Covered Entities. No Loan Party is a Covered Entity.
Covered Entities. The Borrower is not a Covered Entity.
Covered Entities. No Loan Party is a Covered Entity. 5.24
Covered Entities. No Loan Party is a Covered Entity. ARTICLE VI AFFIRMATIVE COVENANTS So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation (other than contingent indemnification Obligations for which no claim has been asserted) hereunder shall remain unpaid or unsatisfied, the Borrower shall, and shall (except in the case of the covenants set forth in Sections 6.01, 6.02, and 6.03) cause each Subsidiary to: 6.01
Covered Entities. No Borrower is a Covered Entity.
Covered Entities. For each Study, the Institution and the applicable Principal Investigator each represent, certify and covenant that they may be or have affiliates that are “Covered Entities” under the provisions of the Health Insurance Portability and Accountability Act of 1996 and any regulations and official guidance promulgated thereunder (“HIPAA”). Institution and the Principal Investigator shall handle all Study Documentation (including Subjects’ medical records) in accordance with all applicable HIPAA requirements and all other Applicable Laws and shall ensure that they obtain from each Subject a valid authorization that complies with HIPAA and is, in form and substance, acceptable to SPONSOR, in order for the Institution and the Principal Investigator to provide SPONSOR with the Study Documentation and to satisfy their other obligations under this Agreement with respect to the Study Documentation.
Covered Entities. 50 ARTICLE VI
Covered Entities. No Loan Party is a Covered Entity. (kk) (Reserved). (ll) EEA Financial Institution. No Loan Party is an EEA Financial Institution.
Covered Entities. The Corporation's objectives which will determine the accelerated vesting of the Option will be based upon the consolidated results of the Corporation and each of its affiliates that are operating the Southwest Business Unit and marketing assets of the Southeast Business Unit acquired from FINA Oil and Chemical Company (the "Alon USA Group"). Financial Performance. The Option as to 201.9 shares of Common Stock will vest on an accelerated basis with respect to each fiscal year of the Corporation (the "Annual Vesting Amount") commencing with 2001 and ending with 2006 (a total of 1,211.4 shares) to the extent that the Targeted Cash Flow of the Alon USA Group for such fiscal year exceeds the Annual Target Amount for that fiscal year: Annual Target Minimum Target Amount Amount (millions) (millions) Annual Plan Year Ending (Actual debt service (85% of Annual Amount December 31 required) Plan) (millions) ----------- ------------------- -------------- ----------- $ $ $ 2001 6.7 14.36 16.9 2002 7.8 15.56 18.3 2003 9.3 17.08 20.1 2004 9.3 18.62 21.9 2005 9.3 20.23 23.8 2006 9.3 21.43 25.2 Acceleration of vesting will be effective as of the last day of each year. To the extent that any Annual Vesting Amount is not accelerated because the Annual Target Amount has not been met for that year (a "Missed Amount"), vesting of that amount may be accelerated in a succeeding year to the extent that, as of the end of any year, the total amount of Targeted Cash Flow of the Corporation for that year plus all prior years during the term of the Option exceeds the Cumulative Annual Plan Amount with respect to that year, provided that if the Targeted Cash Flow for any year is less than the Minimum Target Amount, then the Missed Amount for that year will lapse and will not be available for future vesting pursuant to this Agreement.
