or 4. 4.7. All material recording or other similar taxes required to be paid by any Loan Party under applicable Legal Requirements currently in effect in connection with the execution, delivery, recordation, filing, registration, perfection or enforcement of any of the Loan Documents have been paid.
or 4. 16.3.4, the rights and obligations of the Parties shall be the same as if the Contract was terminated pursuant to Section 4.16.2.
or 4. 2.2. The Participant shall also have the right to elect and change settlement options by providing written notice to the Bank and the Insurer.
or 4. 3. to reduce the liability of the Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender in its sole discretion, except that such Lender shall have no obligation to designate a Lending Office located in the United States of America.
or 4. 05 in a manner that would alter the pro rata sharing of payments required thereby, this Section 12.04 or modifies the definition of “Majority Lenders” shall be effective without consent of all Lenders; (ii) no amendment, modification or waiver which increases the Maximum Revolving Credit Amount of any Lender shall be effective without the consent of such Lender; and (iii) no amendment, modification or waiver which modifies the rights, duties or obligations of the Administrative Agent shall be effective without the consent of the Administrative Agent. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except that the Commitment of such Lender may not be increased or extended without the consent of such Lender. If a Lender does not consent to a proposed amendment, consent, waiver or release with respect to a Loan Document that requires the consent of each Lender, if such amendment, consent, waiver or release has been approved by the Majority Lenders, Borrower may replace such non-consenting Lender pursuant to Section 5.06; provided that such amendment, consent, waiver or release can be effected as a result of the assignment contemplated by such Section (together with all other such assignments required by Borrower to be made pursuant to this paragraph).
or 4. 13.1 or arising in ordinary course of business consistent with past practice, or which in the aggregate are less than $50,000;
or 4. 5. In the event the Employee’s employment is terminated by the Employee pursuant to Section 4.2 or by the Company pursuant to Section 4.5, in either case at a time that is not within the Change of Control Period (as defined below), the Company shall pay to the Employee a severance amount equal to the sum of (i) twice his annual salary as in effect on the date of termination plus (ii) twice the amount determined by (A) adding all bonuses earned by Employee for the three most recent full fiscal years prior to the fiscal year in which Employee’s employment terminates and (B) dividing the sum of such bonuses by 3 (the sum of the amounts described in clauses (i) and (ii) is referred to herein as the “Severance Amount”). For the avoidance of doubt, the bonus component of the Severance Amount shall be determined by (a) including bonuses earned for the prior three fiscal years, regardless of whether such bonus amounts were paid during such fiscal year or in the following fiscal year and (b) excluding any bonus amount paid during any of such three fiscal years that was earned for any fiscal year prior to such three fiscal years. The Severance Amount shall be payable in a single lump sum payment on the first business day after 15 days following the termination of Employee’s employment. In addition, the vesting of all stock options, restricted stock grants and other equity awards granted to Employee prior to the date of termination shall be governed by the plans under which they were granted and the terms of the agreements reflecting such grants, but for any stock option or other award that must be exercised by the Employee, the time period during which Employee may exercise the stock option or other award shall be the greater of (m) the time period set forth in the agreements reflecting such grants or (n) one year from the date of termination. In no case, however, shall the period of time to exercise any such stock option or other award extend beyond the termination date of such stock option or other award set forth in the agreement reflecting the grant of such stock option or other award. The Company shall also continue to provide to the Employee medical insurance coverage and group life insurance coverage (to the extent such benefits can be provided to non-employees, or to the extent such benefits cannot be provided to non-employees, then the cash equivalent thereof) until the date 24 months after the date of termination, provided that to the extent such payments ...
or 4. 6.1 or which failed to fund a Revolving Credit Loan or Bid Loans because the making of such Loans would contravene any Law applicable to such Bank, it shall be obligated to remove or replace, as the case may be, all Banks that have made similar requests for compensation pursuant to Section 3.4 or Section 4.6.1 or who have failed to fund such Loans. Notwithstanding the foregoing, the Administrative Agent may only be replaced subject to the requirements of Section 9.14 [Successor Administrative Agent] and provided that all Letters of Credit have expired or been terminated or replaced or adequately cash collateralized.
or 4. 4.1.3, in which case the Term shall end at 11:59:59 p.m., United States Central Time, on the effective date of such termination or the date to which this Agreement is extended.
or 4. 1.2.1 are not granted or are granted subject to undertakings, obligations or conditions having a Material Adverse Effect, the Parties shall in good faith negotiate amendments necessary or appropriate with a view to either not include the Group Companies being the subject matter of such refusal in the transaction contemplated herein or to avoid or reduce such undertakings, obligations and/or conditions and/or their respective adverse effects.
