Xxxxx Sample Clauses

Xxxxx. Xxxxxxxx hereby submits to the jurisdiction of any state or federal court in the State of New York with respect to any action or proceeding in connection with this Agreement to the full extent provided in Section 12.9(a) of the Credit Agreement and Section 12.9(a) of the Credit Agreement is hereby incorporated herein by this reference.
Xxxxx. Xxxxxxxx has guaranteed (A) all Offshore Loans made to, and all other Obligations of, the Offshore Borrowers and (B) the Other Lender Guarantied Obligations, all pursuant to an Amended and Restated Domestic BorrowersGuaranty dated as of April 22, 2015 (as it may hereafter be amended, restated, supplemented or otherwise modified from time to time, being the “Domestic Borrowers’ Guaranty”).
Xxxxx. Xxxxxxxx shall pay to Bank on demand an amount equal to the Domestic Overdraft Amount then outstanding in respect of such overdraft. In addition, Xxxxx- Xxxxxxxx shall pay, on demand or, if no demand is made, on the last Business Day of each month, interest on the Domestic Overdraft Amount applicable to the Domestic Overdraft Account from time to time outstanding at a fluctuating rate per annum (calculated on the basis of a 365-day or 366-day year, as the case may be, and the actual number of days elapsed) equal to the Base Rate; provided, that, if the Domestic Overdraft Amount or interest thereon is not paid when due, the Domestic Overdraft Amount and, to the extent permitted by applicable law, any interest thereon not paid when due shall thereafter bear interest payable on demand at a rate per annum equal to the Base Rate plus 2.00% per annum; and provided, further, that, unless demand is otherwise made, the interest payable on the last Business Day of any month shall be that which is accrued and unpaid through such Business Day. Bank may, at its option, request Multicurrency Revolving Lenders to make Multicurrency Revolving Loans as provided in subsection 2.1(d) of the Credit Agreement and apply the proceeds of such Multicurrency Revolving Loans to effect payment of the Domestic Overdraft Amount as set forth above.
Xxxxx. Xxxxxxxx, Company, and the Subsidiary Guarantors, including Packaging, identified on Schedule 1.1(d) annexed to the Credit Agreement executed and delivered to Collateral Agent an Amended and Restated Security Agreement dated as of April 22, 2015 (as reaffirmed and modified by the Reaffirmation Agreement and as further amended, amended and restated and/or otherwise modified from time to time, the “Security Agreement”). The Pledge Agreement, the Security Agreement and Reaffirmation Agreement are collectively referred to herein as the “Collateral Documents”. All collateral pledged or secured by the Collateral Documents is collectively referred to herein as the “Domestic Collateral”.
Xxxxx. Xxxxxxxx has guaranteed (A) all Loans made to, and other Obligations of, the Offshore Borrowers and (B) Other Permitted Credit Exposure, in each case pursuant to a certain Amended and Restated Domestic BorrowersGuaranty dated as of April 22, 2015 (as reaffirmed by the Reaffirmation Agreement (as defined below) and as further amended, amended and restated and/or otherwise modified from time to time, the “Domestic Borrowers’ Guaranty”).
Xxxxx. Xxxxxxxx shall make each payment hereunder to Bank in lawful money of the United States of America and in same day funds at the office of Bank located at 00 Xxxx Xxxxxx, Xxx Xxxx, XX 00000.
Xxxxx. The Employee shall also be entitled to participate in any and all employee benefit plans, medical insurance plans, life insurance plans, disability income plans and other benefit plans, from time to time, in effect for executives of the Employer. Such participation shall be subject to the terms of the applicable plan documents, generally applicable Corporation policies and the discretion of the Board of Directors or any administrative or other committee provided for in, or contemplated by, such plan. In addition, the Employee shall be entitled to receive benefits which are the same or substantially similar to those which are currently being provided to the other Executives by the Employer. In addition to the above, Employee, on the third anniversary of this Agreement, shall receive stock options for forty thousand (40,000) shares of ACT stock. The option exercise price shall be fixed at a price of $.50 below the value applicable under Section 1.2(a) of this Agreement For Sale. The shares shall have demand registration rights. ACT reserves the right to require the execution of appropriate documentation at that time.
Xxxxx. Xxxxxxxx shall make each payment hereunder to Bank in lawful money of the United States of America and in same day funds at the office of Bank located at [•].
Xxxxx. The Board of Directors shall fill any vacancy, whether resulting from an increase in the number of directors or otherwise, on the Board of Directors. The Corporation elects at such time as it becomes eligible pursuant to Section 3-802 of the MGCL to make the election as provided for under Section 3-804(c) of the MGCL that, except as may be provided by the Board of Directors in setting the terms of any class or series of Preferred Shares or as may be required by the 1940 Act, any and all vacancies on the Board of Directors may be filled only by the affirmative vote of a majority of the remaining Directors in office, even if the remaining Directors do not constitute a quorum, and any Director elected to fill a vacancy shall serve for the remainder of the full term of the directorship in which such vacancy occurred.
Xxxxx. Xxxxxxxx Glass Container 936,294,711 March 17, 1987 (formerly named "OI Glass Inc. (formerly named "Xxxxx- Container FTS Inc.") Illinois Glass Container Inc." and "OI Glass Container STS Inc.") Xxxxx-Xxxxxxxx Packaging, Inc. .... OI XXXX STS Inc. 36,603,643 March 17, 1987 (formerly named "OI Glass Container FTS Inc.") OI Closure FTS Inc. ............. Xxxxx-Illinois Closure Inc. 178,638,873 March 17, 1987 (formerly named "OI Closure STS Inc.") OI Plastic Products FTS Inc. .... Xxxxx-Xxxxxxxx Plastic 510,442,205 March 17, 1987 Products Inc. OI Plastic Products FTS Inc. .... Xxxxx-Illinois Prescription 106,742,864 March 17, 1987 Products Inc. (formerly named "OI Prescription Products STS Inc.") OI Plastic Products FTS Inc. .... Xxxxx-Illinois Labels Inc. N/A November 19, 1996 OI General FTS Inc. ............. Xxxxx-Illinois General Inc. 149,900,436 March 17, 1987 (formerly named "OI General STS Inc.") OI General FTS Inc. ............. OI Castalia STS Inc. 10,140,374 March 17, 1987 OI General FTS Inc. ............. OI Levis Park STS Inc. 25,529,670 March 17, 1987 OI General FTS Inc. ............. OI AID STS Inc. 2,121,291 March 17, 1987 SCHEDULE II TO THE FOURTH AMENDED AND RESTATED INTERMEDIATE SUBSIDIARY PLEDGE AGREEMENT PLEDGE AMENDMENT This Pledge Amendment, dated as of ___________, 19__, is delivered pursuant to Section 5 of the Pledge Agreement referred to below. The undersigned hereby agrees that this Pledge Amendment may be attached to the Fourth Amended and Restated Intermediate Subsidiary Pledge Agreement dated as of November 19, 1996, among the undersigned, the other Pledgors listed on the signature pages thereof and Bankers Trust Company, as Collateral Agent (the "PLEDGE AGREEMENT"; capitalized terms defined therein being used herein as therein defined) and that the Pledged Shares listed on this Pledge Amendment shall be deemed to be part of the Pledged Shares and shall become part of the Pledged Collateral and shall secure all Secured Obligations as provided in the Pledge Agreement. Pledgor: By __________________________