Capital Condition Sample Clauses

Capital Condition. For the avoidance of doubt, the parties agree that, notwithstanding any provision to the contrary herein, the Company shall not be required to enter into any Facility Sale Transaction nor be entitled to any benefits or subject to any Obligations hereunder, unless and until the earlier of the date on which (a) the Capital Condition is satisfied or (b) the Company waives the Capital Condition.
AutoNDA by SimpleDocs
Capital Condition. For the avoidance of doubt, the parties agree that, notwithstanding any provision to the contrary herein, the Purchaser shall not be required to enter into any transaction to purchase any Loan pursuant to, or be subject to any other obligations arising under, this Agreement unless and until the Trade Date in respect of such Loan has occurred and the Capital Condition has been satisfied.
Capital Condition. At any time following the Grant Date, the “Capital Condition” shall be deemed satisfied with respect to the number of Options equal to the product of (A) the total number of outstanding Options for which the Service Condition has been satisfied as of such time and (B) the lesser of (x) 1 and (y) a fraction, the numerator of which is the aggregate consideration received by the Company for issuance of Shares up to and including the closing of aQualified Initial Public Offering” (as defined in the By-Laws of the Company, and such closing, a “Qualified IPO Closing”) and the denominator of which is $1,000,000,000 (such clause B, the “Capital Ratio”).
Capital Condition. For the avoidance of doubt, the Parties agree that, notwithstanding any provision to the contrary herein, Buyer shall not be required to purchase or assume any Purchased Asset or Assumed Obligation unless and until the earlier of the date on which (a) the Capital Condition is satisfied or (b) Buyer waives the Capital Condition. “Capital Condition” means a condition that shall be satisfied on and after the date on which Buyer (i) receives aggregate subscriptions of $200,000,000 or greater or (ii) provides written notice to Seller that is has been waive.

Related to Capital Condition

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy.

  • Special Condition With respect to Liability to the Fund or its shareholders, and subject to applicable state and federal law, the Board Member shall be indemnified pursuant to this Section 1 against any Liability unless such Liability arises by reason of the Board Member’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

  • Financial Condition There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

  • SPECIAL CONDITIONS A submitted appeal must;

  • Financial Conditions Section 4.01. (a) The Recipient shall maintain or cause to be maintained a financial management system, including records and accounts, and prepare financial statements in a format acceptable to the Bank, adequate to reflect the operations, resources and expenditures in respect of the Project and each Sub-project (including its cost and the benefits to be derived from it).

  • Additional Conditions For each mediation or arbitration:

  • Supplemental Conditions Paragraph 1: All individuals involved, and all others who might possibly contribute to the acceptable adjustment of a grievance, are authorized and urged to testify with full assurance that no reprisal will follow by reason of such participation.

  • Tenant’s Financial Condition Within ten (10) days after written request from Landlord, Tenant shall deliver to Landlord such financial statements as Landlord reasonably requires to verify the net worth of Tenant or any assignee, subtenant, or guarantor of Tenant. In addition, Tenant shall deliver to any lender designated by Landlord any financial statements required by such lender to facilitate the financing or refinancing of the Property. Tenant represents and warrants to Landlord that each such financial statement is a true and accurate statement as of the date of such statement. All financial statements shall be confidential and shall be used only for the purposes set forth in this Lease.

  • Solvent Financial Condition Each of Borrower and its Subsidiaries is now and, after giving effect to the Loans to be made hereunder, at all times will be, Solvent.

  • Financial Condition of Company Any Credit Extension may be made to Company or continued from time to time, and any Hedge Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Hedge Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

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