Effect of our delaying enforcing the security or waiving rights. If we delay enforcing a right under the mortgage or any other agreement, or do not exercise the right, or do not exercise a right against anyone, we do not lose or impair the right or any other right. If we waive a breach of any obligation under the mortgage or any other agreement, we do not lose a right of ours in respect of any other breach of the obligation. If we waive a right, we do not lose or impair any other right of ours. We are not bound by an agreement that contains a waiver unless it is in writing and is signed by us.
Effect of. “Leverage” or “Gearing” Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are ‘leveraged’ or ‘geared’. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit.
Effect of. Split-ups" and Stock Dividends. In case at any time or from time to time the Company shall subdivide or combine as a whole, by reclassification, by the issuance of a stock dividend on the Common Stock payable in Common Stock, or otherwise, the number of shares of Common Stock then Outstanding into a greater or lesser number of shares of Common Stock, with or without par value, the Current Warrant Price shall be reduced or increased (as applicable) proportionately. The issuance of such a stock dividend shall be treated as a subdivision of the whole number of shares of Common Stock Outstanding immediately prior to such dividend into a number of shares equal to such whole number of shares so outstanding plus the number of shares issued as a stock dividend. Upon any such adjustment, the number of shares shall be rounded upward to the nearest whole share.
Effect of. FAILURE BY A PARTY TO CONSUMMATE TRANSACTION DUE TO BREACH. Provided that Purchaser, in the event Seller is the breaching party, or Seller, in the event the Purchaser is the breaching party, is not then in breach of any of its own obligations under this Agreement, upon (i) termination of this Agreement due to a breach as described in Section 4.2 (a) or (ii) the failure of a party to perform its obligations hereunder after all of the conditions precedent set forth in Section 3 are satisfied, the non-breaching party shall be entitled to reimbursement of all fees and expenses incurred by the non-breaching party and to pursue against the breaching party any and all rights and/or remedies, at law or in equity, to which such non-breaching party may be entitled.
Effect of. Leverage" or "Gearing" The amount of margin is small relative to the value of the derivatives contract so the transactions are 'leveraged' or 'geared'. Derivatives trading, which is conducted with a relatively small amount of margin, provides the possibility of great profit or loss in comparison with the principal investment amount. But transactions in derivatives carry a high degree of risk. You should therefore completely understand the following statements before actually trading in derivatives trading and also trade with caution while taking into account one's circumstances, financial resources, etc. If the prices move against you, you may lose a part of or whole margin equivalent to the principal investment amount in a relatively short period of time. Moreover, the loss may exceed the original margin amount.
Effect of. Change in Control" on Performance-Based Awards. In the event of a "Change in Control," with respect to an outstanding Award subject to achievement of performance goals and conditions, such performance goals and conditions shall be deemed to be met or exceeded if and to the extent so provided by the Committee in the Award document governing such Award or other agreement with the Participant.
Effect of. HEADINGS The Article and Section headings herein and the Table of Contents are for convenience only and shall not affect the construction hereof. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof, whereupon this Underwriting Agreement, along with all counterparts, will become a binding agreement between Merrill Lynch and the Company in accordance with its terms. Very truly yours, CRIIMI MAE Inc. By: ---------------------------- Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED By: --------------------------------- Authorized Signatory TABLE OF CONTENTS Page
Effect of. Vacation pay computed on base periods prior to a general wage increase for a or portion thereof scheduled after such wage increase in such year shall be adjusted for such increase. Each employee will be paid additional payment of for each full week of regular vacation at the time he receives his regular vacation pay. This additional payment will not be made during the calendar year in which an employee receives Leave Allowance covered in Article Expanded Employment Program. If balance of a Leave Allowance is paid because of death, termination of employment, etc. later in the same calendar that regular vacation pay and a special payment had been made, the amount of the additional payment will be deducted from the balance of the Leave Allowance payable.