Conditions to Distributions. Subject to Section 4.4, the following are conditions to the consummation of each Distribution. The conditions are for the sole benefit of Tyco and shall not give rise to or create any duty on the part of Tyco or the Board of Directors of Tyco to waive or not waive any such condition.
Conditions to Distributions. (a) Subject to Section 4.3, the obligation of DowDuPont to consummate the MatCo Distribution is subject to the prior or simultaneous satisfaction, or, to the extent permitted by applicable Law, waiver by DowDuPont, in its sole and absolute discretion, of the following conditions. None of MatCo or any other member of the MatCo Group or any third party shall have any right or claim to require the consummation of the MatCo Distribution, which shall be effected at the sole discretion of the Board. Any determination made by DowDuPont prior to the MatCo Distribution concerning the satisfaction or waiver of any or all of the conditions set forth in this Section 4.4(a) shall be conclusive and binding on the Parties hereto. The conditions are for the sole benefit of DowDuPont and shall not give rise to or create any duty on the part of DowDuPont or the Board to waive or not waive any such condition. Each Party will use its commercially reasonable efforts to keep the other Party apprised of its efforts with respect to, and the status of, each of the following conditions:
Conditions to Distributions. The 20-Year Cash Flow Proforma attached hereto as Exhibit C-3 includes projections of annual Distributions of Surplus Cash. Exhibit C-3 is not intended to impose limits on the amounts to be annually distributed. Distributions for a particular fiscal year may be made only following: (a) OCII approval of the Annual Monitoring Report submitted for that year; (b) the OCII’s determination that Borrower is not in default under this Agreement or any other agreement entered into with the City and County of San Francisco or the OCII for the Project; and (c) the OCII’s determination that the amount of the proposed Distribution satisfies the conditions of this Agreement, including, but not limited to Section 3.5. OCII will be deemed to have approved Borrower's written request for approval of a proposed Distribution unless OCII delivers its disapproval or request for more information to Borrower within thirty (30) business days after the City's receipt of the request for approval.
Conditions to Distributions. The parties agree that each distribution permitted by this Section 5.17 shall be without cost to the Predecessor Company (or Affiliate of the Predecessor Company) making such distribution. In addition, with respect to the distributions of real property contemplated by Section 5.17.2, 5.17.3, 5.17.4 and 5.17.5, each such distribution shall be made subject to any Debt that is collateralized by such real property and the distributing Predecessor Company (or Affiliate of a Predecessor Company) shall be released from any liability (whether absolute or contingent) with respect to such Debt unless such Debt is included in Schedule 19.1. SECTION 5.18
Conditions to Distributions. Except as provided in Section 6.6.2, no Co-Borrower shall directly or indirectly, make or declare any Restricted Payment except pursuant to and in accordance with Section 3.12(b)(i) of the Depositary Agreement so long as each of the following conditions have been satisfied (such conditions, “Restricted Payment Conditions”):
Conditions to Distributions. Subject to Section 4.4, the following are conditions to the consummation of each Distribution. The conditions are for the sole benefit of Cendant and shall not give rise to or create any duty on the part of Cendant or the Board of Directors of Cendant to waive or not waive any such condition.
Conditions to Distributions. Except as provided in Section 6.6.2, Borrower shall not directly or indirectly, make or declare any Restricted Payment.
Conditions to Distributions. Except for any beneficial interest held by Xxxxxxx’s spouse, the Trustee, in his discretion, as a condition of distribution from, or other access to use and enjoyment of, Trust Property, may require, at any time or times, any evidence concerning the beneficiary’s financial condition or freedom from internal or external duress or undue influence, as the Trustee deems necessary for whatever reason or no reason at all, for the purpose of the Trustee satisfying himself that any such distribution or access to use and enjoyment shall not be dissipated or diverted, contrary to Trust purposes, to or for the benefit of persons other than the beneficiary. No Trustee shall be held liable for not requiring such evidence.
Conditions to Distributions. The 20-Year Cash Flow Proforma attached hereto as Exhibit B-2 includes projections of annual Distributions. Exhibit B-2 is not intended to impose limits on the amounts to be annually distributed. Distributions for a particular fiscal year may be made only following: (a) City approval of the Annual Monitoring Report submitted for that year;
Conditions to Distributions
