Electronic System. See §7.4.
Electronic System. In order to enhance ease of use, help facilitate the timely transfers of Monies and achieve administrative cost savings, the reciprocal arrangement established through this Agreement shall utilize an electronic system or medium to process reciprocity related information. Using personal computers or other appropriate devices, Participating Funds, the Reciprocal Clearinghouse, Assisting Local Unions, and both Permanent and Temporary Employees as well as American Temporary Employees, who are properly registered can access the Electronic System to enter and exchange information and data relevant to the operation of the Agreement. The Electronic System may be utilized as a method or medium for the actual transfers of Monies between two Participating Funds; it shall also be designed and maintained to help facilitate a decision by two Participating Funds to use the Reciprocal Clearinghouse to electronically transfer Monies. In order to achieve the uniformity of operation vital to the functionality of the electronic system, each Assisting Local Union and Participating Fund recognizes that a single, system- wide service provider is required. To obtain this necessary uniformity, each Participating Fund signatory to this Agreement hereby agrees to participate in the Electronic System contracted for by the BAC.
Electronic System. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Joint Lead Arrangers may, but shall not be obligated to, make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on the Electronic System and (b) certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Electronic System designated “Public Side Information;” and (z) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Electronic System not designated “Public Side Information.” Notwithstanding the foregoing, the Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”
Electronic System. See §7.4. Eligible Real Estate Qualification Documents. See Schedule 1.2 attached hereto. Employee Benefit Plan. Any employee benefit plan within the meaning of §3(3) of ERISA maintained or contributed to by the Borrower, any Guarantor or any ERISA Affiliate, other than a Multiemployer Plan. Environmental Engineer. A firm of independent professional engineers or other scientists generally recognized as expert in the detection, analysis and remediation of Hazardous Substances and related environmental matters and acceptable to the Agent in its reasonable discretion.
Electronic System. See §7.4. Eligible Real Estate. Real Estate: (a) which is wholly-owned in fee (or leased under a ground lease acceptable to the Agent in its reasonable discretion) by an Unencumbered Property Subsidiary; (b) which is located within the contiguous 48 States of the continental United States or the District of Columbia; (c) which is improved by an income-producing office, industrial, manufacturing, retail, distribution, medical/healthcare, data center or flex property, which contains improvements that are in operating condition and available for occupancy, and with respect to which valid certificates of occupancy or the equivalent for all buildings thereon have been issued and are in full force and effect; (d) as to which all of the representations set forth in §6 of this Agreement concerning the Subject Property are true and correct; (e) as to which the Agent and the Required Lenders, as applicable, have received and approved all Eligible Real Estate Qualification Documents, or will receive and approve them prior to inclusion of such Eligible Real Estate in the calculation of the Unencumbered Asset Value; and (f) which is in compliance with and would not cause a Default under the provisions of §7.16.