or 3 Sample Clauses

or 3. [ALE Option 1 and Grassland Option 1]Separate conveyance of a portion of the [Insert Defined Term for Parcel] or division or subdivision of the [Insert Defined Term for Parcel] is prohibited, except where state or local regulations explicitly require subdivision to construct residences for employees working on the [Insert Defined Term for Parcel]. Grantor shall provide written notice and evidence of such requirements to Grantee and the Chief of NRCS or his or her authorized designee (Chief of NRCS) prior to division of the [Insert Defined Term for Parcel]. [ALE Option-2] The [Insert Defined Term for Parcel] shall not be divided or subdivided into, or separately conveyed as, more than farm or ranch parcels ( division(s) allowed), the boundaries of which have been identified in EXHIBIT , which is appended to and made a part of this Agricultural Land Easement. To ensure the future agricultural viability of the [Insert Defined Term for Parcel], the boundaries of such division(s) have been pre-approved in writing by Xxxxxxx and the Chief of NRCS or his or her authorized designee (Chief of NRCS). Deviations from the identified boundaries will not be allowed. Grantor shall give Grantee and the Chief of NRCS written notice prior to subdividing, dividing or separately conveying a parcel(s) of the [Insert Defined Term for Parcel]. The division, subdivision or separate conveyance of a parcel(s) of the [Insert Defined Term for Parcel] as provided in this Paragraph, will not affect the right of the Grantor, its heirs, successors, or assigns to make additional approved division(s) of the [Insert Defined Term for Parcel] identified in EXHIBIT . [ALE Option-3] The [Insert Defined Term for Parcel] shall not be divided or subdivided into, or separately conveyed as, more than farm or ranch parcels ( division(s) allowed). To ensure the future agricultural viability of the [Insert Defined Term for Parcel], the boundaries of such division(s) must be approved in writing by Xxxxxxx and the Chief of NRCS or his or her authorized designee (Chief of NRCS) before any such division, subdivision or separate conveyance occurs. The Chief of NRCS may only approve the division, subdivision or separate conveyance of the [Insert Defined Term for Parcel] into separately conveyable farm or ranch parcels when:
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or 3. 2. The Holder shall designate at the time of exercise whether the Holder is exercising an A Warrant or a B Warrant and the number of shares of Common Stock to be purchased respectively thereunder. This Warrant amends and restates, supersedes and replaces that certain Warrant dated July 1, 1997, among the Company, the Initial Holder and Capstar Broadcasting Partners, Inc. Certain terms used in this Warrant are defined in Article V.
or 3. 16 would apply to any of the Obligation. If any of the conditions of Sections 3.15 or 3.16 ever apply to a Lender, then such Lender shall, to the extent possible, carry or transfer its Borrowings at, to, or for the account of any of its branch offices or the office or branch of any of its Affiliates so long as the transfer is consistent with the other provisions of this Section, does not create any burden or adverse circumstance for such Lender that would not otherwise exist, and eliminates or ameliorates the conditions of Sections 3.15 or 3.16 as applicable.
or 3. 2.1 above and the parties fail to reach a mutually satisfactory resolution after good faith negotiation within ninety (90) days after such failure; provided, in the event that the party which failed to meet the milestone used reasonable good faith efforts to accomplish such milestone, then the Agreement shall not terminate, but, at the election of the non-breaching party may be modified as follows:
or 3. 3. If Borrower fails to specify a Type of Loan in a Borrowing Request, then the applicable Loan shall be made as a Eurodollar Rate Loan, unless otherwise required by Sections 3.2 or 3.3. A Eurodollar Rate Loan may not be converted to a Base Rate Loan, unless Administrative Agent elects to permit such conversion in Administrative Agent’s sole discretion, or unless otherwise required by Sections 3.2 or 3.3.
or 3. 1.2 and delivered to the Borrower, shall be conclusive absent manifest error. The Borrower shall pay such Lender or the Issuing Bank, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.
or 3. 15.5 as there is no longer a school at these locations. Note: Omarama has been deleted from the locations listed in Appendix 1 because it is now in Category 2, i.e. its location is between 101-150kms from a population of greater than 1,500 people.
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or 3. 1.3 shall be effective; (iii) without the prior written consent of all Lenders, no waiver of any Default or Event of Default shall be effective if the Default or Event of Default relates to Borrowers’ failure to observe or perform any covenant that may not be amended without the unanimous written consent of Lenders (and, where so provided hereinafter, the written consent of Agent) as hereinafter set forth in this Section 12.9.1; and (iv) the written agreement of all Lenders (except a defaulting Lender as provided in Section 3.2 of this Agreement) shall be required to effectuate any amendment, modification or waiver that would (a) alter the provisions of Sections 2.2, 2.4, 2.6, 2.7, 2.8, 2.9, 4.6, 4.7, 4.9, 4.10, 5.1, 12, 13, 14.2, 14.3 or 14.14,(b) amend the definitions of “Pro Rata,” “Required Lenders,” “Availability Reserve,” “Borrowing Base” (and the other defined terms used in such definitions) or if the effect would be to increase the amount of Availability, any provision of this Agreement obligating Agent to take certain actions at the direction of the Required Lenders, or any provision of any of the DIP Loan Documents regarding the Pro Rata treatment or obligations of Lenders, (c) increase or otherwise modify any of the Commitments (other than to reduce proportionately each Lender’s Commitment in connection with any overall reduction in the amount of the Commitments), (d) alter or amend (other than to increase) the rate of interest payable in respect of the Loans (except as may be expressly authorized by the DIP Loan Documents or as may be necessary, in Agent’s judgment, to comply with Applicable Law), (e) waive or agree to defer collection of any fee, termination charge or other charge provided for under any of the DIP Loan Documents (except to the extent that the Required Lenders agree after and during the continuance of any Event of Default to a waiver or deferral of any termination charge provided for in Section 5.2.3 hereof) or the unused line fee in Section 2.2.3 hereof, (f) subordinate the payment of any of the Obligations to any other Debt or the priority of any Liens granted to Agent under any of the DIP Loan Documents to Liens granted to any other Person, except for Liens granted by an Obligor to financial institutions with respect to amounts on deposit with such financial institutions to cover returned items, processing and analysis charges and other charges in the Ordinary Course of Business that relate to deposit accounts with such fina...
or 3. 4.2 and delivered to the Company shall be conclusive absent manifest error. The Company shall pay such Bank the amount shown as due on any such certificate within 10 days after receipt thereof.
or 3. .04. The Borrower shall (x) pay in full all principal, interest, fees and other amounts owing to such Lender through the date of removal or replacement (including any amounts payable pursuant to Section 3.05), (y) provide appropriate assurances and indemnities (which may include letters of credit) to the L/C Issuer and the Swing Line Lender as each may reasonably require with respect to any continuing obligation to purchase participation interests in any L/C Obligations or any Swing Line Loans then outstanding, and (z) release such Lender from its obligations under the Loan Documents. Any Lender being replaced shall execute and deliver an Assignment and Assumption with respect to such Lender's Commitment and outstanding Credit Extensions. The Administrative Agent shall distribute an amended Schedule 2.01, which shall be deemed incorporated into this Agreement, to reflect changes in the identities of the Lenders and adjustments of their respective Commitments and/or Pro Rata Shares resulting from any such removal or replacement.
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