Test Period. (a) In connection with the calculation of financial covenant compliance on a Pro Forma Basis as required by Section 10.5(c)(v) with respect to any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted Acquisition for which financial information is available, and (b) in connection with the calculation of the covenants set forth in Section 11 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant. TITLE INSURANCE COMPANY. Old Republic National Title Insurance Company.
Test Period. During the Test Period, Seller shall not sell and Deliver to Buyer, and Buyer shall not purchase and receive, any Energy or RECs produced by or associated with the Facility. Any Energy or RECs produced by or associated with the Facility during the Test Period may be sold to a Person other than Buyer.
Test Period. The parties agree that the differences in the prevailing operating conditions on each Carrier signatory to this Agreement warrant the establishment of Test Periods being developed on an individual railroad basis, pool/run by pool/run. The objective in developing Test Periods will be to establish a measurement which reflects a 12-month period of “normalized operations.” Normalized operations as defined and used herein will mean an operating pattern which is not adversely affected by the implementation of a major transaction such as an acquisition, control or merger involving two or more Carriers or any other unusual or extenuating circumstances. The Carrier will bear by a preponderance of the evidence the burden of substantiating its reasons for selecting the Test Periods proposed for runs/pools.
Test Period. See §9.1(a).
Test Period. 39 -vii- 9 AGREEMENT AND PLAN OF MERGER This Agreement and Plan of Merger ("Agreement") is made and entered into as of the 17th day of March, 1998, among Medusa Corporation, an Ohio corporation ("Company"), Southdown, Inc., a Louisiana corporation ("Parent"), and Bedrock Merger Corp., a newly formed Ohio corporation and wholly owned subsidiary of Parent ("Subcorp").
Test Period. (a) Each bargaining unit employee shall serve a working test period of one (1) year of continuous service within a class, be it initial employment or subsequent to a promotion. For part-time employees, the working test period shall be based on hours rather than calendar months [e.g., 1828 hours equal one (1) year.
Test Period. 8.2.1 Immediately upon giving notice to the Operator that the TCS-1 System is available for testing operations, the Manufacturer shall, within ten business days, at its own expense, provide a technical representative to supervise the operation of the TCS-1 for a period of three (3) days (the "Test Period"). During the Test Period, the TCS-1 System shall operate in accordance with the specifications set forth in Schedule 8.2 hereto, continually for up to 12 hours per day.