Xxxxxxent Sample Clauses

Xxxxxxent. In the event that the Pooling and Servicing Agreement is amended, this Agreement shall be deemed to have been amended and to the extent necessary to reflect such amendment to the Pooling and Servicing Agreement, but no such amendment to the Pooling and Servicing Agreement or deemed amendment to this Agreement shall increase the obligations or decrease the rights of Subservicer under this Agreement without its express written consent which consent shall not be unreasonably withheld or delayed. This Agreement may not otherwise be altered or modified except by a written instrument executed by the party against whom enforcement is sought. For so long as any ABS Issuing Entity is subject to the reporting requirements of the Exchange Act, the parties hereto may not amend or modify any provision of Section 5.12, Section 6.1(iii), clauses (i) through (n) of Section 2.4, clause (7) of Article VII, the last sentence of Section 10.12 or this sentence without the Depositor's prior written consent.
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Xxxxxxent. Any provision of this Xxxxxxxxx xxy be amended if, and only if, such amendment is in writing and signed, in the case of an amendment, by Purchaser and Seller.
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Xxxxxxent. This AGREEMENT may xx xxxxxxx xxxx xxxe to time by mutual agreement of the parties, executed and approved in the same manner as this AGREEMENT.
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Xxxxxxent. This Fourth Amended, Restated and Consolidated Master Credit Agreement, including the Schedules and Exhibits hereto. Announced Projects. The Real Estate of Borrower and its Subsidiaries described on Schedule 2.9(c) hereto which Borrower has announced as a retail shopping center development and with respect to which such Person has purchased the land related thereto, has completed construction of certain phases of the development and on which construction activities are taking place as of the date hereof. Applicable Margin. On any date, the Applicable Margin set forth below based on the ratio of the Consolidated Total Liabilities of Borrower to the Consolidated Total Assets of Borrower: PRICING LEVEL RATIO LIBOR RATE LOANS BASE RATE LOANS Pricing Level 1 Less than or equal to 55% 2.125% 0% Pricing Level 2 Greater than 55% 2.250% 0% The initial Applicable Margin shall be at Pricing Level 1. The Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Borrower to the Agent of the Compliance Certificate at the end of a fiscal quarter. In the event that Borrower shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by Section 7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Applicable Margin shall be at Pricing Level 2 until such failure is cured within any applicable cure period. Notwithstanding the foregoing, from and after March 14, 2003, the Applicable Margin for LIBOR Rate Loans under Pricing Level 1 shall be increased to 2.375% and under Pricing Level 2 shall be increased to 2.50%. Such increase shall become effective immediately and shall be applicable to any currently effective Interest Periods.
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Xxxxxxent. In the event that the Pooling and Servicing Agreement or an A/B Intercreditor Agreement is amended, this Agreement shall be deemed to have been amended and to the extent necessary to reflect such amendment to the Pooling and Servicing Agreement or such A/B Intercreditor Agreement, but no such amendment to the Pooling and Servicing Agreement or A/B Intercreditor Agreement or deemed amendment to this Agreement shall increase the obligations or decrease the rights of Primary Servicer under this Agreement without its express written consent which consent shall not be unreasonably withheld or delayed. For so long as any ABS Issuing Entity is subject to the reporting requirements of the Exchange Act, the parties hereto may not amend or modify any provision of Section 5.13, Section 6.1(c), Section 2.4(b), clause (d) of Article VII, the last sentence of Section 10.13, or this sentence without the Depositor's prior written consent. Notwithstanding anything to the contrary contained in this Section 10.11, the parties hereto agree that this Agreement may be amended pursuant to Section 5.11 herein without any notice to or consent of any of the Certificateholders, any B Note holder, Opinions of Counsel, Officer's Certificates or Rating Agency Confirmation.
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Xxxxxxent. This Deposit Escrow Agreemexx xxx xx xxxxded or modified, and any provision of this Deposit Escrow Agreement may be waived, at any time by Seller, Buyer and the Escrow Agent, but only by an instrument in writing signed by or on behalf of Seller, Buyer and the Escrow Agent.
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Xxxxxxent. The term "Equipment" shalx xxxx xxe meaning as contained in Section 2.1(a).
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Related to Xxxxxxent

  • Xxxxxx Xxxxxxx X. Xxxxxx

  • XXXXXXX Except as otherwise expressly provided herein, directors shall be elected at the organizational meeting of the Member and at each annual meeting thereafter. A decrease in the number of directors shall not shorten an incumbent director’s term. Each director shall hold office until such director resigns or is removed. Despite the expiration of a director’s term, such director shall continue to serve until the director’s successor is elected and qualifies, until there is a decrease in the number of directors or the director is removed.

  • Xxxxxxxx Dated: February 15, 2000 ------------------------------------------ W. Xxxxxxx Xxxxxx

  • Xxxxxx Xxxxxxx Copies of any notice given to the Company or the Selling Stockholder shall be given to Xxxxxx & Xxxxxxx LLP at 000 Xxxxxxxx Xxxxxx, XX, Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxx of Columbia, (fax: (000) 000-0000); Attention: Xxxxxxx X. Xxxxxxx.

  • Xxxxxxx Xxxxxx LIMITED (a company registered in England and Wales with registered number 2104188), whose registered office is at 00 Xxx Xxxxxx, London EC4M 7EN (“Xxxxxxx Xxxxxx”);

  • Xxxxx Xxxxxxxx The principal office may hereafter from time to time be moved to such other place in the United States of America as may be designated by the Sole Member and Managing Member, as hereinafter defined, with written notice to all Members. The books and records of the Company shall be maintained at the Company's principal place of business, or such other location in the United States of America as determined by the Sole Member and Managing Member with written notice to all Members.

  • Xxxxxxxx-Xxxxx The Company is in compliance, in all material respects, with all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder.

  • XXXXXXS xxx xxxxxxx xxxxxo desire to modify the Pooling and Servicing Agreement as set forth in this Amendment;

  • Xxxxxxx Xxxxxxx Seller and Buyer hereby certify that they have not themselves, nor through any third parties, purchased nor caused to be purchased in the public marketplace any publicly traded shares of the Company. Seller and Buyer further certify they have not communicated the nature of the transactions contemplated by the Agreement, are not aware of any disclosure of non public information concerning said transactions, and are not a party to any xxxxxxx xxxxxxx of Company shares.

  • Xxxxx Xxxxxxxxx 16. You shall advise by electronic mail transmission Xxxxx Xxxxxxxxx, of the Company, and such other person or persons as the Company may request, daily (and more frequently during the week immediately preceding the Expiration Date if requested) up to and including the Expiration Date, as to the number of Old Securities which have been tendered pursuant to the Exchange Offer and the items received by you pursuant to this Agreement, separately reporting and giving cumulative totals as to items properly received and items improperly received. In addition, you will also inform, and cooperate in making available to, the Company or any such other person or persons upon oral request made from time to time prior to the Expiration Date of such other information as they may reasonably request. Such cooperation shall include, without limitation, the granting by you to the Company and such person as the Company may request of access to those persons on your staff who are responsible for receiving tenders, in order to ensure that immediately prior to the Expiration Date the Company shall have received information in sufficient detail to enable it to decide whether to extend the Exchange Offer. You shall prepare a final list of all persons whose tenders were accepted, the aggregate principal amount of Old Securities tendered, the aggregate principal amount of Old Securities accepted and deliver said list to the Company.

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