SUBPART Clause Samples

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SUBPART. Section 1.1 of the Existing Credit Agreement is hereby further amended as follows: (i) The definition of "Applicable Base Rate Margin" contained in Section 1.1 is hereby amended in its entirety to read as follows:
SUBPART. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical order:
SUBPART. Sale of ▇▇▇▇▇▇▇▇▇ Broadcasting, Inc. The Agent shall have received a certificate executed by an officer of the Borrower stating that the sale of ▇▇▇▇▇▇▇▇▇ Broadcasting, Inc. shall have been consummated.
SUBPART. 3.1 Notwithstanding the provisions of Section 9.7 of the Credit Agreement or any other provision thereof, the Lenders hereby consent to the Investment of up to $6,000,000 by one or more of the Borrowers in Micrologic, Inc. ("MicroLogic"), provided, that (i) the Agent shall have received a copy of the internal analysis and/or briefing materials prepared by the Company for making the Investment, (ii) the Agent shall have received an audit of the financial condition of MicroLogic conducted by a firm of independent certified public accountants of nationally recognized standing reasonably acceptable to the Agent or, if no such audit is available, such other financial statements and information as the Agent shall deem appropriate under the circumstances, (iii) the Agent shall have completed a field examination with respect to the working capital assets of MicroLogic if such assets are to be included in the Borrowing Base, (iv) the Agent shall have received all items required by Sections 7.8 and 7.16 in connection with MicroLogic if MicroLogic will become a Subsidiary after the making of the Investment, (v) in the event that MicroLogic will become a Subsidiary after the making of the Investment, the board of directors (or other comparable governing body) of MicroLogic shall have duly approved the acquisition of MicroLogic by the Company, (vi) the Company shall have delivered to the Agent a Compliance Certificate demonstrating that, upon giving effect to such Investment as if it had been consummated on the first day of the immediately preceding completed four consecutive fiscal quarters, the Company and its Subsidiaries shall be in pro forma compliance with the leverage covenant set forth in Article VIII of the Credit Agreement, (vii) no Default or Event of Default shall exist immediately prior to or immediately after the making of the Investment, (viii) after giving effect to the Investment, Excess Availability shall be greater than $25,000,000 and (ix) the Company shall have delivered to the Agent all documents related to the Investment which documents shall be satisfactory to the Agent.
SUBPART. Amendments to Article VII. Article VII of the Credit Agreement ("COVENANTS") is hereby amended as set forth in this Subpart 2.2.

Related to SUBPART

  • Compliance with Regulation AB The Servicer agrees to perform all duties and obligations applicable to or required of the Issuer set forth in Appendix B attached hereto and made a part hereof in all respects and makes the representations and warranties therein applicable to it.

  • Reportable Events under Section III J.1.d. For Reportable Events under Section III.J.1.d, the report to OIG shall include documentation of the bankruptcy filing and a description of any Federal health care program requirements implicated.‌

  • Regulation AB The Owner Trustee acknowledges and agrees that the purpose of this Section 10.13 is to facilitate compliance by the Trust with the provisions of Regulation AB and related rules and regulations of the Commission. The Owner Trustee acknowledges that interpretations of the requirements of Regulation AB may change over time, whether due to interpretive guidance provided by the Commission or its staff, consensus among participants in the asset-backed securities markets, advice of counsel, or otherwise, and agrees hereby to comply with reasonable requests made by the Servicer in good faith for delivery of information under these provisions on the basis of evolving interpretations of Regulation AB. The Owner Trustee shall cooperate fully with the Servicer and the Trust to deliver to the Servicer and the Trust any and all statements, reports, certifications, records and any other information necessary in the good faith determination of the Servicer to permit the Servicer and the Trust to comply with the provisions of Regulation AB, together with such disclosures relating to the Owner Trustee reasonably believed by the Servicer to be necessary in order to effect such compliance.

  • Other Governmental Regulations To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

  • Regulation AB Compliance If at any time the Custodian is not also serving as Servicer under the Servicing Agreement, the Custodian shall: (i) deliver to the Servicer on or before March 10 of each year, beginning March 10, 2012 (or, if such date is not a Business Day, the next succeeding Business Day), a report, dated as of December 31 of the preceding calendar year, of its assessment of compliance with the Servicing Criteria applicable to it with respect to such calendar year (or, in the case of the first year, since no later than the Closing Date), including disclosure of any material instance of non-compliance identified by the Custodian, as required by Rule 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB under the Securities Act, and (ii) cause a firm of registered public accountants that is qualified and independent within the meaning of Rule 2-01 of Regulation S-X under the Securities Act to deliver to the Servicer on or before March 15 (or, if such date is not a Business Day, the next succeeding Business Day) of each year, beginning March 15, 2012, an attestation report that satisfies the requirements of Rule 13a-18 or Rule 15d-18 under the Exchange Act, as applicable, of the assessment of compliance with Servicing Criteria with respect to the prior calendar year (or, in the case of the first year, since no later than the Closing Date). (iii) The reports under this Section 4(f) shall be delivered on or before April 15 (or, if such date is not a Business Day, the next succeeding Business Day) of each calendar year if the Issuing Entity is not required to file periodic reports under the Exchange Act or any other law, beginning April 15, 2013.