Waiver of Certain Conditions. The Issuer may in any particular instance, be excused from failing to comply with any term, provision or condition set forth in Section 4.02, 4.04 or 4.05, if before the time for such compliance the Holders of at least a majority in Principal Amount at Maturity of the outstanding Securities shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Issuer, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Persons entitled to waive compliance with any covenant or condition hereunder. If a record date is fixed, the Holders on such record date, or their duly designated proxies, and only such Persons, shall be entitled to waive any such compliance, whether or not such Holders remain Holders after such record date; provided that unless the Holders of at least a majority in Principal Amount at Maturity of the outstanding Securities affected shall have waived such compliance prior to the date which is 90 days after such record date, any such waiver previously given shall automatically and without further action by any Holder be canceled and of no further effect.
Waiver of Certain Conditions. The Acquiring Parties hereby waive the conditions set forth in Sections 6.9 and 6.14 of the Contribution Agreement; and thus the same shall not be a basis upon which the Acquiring Parties shall be excused from consummating the transactions contemplated by the Contribution Agreement.
Waiver of Certain Conditions. The conditions described in Sections 7.1(a), 7.1(c), 7.2(a) and 7.2(i) cannot be waived.
Waiver of Certain Conditions. 2.3 The Conditions in clauses 2.1(a) and 2.1(b) are each given for the benefit of Xxxxxx Group and the Subscriber and may only be waived in whole or in part by Xxxxxx Group and the Subscriber jointly (each, in its absolute discretion).
Waiver of Certain Conditions. EDS will waive drug tests for each Transitioned Employee as a condition of EDS’ offer of employment. For all Transitioned Employees, the Electronic Data Systems Corporation Health Benefit Plan and the Electronic Data Systems Corporation Long Term Disability Plan provide that any Transitioned Employee is not subject to any pre-existing condition limitations or exclusions; provided, however, that there may be some conditions that are covered under Xxxxxxxx Xxxxx’x health benefit plans that either are not covered or are covered in a different manner under the Electronic Data Systems Corporation Health Benefit Plan. For the calendar year in which a Transitioned Employee becomes employed by EDS, the Electronic Data Systems Corporation Health Benefit Plan, to the extent applicable, will recognize each such Transitioned Employee’s (and his or her eligible dependents’) un-reimbursed expenses to the extent that such paid expenditures are recognized under the Xxxxxxxx Xxxxx Health Benefit Plan as a deductible applicable to the particular Transitioned Employee or (eligible dependent) for the same calendar year. All Transitioned Employees receive the maximum “flexible benefit credits” (as such term is defined in the Electronic Data Systems Corporation Flexible Benefit Plan) for medical coverage elected under the Electronic Data Systems Corporation Flexible Benefit Plan. Proof of insurability will be required for certain amounts of Group Universal Life coverage as specified in the applicable policies.
Waiver of Certain Conditions. For all Transitioned Employees, the Provider’s Health Benefit Plan and the Provider’s Long Term Disability Plan provide that the Transitioned Employee will not be subject to any pre-existing condition limitations or exclusions (provided, however, that there may be some conditions that are covered under Investors’ health benefit plans that either are not covered or are covered in a different manner under the Provider’s Health Benefit Plan). For the calendar year in which a Transitioned Employee becomes employed by Provider, the Provider’s Health Benefit Plan, to the extent applicable, will recognize each such Transitioned Employee’s (and his or her eligible dependents’) unreimbursed expenses to the extent that such paid expenditures are recognized under the Investors Bank & Trust Company Omnibus Welfare Benefit Plan as a deductible applicable to the particular Transitioned Employee or (eligible dependent) for the same calendar year.
Waiver of Certain Conditions. For all Assumed Employees, Purchaser’s welfare employee benefit plans will provide that any Assumed Employee is subject to all pre-existing condition limitations or exclusions, except as reduced in accordance with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”); provided, however, that there may be some conditions that are covered under Seller’s health benefit plans that either are not covered or are covered in a different manner under the Purchaser’s welfare employee benefit plans. For the calendar year in which an Assumed Employee becomes employed by Purchaser, Purchaser’s welfare employee benefit plan, to the extent applicable, will give corresponding credit for each such Assumed Employee’s (and his or her eligible dependents’) unreimburseable expenses to the extent that such paid expenditures are recognized under Seller’s welfare employee benefit plans as a deductible applicable to the particular Assumed Employee (or eligible dependent) for the same calendar year; the Parties acknowledging that this requirement does not require Purchaser to make any cash payment to any Assumed Employee.
Waiver of Certain Conditions. 48 8.2 NOTICES........................................................................................48 8.3 TABLE OF CONTENTS; HEADINGS....................................................................49 8.4 AMENDMENT......................................................................................49 8.5 NO SURVIVAL OF REPRESENTATIONS, WARRANTIES OR COVENANTS........................................49 8.6 SEVERABILITY...................................................................................49 8.7 WAIVER.........................................................................................50 8.8 NO THIRD PARTY BENEFICIARIES; ASSIGNMENT.......................................................50 8.9 TIME OF THE ESSENCE; COMPUTATION OF TIME.......................................................50 8.10 COUNTERPARTS...................................................................................50 8.11
Waiver of Certain Conditions. Any party may, at its option, waive in writing any or all of the conditions herein contained to which its obligations hereunder are subject, except that the conditions contained in Section 6.1, and Section 6.2(a) (with respect to consents and authorizations, orders and approvals of, and filings and registrations with, any Governmental Entity) and Section 6.3(a) (with respect to consents and authorizations, orders and approvals of, and filings and registrations with, any Governmental Entity) may not be so waived.
Waiver of Certain Conditions
