TAKEOVER. The acquisition by any person (defined for purposes of this Agreement to mean any person within the meaning of Section 13(d) of the Securities Exchange Act of 1934 (the "Exchange Act")), other than the Company or an employee benefit plan created by the Company's board of directors for the benefit of its Employees, either directly or indirectly, of the beneficial ownership (determined under Rule 13d-3 of the Regulations promulgated by the Securities and Exchange Commission under Section 13(d) of the Exchange Act) of securities issued by the Company having 50% or more of the voting power of all the voting securities issued by the Company in the election of directors at the next meeting of the holders of voting securities to be held for such purpose, and such person acquired such beneficial ownership without prior consent of the Company's board of directors.
TAKEOVER. 8.1 We will give you written notice under clause 7 (Default) if we take over the Project. If we so take over the Project:
TAKEOVER. In the event the Borrower wishes to utilize Borrowings to fund, or to provide funds to any Subsidiary to fund, any offer to acquire (which shall include an offer to purchase securities, solicitation of an offer to sell securities, an acceptance of an offer to sell securities, whether or not the offer to sell was solicited, or any combination of the foregoing) outstanding securities of any person (other than a private issuer as defined under the Securities Act (Alberta) or a corporation or limited partnership whose shares or units are directly or indirectly held by one person) (the "Target") where, as of the date of the offer to acquire, the securities that are subject to the offer to acquire, together with the securities of such person that are beneficially owned, or over which control or direction is exercised, by the Borrower and its Subsidiaries and any person acting jointly or in concert with any thereof on the date that the offer to acquire is made, constitute in the aggregate the lesser of such percentage of outstanding securities as is considered to be a "takeover bid" under any law or regulation applicable to the Target and ten percent (10%) or more of all of the outstanding securities of that class of securities of the person (a "Takeover"), then either:
TAKEOVER. SIXTH: Should an Event of Default occur, Surety shall have the right, at its option and in its sole discretion, and is hereby authorized, with or without exercising any other right or option conferred upon it by law or in the terms of this Agreement, to take possession of any part or all of the work, materials and equipment under any contract or contracts covered by any Bonds and any other materials or equipment which the Surety deems necessary or proper to perform any contractual work referred to in the Bonds, and at the expense of the Contractors and Indemnitors to complete or arrange for the completion of the same. The Contractors and Indemnitors shall promptly on demand pay to the Surety all Loss so incurred; provided, however, that in no event shall any Contractor or Indemnitor indemnify or hold and save harmless the Surety against any Loss arising out of the gross negligence, willful misconduct or illegal act of the Surety.
TAKEOVER. (a) In addition to and without limiting any other rights of Company hereunder, Company will have the right, but not the obligation, to take over and complete production and delivery of any and all episodes of the Series in compliance with the other provisions of this Agreement at any time after the occurrence of any of the following events:
TAKEOVER a. A candidate contracted by Xxxxxxxxx Xxxxx may not be taken over by the client or any related organization i.e. employed directly without any involvement from Xxxxxxxxx Xxxxx or working directly for the client in any similar way, through a third party or otherwise) without written permission from Xxxxxxxxx Xxxxx, until that candidate has spent at least 1800 (eighteen hundred) hours working for the client as art of the Xxxxxxxxx Xxxxx assignment, and those hours have been invoiced. A longer takeover period is applicable for some clients; this will be confirmed in the assignment confirmation. Takeovers are free of charge after the agreed period.
TAKEOVER. 18.1 The BBC shall have the right to take over the production of the Programme upon giving written notice to the Producer of its election to do so if:
TAKEOVER. 16.1 XX XXXX or any other third party nominated by XX XXXX shall have the right to take over and complete the making of the Programme and exercise the rights set out in Condition 16.2 by giving notice in writing to the Producer at any time where:-
TAKEOVER. (a) Except as otherwise provided in this Section 3.2, a "
TAKEOVER. In the event (i) of unreasonably slow progress, carelessness, inattention, or incompetency (as determined by H&P in its sole judgment) on the part of STIS in the performance of the Work; (ii) that a bankruptcy petition is filed against STIS, a receiver is appointed for STIS, or STIS becomes insolvent; or (iii) of STIS’s failure to comply with its obligations under this Contract, STIS shall be afforded a reasonable period of time, not to exceed a maximum of ten (10) days, to correct or remedy the matters complained of by H&P. Should STIS, within the time afforded by H&P, fail to correct or remedy such matters to H&P’s satisfaction, then STIS will automatically be deemed to be in default of this Contract and H&P shall have the right to take possession of the Work (including such partially constructed equipment or materials as have been generated or supplied by either party hereto) or discontinue the Work. If H&P so elects, it may take possession of the Work, as well as any or all of STIS’s tools, machinery, and equipment reasonably necessary to continue the Work, and through H&P’s employees or employees of other contractors complete the Work contemplated by this Contract. In the event that, at the time of notice of H&P’s dissatisfaction, a condition is present which represents, in H&P’s opinion, an imminent danger or hazard to the Work, H&P shall have the right to immediately take over the Work and choose to discontinue, abandon, or continue the Work as described above. In the event of any such takeover, H&P shall be entitled to recover damages equal to the amount paid by H&P to complete the Work in excess of the Contract price set forth in Paragraph 1 hereof, together with reasonable attorney’s fees. Nothing in this Paragraph 16 shall be in derogation of H&P’s other rights under this Contract.
