Exceed Sample Clauses

Exceed. [ ] (ii) Be less than . --------------------------------------- Related Employers. If two or more related employers (as defined in Section 1.30) contribute to this Plan, the related employers may elect different matching contribution formulas by attaching to the Adoption Agreement a separately completed copy of this Part II. Note: Separate matching contribution formulas create separate current benefit structures that must satisfy the minimum participation test of Code Section 401(a)(26).]
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Exceed. The words ‘‘except as prescribed in regulations’’ are substituted for the words ‘‘except that a longer period may be authorized by regulations promulgated’’. The words ‘‘Secretaries concerned’’ are substituted for the words ‘‘respective Secretaries’’ to conform to other subsections of the source statute. In subsection (f), the words ‘‘of a member’’ are in- serted for clarity. The words ‘‘if he dies’’ are sub- stituted for the words ‘‘upon the death of a member’’. The words ‘‘under chapter 3 of this title’’ are sub- stituted for the reference to section 232(e) of title 37, since subsection (e) was redesignated as subsection (d) by section 2(2) of the Act of March 31, 1955, cited above. In subsection (g), the words ‘‘under chapter 61 of title 10’’ are inserted for clarity. The words ‘‘under any other law’’ are substituted for the words ‘‘for any other reason’’. The words ‘‘In addition,’’ are substituted for the word ‘‘Such’’, and the words ‘‘the member’’ are sub- stituted for the word ‘‘him’’, for clarity. The words ‘‘section 404(c) of this title’’ are substituted for the words ‘‘subsection (a) of this section’’ to reflect the sec- tion of this revised title which restates that subsection. 1982 ACTS Revised section Source (U.S. Code) Source (Statutes at Large) 406(j) ....... 31:650a. Aug. 1, 0000, xx. 000, § 000, 00 Xxxx. 000. The text of 31:650a (related to a member of an armed force) is omitted as unnecessary because of 37:404(a)(3). The words ‘‘On and after August 1, 1953’’ are omitted as executed. The words ‘‘A member . . . is entitled to’’ are substituted for ‘‘personnel’’ for clarity and consistency in the title. The word ‘‘baggage’’ is added for consist- ency in the title. The words ‘‘dependents, baggage, or household effects’’ are substituted for ‘‘such personnel’’ for clarity. The word ‘‘otherwise’’ is omitted as surplus. The words ‘‘used to pay for that transportation’’ are substituted for ‘‘charged with all expenses in connec- tion with such travel including’’ for clarity. Revised section Source (U.S. Code) Source (Statutes at Large) 406(k) ...... 37:406 (note). Feb. 9, 1976, Pub. L. 94–212, § 747, 90 Stat. 176. The words ‘‘to carry out subsection (b) of this sec- tion’’ are substituted for ‘‘for providing transportation of household effects of members of the armed forces pursuant to section 406(b) of title 37, United States Code’’ to eliminate unnecessary words. Prior Provisions Act Aug. 1, 1953, cited as the source of subsec. (j) of this section...
Sample 1

Related to Exceed

  • Maximum In no event shall any holder be entitled to exercise any Warrant Shares to the extent that, after such exercise, the sum of the number of shares of Common Stock beneficially owned by any holder and its affiliates (other than shares of Common Stock which may be deemed beneficially owned through the ownership of the unexercised portion of the Warrant Shares or any unexercised right held by any holder subject to a similar limitation), would result in beneficial ownership by any holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock (after taking into account the shares to be issued to the holder upon such exercise). For purposes of this Section 2(c), beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended. Nothing herein shall preclude the holder from disposing of a sufficient number of other shares of Common Stock beneficially owned by the holder so as to thereafter permit the continued exercise of this Warrant.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • Maximum Capital Expenditures Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year 2003; $ 18,000,000 Fiscal Year 2004; $ 17,000,000 Fiscal Year 2005; $ 17,000,000 Fiscal Year 2006; $ 18,000,000 Fiscal Year 2007; $ 18,000,000 Fiscal Year 2008; $ 18,000,000 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) 50% of the amount of permitted Capital Expenditures for the immediately prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding year; provided, further, that the amount of Capital Expenditures for Fiscal Year 2003 and Fiscal Year 2004 shall not include up to $5,500,000 of Capital Expenditures made in connection with the expansion of the real property located in Denton, Texas to the extent financed with a Capital Lease.

  • Maximum Drawing Amount The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit.

  • Aggregate Limit The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereof.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Total 1 Nationality: country to which the person belongs administratively and that issues the ID card and/or passport.

  • Maximum Percentage A holder of a Warrant may notify the Company in writing in the event it elects to be subject to the provisions contained in this subsection 3.3.5; however, no holder of a Warrant shall be subject to this subsection 3.3.5 unless he, she or it makes such election. If the election is made by a holder, the Warrant Agent shall not effect the exercise of the holder’s Warrant, and such holder shall not have the right to exercise such Warrant, to the extent that after giving effect to such exercise, such person (together with such person’s affiliates), to the Warrant Agent’s actual knowledge, would beneficially own in excess of 4.9% or 9.8% (or such other amount as a holder may specify)(the “Maximum Percentage”) of the shares of Common Stock outstanding immediately after giving effect to such exercise. For purposes of the foregoing sentence, the aggregate number of shares of Common Stock beneficially owned by such person and its affiliates shall include the number of shares of Common Stock issuable upon exercise of the Warrant with respect to which the determination of such sentence is being made, but shall exclude shares of Common Stock that would be issuable upon (x) exercise of the remaining, unexercised portion of the Warrant beneficially owned by such person and its affiliates and (y) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by such person and its affiliates (including, without limitation, any convertible notes or convertible preferred stock or warrants) subject to a limitation on conversion or exercise analogous to the limitation contained herein. Except as set forth in the preceding sentence, for purposes of this paragraph, beneficial ownership shall be calculated in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). For purposes of the Warrant, in determining the number of outstanding shares of Common Stock, the holder may rely on the number of outstanding shares of Common Stock as reflected in (1) the Company’s most recent annual report on Form 10-K, quarterly report on Form 10-Q, current report on Form 8-K or other public filing with the Commission as the case may be, (2) a more recent public announcement by the Company or (3) any other notice by the Company or the Transfer Agent setting forth the number of shares of Common Stock outstanding. For any reason at any time, upon the written request of the holder of the Warrant, the Company shall, within two (2) Business Days, confirm orally and in writing to such holder the number of shares of Common Stock then outstanding. In any case, the number of outstanding shares of Common Stock shall be determined after giving effect to the conversion or exercise of equity securities of the Company by the holder and its affiliates since the date as of which such number of outstanding shares of Common Stock was reported. By written notice to the Company, the holder of a Warrant may from time to time increase or decrease the Maximum Percentage applicable to such holder to any other percentage specified in such notice; provided, however, that any such increase shall not be effective until the sixty-first (61st) day after such notice is delivered to the Company.

  • Excess Usage If during a Billing Period, In Energy is greater than zero (0), then Excess Usage for that Billing Period will be calculated. If Excess Usage is greater than zero (0), then for the Facility and any secondary account at the conclusion of that Billing Period: (i) kilowatt-hour usage will equal the value of Excess Usage and (ii) Unused Credits are equal to zero (0). If Excess Usage is equal to zero (0), then for the Facility and secondary accounts at the conclusion of that Billing Period: (i) kilowatt-hour usage is equal to zero (0) and (ii) Unused Credits are reduced by the value of In Energy, determined for that Billing Period, and that reduced value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application.

  • Maximum Payments Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.