The Applicable Sample Clauses
POPULAR SAMPLE Copied 1 times
The Applicable. VERSUS Entity shall have the right to create and distribute promotional and marketing literature and materials for the Services using the Licensed Marks and materials and content provided by E*TRADE hereunder. The Applicable VERSUS Entity shall furnish to E*TRADE, at no expense to E*TRADE, samples of all literature and materials containing the Licensed Marks that it distributes or intends to distribute prior to any distribution thereof. E*TRADE shall control the quality (but not the Canadian content) of all promotional and marketing literature and materials bearing the Licensed Marks and the Applicable VERSUS Entity's use of the Licensed Marks. Such quality control must be necessary, in E*TRADE's reasonable determination, to the preservation of E*TRADE's interest in the Licensed Marks, the "look and feel" and value propositions associated with the Licensed Marks, and other similar quality related standards. If E*TRADE believes that the Licensed Marks are being used by the Applicable VERSUS Entity in a manner likely to diminish E*TRADE's rights in or protection of the Licensed Marks (other than uses which are approved as of the date hereof by E*TRADE and are set forth on Attachment A and uses which are governed by applicable Canadian law with which VERSUS must comply), the Applicable VERSUS Entity agrees, at its sole cost and expense, to make whatever changes and/or corrections E*TRADE deems necessary to protect the Licensed Marks.
The Applicable. DC Advance Percentage shall be 0% and Eligible Data Communications Receivables shall not be included in the Borrowing Base unless the Banks elect, in their sole discretion, to increase the Applicable DC Advance Percentage at some subsequent date. The Banks will reconsider the Borrower's request to reestablish the Applicable DC Advance Percentage after the Banks review the Borrower's financial statements for its fiscal quarter ending on June 29, 1997.
The Applicable. Conversion Price; provided the Borrower Representative or its transfer agent may request that the Designated Holders provide any documentation required to facilitate settlement of the Conversion Shares and in such case the seven (7) trading day period shall begin after the Designated Holders deliver the required documentation to the Borrower Representative or its transfer agent. Upon any conversion of any Conversion Amount into Conversion Shares, such Conversion Amount will be deemed to have been repaid by the Borrowers upon irrevocable delivery to the Lenders of the correct number of duly and validly issued, fully paid and non-assessable Conversion Shares, issued in the name of the Designated Holder as indicated in the applicable Conversion Election Notice. For the avoidance of doubt, no premium or penalty shall apply to principal amounts converted pursuant to this Section 2.2(e) following delivery of the Prepayment Notice.