IN CERTAIN CIRCUMSTANCES. The Company expressly acknowledges and agrees that, and the Employee is hereby advised that, this Section 4.1 does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company, its Subsidiaries or any of their Affiliates was used and which was developed entirely on the Employee's own time, unless (i) the invention relates to the business of the Company, its Subsidiaries or any of their Affiliates or to the Company's, its Subsidiaries' or any of their Affiliates' actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by the Employee for the Company, its Subsidiaries or any of their Affiliates.
IN CERTAIN CIRCUMSTANCES. The Company expressly acknowledges and agrees that, and Employee is hereby advised that, this Sec. 4.1 does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on Employee's own time, unless (i) the invention relates to the business of the Company or to the Company's actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by Employee for the Company.
IN CERTAIN CIRCUMSTANCES. DFS may terminate *** (for damages, termination charges or demobilization costs), *** , in the following circumstances:
IN CERTAIN CIRCUMSTANCES. To the extent that this Agreement or any other Loan Document requires a payment or prepayment to be made with respect to the Tranche 1 Loans, such provision shall be construed as follows: after payment in full of the outstanding Tranche 1 Loans, then, to the extent of the excess, if any, of the aggregate Letter of Credit Exposure at such time over the balance in the Letter of Credit Collateral Account, an amount equal to the remainder of the amount so required to be paid by the Borrower shall immediately be paid by the Borrower to the Agent for deposit in the Letter of Credit Collateral Account. In addition, the Borrower agrees that, without limitation of the foregoing or of any other provisions of this Agreement or the Loan Documents requiring collateral for the Letters of Credit or other Obligations in whole or in part, and without limitation of other rights and remedies under this Agreement or any Loan Document or at law or in equity, if all of the Loans become due and payable pursuant to Section 7.02 hereof, the Borrower shall immediately pay to the Agent, for deposit in the Letter of Credit Collateral Account, an amount equal to the excess, if any, of the aggregate Letter of Credit Exposure at such time over the balance in the Letter of Credit Collateral Account.
IN CERTAIN CIRCUMSTANCES. Parent's obligations as guarantor hereunder shall remain in full force and effect until the Commitments shall have terminated and all obligations of the Company under this Agreement and any applicable Hedging Agreement shall have been paid in full. If at any time any payment of principal, interest or any other amount payable by the Company under or in connection with this Agreement, any other Loan Document or any applicable Hedging Agreement is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, Parent's obligations hereunder with respect to such payment shall be reinstated as though such payment had been due but not made at such time.
IN CERTAIN CIRCUMSTANCES. INCREASED COSTS OR REDUCED RETURN RESULTING FROM TAXES, RESERVES, CAPITAL ADEQUACY REQUIREMENTS, EXPENSES, ETC. If any Law, guideline or interpretation or any change in any Law, guideline or interpretation or application thereof by any Official Body charged with the interpretation or administration thereof or compliance with any request or directive (whether or not having the force of Law) of any central bank or other Official Body: subjects any Bank to any tax or changes the basis of taxation with respect to this Agreement, the Notes, the Loans or payments by the Borrower of principal, interest, Commitment Fees, Letter of Credit Fees, Agent's Fees or other amounts due from the Borrower hereunder or under the Notes (except for taxes on the overall net income of such Bank), imposes, modifies or deems applicable any reserve, special deposit or similar requirement against credits or commitments to extend credit extended by, or assets (funded or contingent) of, deposits with or for the account of, or other acquisitions of funds by, any Bank, or imposes, modifies or deems applicable any capital adequacy or similar requirement (A) against assets (funded or contingent) of, or credits or commitments to extend credit extended by, any Bank, or (B) otherwise applicable to the obligations of any Bank under this Agreement, and the result of any of the foregoing is to increase the cost to, reduce the income receivable by, or impose any expense (including loss of margin) upon any Bank with respect to this Agreement, the Notes or the making, maintenance or funding of any part of the Loans (or, in the case of any capital adequacy or similar requirement, to have the effect of reducing the rate of return on the capital of any Bank or any Bank's parent, taking into consideration the customary policies of any Bank or any Bank's parent with respect to capital adequacy) by an amount which such Bank in its sole discretion deems to be material, such Bank shall from time to time notify in writing the Borrower and the Agent of the amount determined in good faith (using any averaging and attribution methods employed in good faith) by such Bank (which determination shall be conclusive, absent manifest error) to be necessary to compensate such Bank for such increase in cost, reduction of income or additional expense. Such notice shall set forth in reasonable detail the basis for such determination. Such amount shall be due and payable by the Borrower to such Bank ten (10) Business Days...
IN CERTAIN CIRCUMSTANCES. The Company expressly acknowledges and agrees that, and the Employee is hereby advised that, this Section 4.1 does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company, its Subsidiaries or any of their Affiliates was
IN CERTAIN CIRCUMSTANCES. Notwithstanding the provisions of Section 6.1, the Administrative Agent shall not be required to attempt to sell the Pledged Shares of any Borrower in the manner contemplated by Section 6.1 prior to demanding payment from the Guarantor in respect of such Borrower's Obligations if (a) the Administrative Agent would not be legally permitted to do so by reason of restrictions imposed by the United States Bankruptcy Code, (b) the Administrative Agent would be required to comply with any restrictions on the immediate sale of such Pledged Shares imposed by federal securities laws or regulations or (c) in respect of the Loans of any Borrower, if the Administrative Agent shall not have received (i) counterparts, duly executed by such Borrower, of all documents contemplated by the Credit Agreement to be executed by such Borrower or (ii) a duly perfected first priority security interest in all shares of common stock of the Guarantor purchased by such Borrower with proceeds of such Loans.
IN CERTAIN CIRCUMSTANCES. The provisions of Section 10.2.3 shall be subject to the following provisions:
IN CERTAIN CIRCUMSTANCES. If the Employee’s employment by WTAM is terminated, prior to the Vesting Date, by WTAM for any reason other than for “cause” (as defined in the then effective Employment Agreement between the Employee and WTAM), including without limitation, termination by reason of death, disability, a general reduction in force or for any other reason, or, notwithstanding the provisions of Section 1.3, if the Employee shall terminate his employment by WTAM for “good reason” (as defined in the then effective Employment Agreement between the Employee and WTAM), then all of the Shares shall immediately vest upon such termination.