Bank Agreement. Before an advance payment is made under this contract, the Contractor shall transmit to the administering office, in the form prescribed by the administering office, an agreement in triplicate from the bank in which the special bank account is established, clearly setting forth the special character of the account and the responsibilities of the bank under the account. If possible, the Contractor shall select a bank that is a member bank of the Federal Reserve System or is an "insured" bank within the meaning the Federal Deposit Insurance Corporation Act (12 U.S.C. 1811).
Bank Agreement. The Bank Agreement shall have been amended in form satisfactory to the Purchasers to permit the issuance of the Convertible Notes.
Bank Agreement. The Company will not amend, modify or supplement the Bank Agreement to (i) permit any additional mandatory prepayments thereunder, (ii) require the reduction of the commitments to lend thereunder (iii) change the amortization of any term loan thereunder or (iv) permit the prepayment of any term loan thereunder.
Bank Agreement. This agreement describes the mutually agreed upon instructions of the below signed parties to the Bank, regarding the control, redemption, and release of the Bank's above-described CD, which is being used as principal to guarantee the availability for maintenance and operation of the above listed facility in such a manner as not to cause pollution of the waters of the state or other adverse environmental impacts, and upon abandonment of the facility and the proper closure of the facility site. It is the intention of the parties that the CD be utilized as principal to guarantee that the full principal amount will be available to the State of Utah, Division of Oil, Gas, and Mining (“Division”) for maintenance and operation of the above listed facility in such a manner as not to cause pollution of the waters of the state or other adverse environmental impacts, and upon abandonment of the facility and the proper closure of the facility site. Upon demand and in the event that the Operator of the facility site is unable or unwilling to complete proper maintenance and operation of the above listed facility in such a manner as not to May 2019 Page 1 of 6 cause pollution of the waters of the state or other adverse environmental impacts, or the Operator is unable or unwilling to properly close the facility site in compliance with applicable state law and regulations, the Division may redeem the CD according to the steps outlined below. A hold shall be placed on any CD record(s) and the Bank shall provide proof of such hold to the Division. Bank waives all rights of setoff or liens against the CD(s) identified above.
Bank Agreement. The Company will not amend, supplement or otherwise modify any term of the Bank Agreement without the prior written consent of the Required Holders, which consent will not be unreasonably withheld, which amendment, supplement or modification would have the effect of (i) increasing the aggregate commitments under the Bank Agreement above $1,300,000,000, (ii) increasing the rate of interest except with respect to imposing the default rate as provided for in the Bank Agreement on the date hereof or any fees charged on the Bank Obligations or (iii) being otherwise materially adverse to the interests of the Holders.
Bank Agreement. “Bank Agreement” means the employment agreement between the Bank and the Executive dated of even date herewith.
Bank Agreement. Paragraph 6J of the Agreement is amended in its entirety to read as follows:
Bank Agreement. Upon the execution of this Agreement, Customer shall provide to Galileo a duly executed issuing bank agreement in the form of Exhibit D (the "Issuing Bank Agreement") signed by a duly authorized officer of Bank. If during the Term Bank no longer issues Transaction Cards for Customer and Customer engages a successor bank ("Successor Bank") to issue Transaction Cards, Galileo shall have no obligation to provide the Services hereunder until such Successor Bank has executed and delivered to Galileo the Issuing Bank Agreement in substantially the form of Exhibit D and provided such Successor Bank is in good standing with applicable regulatory authorities and relevant card associations, including, without limitation, MasterCard.
Bank Agreement. This agreement describes the mutually agreed upon instructions of the below signed parties to the Bank, regarding the control, redemption, and release of the Bank's above-described CD, which is being used as principal to guarantee the availability for proper plugging and abandonment of the well(s) and proper well site(s) restoration. It is the intention of the parties that the CD be utilized as principal to guarantee that the full principal amount will be available to the State of Utah, Division of Oil, Gas, and Mining (“Division”) for proper plugging and abandonment of the well(s) and proper well site(s) restoration. Upon demand and in the event the Operator of the well site(s) is unable or unwilling to complete proper plugging and abandonment of the well(s) and proper well site(s) restoration in compliance with applicable state law and May 2019 Page 1 of 6 regulations, the Division may redeem the CD according to the steps outlined below. The Bank shall place a hold on any CD record(s) and the Bank shall provide proof of such hold to the Division. The Bank waives all rights of setoff or liens against the CD identified above.
Bank Agreement. The Company shall have delivered to the Noteholder a true and correct copy of an amendment to the Bank Credit Agreement, which amendment shall be in form and substance satisfactory to the Noteholder, and pursuant to which the defined term "EBITDA" therein contained shall have been amended substantially in conformity with the amendment to the term "Consolidated EBITDA" set forth in Section 4. No "Default" or "Event of Default" under, and as defined in, the Bank Credit Agreement shall exist on the Effective Date.
