Prior to the occurrence of a Termination Event and before the Collateral Agent has received notice of such Termination Event and after the waiver of any Termination Event that may have occurred, the Collateral Agent shall not be bound to make any investigation into the facts of matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval, bond or other paper or document, unless requested in writing so to do by a Secured Party; provided, however, that if the payment within a reasonable time to the Collateral Agent of the costs, expenses or liabilities likely to be incurred by it in the making of such investigation shall be, in the opinion of the Collateral Agent, not reasonably assured by the Debtor, the Collateral Agent may require reasonable indemnity against such cost, expense or liability as a condition to so proceeding. The reasonable expense of every such examination shall be paid by the Debtor or, if paid by the Collateral Agent, shall be reimbursed by the Debtor upon demand.
Prior to the. 1929 Warsaw Conference In the pre-Warsaw negotiation time, the text prepared by the French govern- ment prior to the 1925 Paris Conference did not make reference to the concept of ‘accident’,11 merely providing that: Le transporteur est responsable des pertes, avaries et retards qui résultent de ses fautes personnelles et du vice propre de l’appareil.12 The draft text adopted at the end of the 1925 Paris Conference did, however, include the term ‘accident’ in the list of damages that could trigger carrier liability: Le transporteur est responsable des accidents, pertes, avaries et retards. Il n’est pas responsable s’il prouve avoir pris les mesures raisonnables pour éviter le dommage; cette preuve est admise même dans le cas où le dommage provient d’un vice propre de l’appareil.13 7 1999 Montreal Convention, Article 1(2). 8 1999 Montreal Convention, Article 33(3)(a). 9 1999 Montreal Convention, Article 33(3)(b). 10 1999 Montreal Convention, Article 52. 11 With the exception provided in Article 8, that an action could be brought in the place where the accident occurred.
Prior to the issuance of the Certificate of Completion for the shopping center renovations (Phase I) the owner shall make the following improvements or commitments to the City:
Prior to the issuance of each series of securitized bonds, the electric utility shall
Prior to the. “Time Off Draw” date, and after the last day of submission of Time Off requests, one or two days will be set aside to allow the Paper Mill Superintendent or designate and designated Union representative, to enter those requests for Time Off into the “Time Off Book” that do not exceed the allotment per group.
Prior to the issuance of a building permit for either the commercial or residential portions of the proposed development, the Developer shall make the following commitments to the City to mitigate the impacts of the proposed Development upon City Services and facilities.
Prior to the. Submission Deadline on each Auction Date, each Existing Holder may submit Orders through a Broker-Dealer to the Auction Agent as follows: o Hold Order--indicating its desire to hold Preferred Shares without regard to the Applicable Rate for the next Dividend Period. o Bid--indicating its desire to hold Preferred Shares provided that the Applicable Rate for the next Dividend Period is not less than the rate specified in such Bid. o Sell Order--indicating its desire to sell Preferred Shares without regard to the Applicable Rate for the next Dividend Period. An Existing Holder may submit different types of Orders in an Auction with respect to the Preferred Shares then held by such Existing Holder, provided that the total number of Preferred Shares covered by all such Orders does not exceed the number of Preferred Shares held by such Existing Holder. An Existing Holder that offers to purchase additional Preferred Shares is, for purposes of such offer to purchase additional shares, treated as a Potential Holder as described below. Bids submitted by Existing Holders with rates higher than the Maximum Applicable Rate will be treated as Sell Orders. A Hold Order shall be deemed to have been submitted on behalf of an Existing Holder if an Order is not submitted on behalf of such Existing Holder for any reason, including the failure of a Broker-Dealer to submit such Existing Holder's Order to the Auction Agent. The Maximum Applicable Rate in any Auction will be 175% of the 30-day "AA" Composite Commercial Paper Rate in effect at the close of business on the Business Day next preceding the applicable Auction Date. Potential Holders of Preferred Shares may submit Bids in which they will offer to purchase Preferred Shares, if the Applicable Rate for the next Dividend Period is not less than the rate specified in such Bid. A Bid submitted by a Potential Holder with a rate higher than the Maximum Applicable Rate will be rejected. If Sufficient Clearing Bids exist (that is, the number of Preferred Shares subject to Bids by Potential Holders is at least equal to the number of Preferred Shares subject to Sell Orders by Existing Holders), the Applicable Rate will be the lowest rate specified in the Submitted Bids which, taking into account such rate and all lower rates bid by Existing Holders and Potential Holders, would result in such Existing Holders and Potential Holders owning all of the Preferred Shares available for purchase in the Auction. If Sufficient Clearing Bids ...
Prior to the. Closing Buyer shall make an offer of employment to each of Seller's employees set forth on Schedule 6.8.1 (the "Transferred Employees") pursuant to and substantially in the form of Exhibit N hereof, which also includes the form of Buyer's confidential information and invention assignment agreement (each of which must be executed and delivered to Buyer in order for the Transferred Employee to become employed by Buyer). Seller and Buyer agree that Schedule 6.8.1 shall be brought current immediately prior to the Closing Date to assure that each then current employee of Seller who was hired by Seller after the date of this Agreement, consistent with Seller's covenants herein, receives an offer of employment from Buyer prior to the Closing.
Prior to the. Distribution Date, the Corporation may, subject to Section 27(b), supplement or amend any provision of this Agreement without the approval of any holders of certificates representing Common Shares. From and after the Distribution Date, the Corporation may, subject to Section 27(b), supplement or amend this Agreement without the approval of any holders of Rights Certificates (i) to cure any ambiguity, (ii) to correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions herein, (iii) subject to the proviso to this sentence, to shorten or lengthen any time period hereunder or (iv) to change or supplement the provisions hereunder in any manner which the Corporation may deem necessary or desirable and which shall not adversely affect the interests of the holders of Rights Certificates (other than the interests of any Acquiring Persons and its Affiliates and Associates); provided, however, that this Agreement may not be so supplemented or amended to lengthen any time period pursuant to clause (iii) next preceding unless such lengthening is for the purpose of protecting, enhancing or clarifying the rights of, and the benefits to, the holders of
Prior to the. Second National Convention of the BLET-UTU and after the applicable Locals have consolidated as per Section 7 of this agreement, BLET and UTU General Committees having approximately the same geographical and carrier jurisdiction MUST consolidate into one new General Committee of Adjustment. This consolidation will be done at a meeting of all GCA delegates from the newly merged locals. Consolidation will be governed by procedures to be established by the Executive Council.
