Exceptions to the General Rule Clause Samples

Exceptions to the General Rule. A premises that would otherwise be a Domestic Premises shall be treated as a Non- Domestic Premises if it is a premises of a type (a relevant premises) described at one or more of paragraphs 3, 4 and 5 below.

Exceptions to the General Rule. Notwithstanding the provisions of subsection (a) of this Section 11.3, no amendment, modification, waiver or consent shall (i) extend or increase the Commitment of any Lender without the written consent of such Lender, (ii) extend the date scheduled for payment of any principal (excluding mandatory prepayments) of or interest on the Loans or commitment fees payable hereunder without the written consent of each Lender directly affected thereby, (iii) reduce the principal amount of any Loan, the stated rate of interest thereon (provided that the institution of the Default Rate or post default interest and a subsequent removal of the Default Rate or post default interest shall not constitute a decrease in interest rate pursuant to this Section 11.3) or the stated rate of commitment fees payable hereunder, without the consent of each Lender directly affected thereby, (iv) change the manner of pro rata application of any payments made by Borrower to the Lenders hereunder, without the consent of each Lender directly affected thereby, (v) without the unanimous consent of the Lenders, change any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (vi) without the unanimous consent of the Lenders, release Borrower or any Guarantor of Payment or of any collateral in excess of Five Million Dollars ($5,000,000) securing the Secured Obligations, except in connection with a transaction specifically permitted hereunder, or (vii) without the unanimous consent of the Lenders, amend this Section 11.3 or Section 9.5 hereof.

Exceptions to the General Rule. Notwithstanding the provisions of subsection (a) of this Section 11.3:

Exceptions to the General Rule. Notwithstanding the provisions of subsection (a) of this Section 11.3: (i) Subject to subparts (ii) and (iii) below, unanimous consent of the Lenders shall be required with respect to (A) any increase in the Commitment hereunder (except as specified in Section 2.10(b) hereof), (B) the extension of maturity of the Loans, the payment date of interest or scheduled principal thereunder, or the payment date of commitment or other fees payable hereunder, (C) any reduction in the stated rate of interest on the Loans (provided that the institution of the Default Rate and a subsequent removal of the Default Rate shall not constitute a decrease in interest rate pursuant to this Section 11.3), or in any amount of interest or scheduled principal due on any Loan, or any reduction in the stated rate of commitment fees payable hereunder or any change in the manner of pro rata application of any payments made by Borrower to the Lenders hereunder, (D) any change in any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (E) the release of any Guarantor of Payment except in connection with a merger or sale of assets permitted pursuant to Section 5.12 hereof, (F) the release of all or substantially all of the Collateral securing the Secured Obligations, or (G) any amendment to this Section 11.3(a) or Section 9.5 or 9.8 hereof.

Exceptions to the General Rule. (a) If any Partner unexpectedly receives any adjustments, allocations or distributions described in Treasury Regulation Sections 1.704¬1(b)(2)(ii)(d)(4), 1.704-1(b)(2)(ii)(d)(5), or 1.704-1(b)(2)(ii)(d)(6), items of the Partnership income and gain shall be specially allocated to such Partner in an amount and manner sufficient to eliminate a deficit (within the meaning of Treasury Regulation Section 1.704-1(b)(2)(ii)(d)) in his, her or its Capital Account created by such adjustments, allocations or distributions as quickly as possible; provided that, to the extent possible without violating the provisions or purposes of Code Section 704 or the Treasury Regulations thereunder, the Partnership’s subsequent income, gains, losses, deductions and credits will be allocated so as to achieve as nearly as possible the results that would have been achieved if this Section 5.3(a) was not in this Agreement. This Section 5.3(a) is intended to constitute a “qualified income offset” within the meaning of Treasury Regulation Section 1.704-1(d)(3). (b) If, and to the extent that, any Partner is deemed to recognize income as a result of any transaction between such Partner and the Partnership pursuant to Sections 1272-1274, Section 7872, Section 483 or Section 482 of the Code, or any similar provision now or hereafter in effect, any corresponding resulting loss or deduction of the Partnership shall be allocated to the Partner who was charged with such income if and to the extent necessary to avoid consequences that were not anticipated by the partners at the time of the transaction. (c) Items of loss or deduction attributable to partner nonrecourse debt (as defined in Treasury Regulation Section 1.704-2(b)(4)) shall be allocated in the manner required by Treasury Regulation Section 1.704-2(i). If there is a net decrease in partnership minimum gain (determined pursuant to Treasury Regulation Section 1.704-2(d)) or partner nonrecourse debt minimum gain (as defined in Treasury Regulation Section 1.704-2(i)(3)) during any calendar year, each Partner shall be allocated items of income and gain for such calendar year (and, if necessary, for subsequent years) in the amounts and of such character as determined according to Treasury Regulation Section 1.704-2(f) and (i)(4), respectively. This Section 5.3(c) is intended to be a minimum gain chargeback provision that complies with the requirements of Treasury Regulation Section 1.704-2(f) and (i), and shall be interpreted in a manner c...

Exceptions to the General Rule. The provisions of Article 7 of this Treaty establish the following exceptions: 1) Insured persons who are employed in the territory of both Contracting Parties shall be subject to the legislation of the Contracting Party within whose territory those persons permanently reside; 2) The insured persons employed within the territory of one Contracting Party with the organization in which they normally work and sent by that organization to the territory of the other Contracting Party to work for a certain period of time are subject to the legislation of the first Contracting Party for the period of such assignment but for not more than two years. By agreement between the authorized agencies or other specified by them (institutions), the said period of being subject to the legislation of the Contracting Party, which has given that assignment, may be extended on a case by case basis, but not more than for two years; 3) In respect to the personnel of diplomatic missions and consular offices of the Contracting Party as well as private domestic workers should be applied the provisions of Vienna Convention on Diplomatic Relations of April 18, 1961 and Vienna Convention on Consular Relations of April 24, 1963, accordingly; 4) Crew members of a vessel are subject to the legislation of the Contracting Party within whose territory the hiring organization is registered. The persons hired to perform loading, unloading and repairs of vessels or hired as port security personnel are subject to the legislation of the Contracting Party within whose territory the port is located; 5) The mobile personnel of transportation organizations engaged in international forwarding within the territories of both Contracting Parties is subject to the legislation of the Contracting Party within whose territory the relevant organization is registered.

Exceptions to the General Rule. The provisions of Section 16.3(a) above shall not apply to any Participant for a Plan Year if, with respect to that Plan Year: (1) such Participant was an active participant in a qualified defined benefit pension plan sponsored by the Corporation or by a Related Entity under which plan the Participant’s accrued benefit is not less than the minimum accrued pension benefit that would be required under Section 416(c)(1) of the Code, treating such defined benefit pension plan as a top heavy and treating all such defined benefit pension plans as top heavy and treating all such defined benefit pension plans as constitute an Aggregation Group as a single plan; or (2) such Participant was an active participant in a qualified defined contribution plan sponsored by the Corporation or by a Related Entity under which plan the amount of the Employer’s contribution allocable to the Account of the Participant for the accrual computation period of such plan ending with or within the Plan Year, exclusive of amounts by which the Participant’s compensation was reduced pursuant to a salary reduction agreement or similar arrangement, is not less than the contribution allocation that would be required under Code Section 416(c)(2) under this Plan.