in the event that the FHFA does not approve the capital plan amendments anticipated under the Agreement, and two-thirds of the FHLBanks decide to voluntarily terminate the Agreement, then each FHLBank’s obligation under the Agreement to make allocations to the RRE account, as well as the restrictions on the use of amounts in the RRE account contained in the Agreement, would terminate.
Automatically. This Agreement shall terminate automatically if (i) BRNI elects to proceed with clause (ii) of Section 12.1 and (ii) BRNI, on the one hand, and Jxxx Xxxxxx and Jxx New, on the other hand, do not agree, within ninety (90) days of such election by BRNI, to a new target amount for Neurotrope to raise during A Round Financing and the intended use of such new amount following the completion of the new A Round Financing (and amend this Agreement to reflect such agreement).
Automatically. By no action on the part of the parties if the Principal Stockholder Agreement is terminated in accordance with its terms.
Automatically process frequent flyer information in each Party’s ARS and develop procedures to transmit flown activity to United.
Automatically. In the event that the Deposited Material is released to Licensee in accordance with the terms of this Agreement; or thirty (30) days after Licensors or Licensee issue to all other parties hereto a written certificate averring that Licensors severally are no longer subject to any Obligation under the Loan Agreement; provided that such termination shall not occur on such basis if Licensee disputes any such certificate submitted by Licensors by sending Licensors and Escrow Agent notice to that effect in writing within such period.
Automatically without notice by or to either party, if: (i) Verigy shall (1) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its properties, (2) make a general assignment for the benefit of its creditors, (3) commence a voluntary case under the United States Bankruptcy Code, as now or hereafter in effect (the "Bankruptcy Code"), (4) file a petition seeking to take advantage of any law (the "Bankruptcy Laws") relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts, (5) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in any involuntary case under the Bankruptcy Code, or (6) take any corporate action for the purpose of effecting any of the foregoing; or (ii) a proceeding or case shall be commenced against Verigy in any court of competent jurisdiction, seeking (1) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (2) the appointment of a trustee, receiver, custodian, liquidator or the like of Verigy or of all or any substantial part of its assets, or (3) similar relief under any Bankruptcy Laws, or an order, judgment or decree approving any of the foregoing shall be entered and continue unstayed for a period of ninety (90) days, or an order for relief against Verigy shall be entered in an involuntary case under the Bankruptcy Code; or