No Diminishment Sample Clauses

No Diminishment. Further, the obligations of any Guarantor hereunder are not discharged or impaired or otherwise affected by: (i) the failure of the Administrative Agent, any Issuing Bank or any Lender to assert any claim or demand or to enforce any remedy with respect to all or any part of the Guaranteed Obligations; (ii) any waiver or modification of or supplement to any provision of any agreement relating to the Guaranteed Obligations; (iii) any release, non-perfection, or invalidity of any indirect or direct security for the obligations of the Company for all or any part of the Guaranteed Obligations or any obligations of any other guarantor of or other person liable for any of the Guaranteed Obligations; (iv) any action or failure to act by the Administrative Agent, any Issuing Bank or any Lender with respect to any collateral securing any part of the Guaranteed Obligations or (v) any default, failure or delay, willful or otherwise, in the payment or performance of any of the Guaranteed Obligations, or any other circumstance, act, omission or delay that might in any manner or to any extent vary the risk of such Guarantor or that would otherwise operate as a discharge of any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of the Guaranteed Obligations).
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No Diminishment. Nothing in this Agreement shall be construed to in any way diminish or condition any of the rights or exclusivity granted by AT&T Corp. to AWS under the AT&T-AWS Brand License Agreement.
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No Diminishment. Notwithstanding anything, the Employer agrees that no employee shall suffer downgrading of their employment category, loss of seniority, loss of benefit entitlement or any other change in condition of employment, penalty or prejudice whatsoever, as a result of their time away from work on any approved leave of absence under this Article 9 or any other Article in this Agreement, provided that the employee’s membership in the Union remains in good standing.
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No Diminishment. Nothing in this Amendment No. 4 shall be construed in any way to diminish or condition any of the rights or exclusivity granted to AWS under the AT&T-AWS Brand License Agreement, other than for the temporary, limited and narrow incursion on AWS's exclusivity in the Licensed Territory made during the term of the License Agreement by the license granted to Licensee under section 2.1 thereof, which license is granted at AWS's request and with its permission.
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No Diminishment. The Contractor's preparation and implementation of any Schedule Recovery Plan shall in no way relieve or limit the Contractor's obligations to comply with the Critical Path Items set forth in the Milestone Schedule and to achieve RFS Acceptance by each Guaranteed RFS Date, and the Developer's acceptance of Work performed pursuant to any such Schedule Recovery Plan shall not be deemed or construed as a waiver by the Developer or any Owner of any of its rights or remedies under this Contract.
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No Diminishment. The Contractor's responsibility for the design and installation of each Outside Plant shall not in any way be diminished, nor shall the Contractor's design approach be restricted or limited, by any Owner Person's:
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No Diminishment. Inspections, reviews and approvals by the County as provided in the Agreement shall not diminish the Franchisee's obligations, rights and responsibilities or create any County liability for the Transfer Facility, Satellite Transfer Stations or the Franchisee's operation thereof.
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No Diminishment. Nothing in this Amendment No. 5 shall be construed in any way to diminish or condition any of the rights or exclusivity granted to AWS under the Brand License Agreement entered into between Licensor and AWS on June 4, 2001, other than for the temporary, limited and narrow incursion on AWS's exclusivity in the Licensed Territory made during the term of the License Agreement by the license granted to Licensee under section 2.1 thereof, which license is granted at AWS's request and with its permission.
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No Diminishment. Except as provided herein, the CITY will maintain all existing employees’ benefits and conditions of employment without diminishment during the tenn of this Agreement.
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Related to No Diminishment

  • No Diversion The Executive covenants and agrees that during the Term and the Post-Termination Period, he shall not, directly or indirectly through any other person or entity, solicit, divert, or take advantage of, or attempt to solicit, divert or take advantage of, any actual or potential customers or business opportunities (e.g., writing, issuing, underwriting, selling, distributing or re-insuring personal property and casualty insurance products, investment opportunities, and other similar opportunities) of the Company which the Executive became aware of during his employment with the Company.

  • No Disadvantage No employee shall suffer a reduction in pay as a result of the making of this Agreement. The components used to determine if any financial disadvantage has occurred are wage rates, productivity allowance and excess fares and travel time only. Site allowance, superannuation, redundancy and top-up/24 hour employee insurance contributions will not form part of an employee’s income. Further, this assessment will be based on an ordinary 36-hour working week and no overtime shall be taken into account.

  • No Dilution or Impairment The Company will not, by amendment of its Certificate of Incorporation or By-Laws or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all action as may be necessary or appropriate in order to protect the rights of the Holder against dilution, or other impairment.

  • No Nuisance Tenant shall conduct its business and control its agents, employees, invitees and visitors in such a manner as not to create any nuisance, or interfere with, annoy or disrupt any other tenant or Landlord in its operation of the Building or Project.

  • No Other Change Except as modified by this Amendment, the Agreement shall continue in full force according to its terms and is hereby ratified.

  • Material Changes; Undisclosed Events, Liabilities or Developments Since the date of the latest audited financial statements included within the SEC Reports, except as set forth on Schedule 3.1(i), (i) there has been no event, occurrence or development that has had or that could reasonably be expected to result in a Material Adverse Effect, (ii) the Company has not incurred any liabilities (contingent or otherwise) other than (A) trade payables and accrued expenses incurred in the ordinary course of business consistent with past practice and (B) liabilities not required to be reflected in the Company’s financial statements pursuant to GAAP or disclosed in filings made with the Commission, (iii) the Company has not altered its method of accounting, (iv) the Company has not declared or made any dividend or distribution of cash or other property to its stockholders or purchased, redeemed or made any agreements to purchase or redeem any shares of its capital stock and (v) the Company has not issued any equity securities to any officer, director or Affiliate, except pursuant to existing Company stock option plans. The Company does not have pending before the Commission any request for confidential treatment of information. Except for the issuance of the Securities contemplated by this Agreement or as set forth on Schedule 3.1(i), no event, liability, fact, circumstance, occurrence or development has occurred or exists or is reasonably expected to occur or exist with respect to the Company or its Subsidiaries or their respective businesses, prospects, properties, operations, assets or financial condition that would be required to be disclosed by the Company under applicable securities laws at the time this representation is made or deemed made that has not been publicly disclosed at least 1 Trading Day prior to the date that this representation is made.

  • No Control of Other Party’s Business Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, and nothing contained in this Agreement shall give the Company, directly or indirectly, the right to control or direct Parent’s or its Subsidiaries’ operations prior to the Effective Time. Prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

  • No Adverse Change Any adverse change in the financial condition, assets, liabilities, business, prospects or operations of Company;

  • No Adverse Changes Except as contemplated in the Prospectus, subsequent to the respective dates as of which information is given in the Prospectus, neither the Company nor any of its subsidiaries shall have incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions, or declared or paid any dividends or made any distribution of any kind with respect to its capital stock; and there shall not have been any material change in the capital stock (other than a change in the number of outstanding shares of Common Stock due to the issuance of shares of Common Stock upon the exercise of outstanding options or warrants), or any material change in the short-term or long-term debt of the Company, or any issuance of options, warrants, convertible securities or other rights to purchase the capital stock of the Company or any of its subsidiaries, or any development involving a prospective Material Adverse Effect (whether or not arising in the ordinary course of business), or any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, incurred by the Company or any of its subsidiaries, the effect of which, in any such case described above, in the Agent’s judgment, makes it impractical or inadvisable to offer or deliver the Shares on the terms and in the manner contemplated in the Prospectus.

  • Effect on Other Entitlements F12.13 Compassionate leave with pay will count as service for all purposes.

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