Back to Table of Contents. DEFINITIONS Terms in this Agreement shall be defined as follows:
Back to Table of Contents. MEDICAL ARBITRATION Should the County determine that any employee is physically or mentally unfit to perform the essential duties for which the employee was employed, the employee may, at their option, have a review of the case in the following manner:
Back to Table of Contents notice was defective or not given. Each notice shall state (i) the redemption date; (ii) the redemption price; (iii) the number of units of Series A Preferred Units to be redeemed; (iv) the place or places where units of Series A Preferred Units are to be surrendered for payment of the redemption price; and (v) that dividends on the Series A Preferred Units to be redeemed shall cease to accrue on such redemption date. If fewer than all of the units of Series A Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of units of Series A Preferred Units held by such holder to be redeemed.
Back to Table of Contents policies of a Person, whether through the ownership of voting securities, by contract or otherwise.
Back to Table of Contents actions. The proceeds of each Loan made hereunder shall be advanced to or at the direction of Borrower Representative and if not used by Borrower Representative for the purposes provided in this Agreement shall be deemed to be immediately advanced by Borrower Representative to the appropriate other Borrower hereunder as an intercompany loan (collectively, "Intercompany Loans"). Administrative Agent and each Lender may regard any notice or other communication pursuant to any Financing Document from Borrower Representative as a notice or communication from all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or all Borrowers hereunder to Borrower Representative on behalf of such Borrower or all Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.
Back to Table of Contents that necessary to operate the applicable Project for the purposes set forth herein or in amounts used in the ordinary course of business, or (B) fully disclosed to and approved by Administrative Agent; to each Borrower's knowledge, Hazardous Materials have not been Released or threatened to be Released into the environment, at, on, under or near any of the Projects in a manner that would require the taking of any action under any Environmental Law and that have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of any Borrower in excess of $250,000; and no portion of any Project is being used, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law in any material respect nor, to each Borrower's knowledge, is any such property affected by any Hazardous Materials Contamination;
Back to Table of Contents. 4.6 shall give the applicable Borrower commercially reasonable prior notice of such exercise, and shall not (except for and in addition to the annual inspection fee) require Borrower to reimburse the costs and expenses incurred in connection with such visit or inspection for more than one (1) visit per year. No notice shall be required during the existence and continuance of any Event of Default.
Back to Table of Contents. Environmental Law requiring the performance at any Project by any Borrower or any other Credit Party of activities in response to the Release or threatened Release of a Hazardous Material.
Back to Table of Contents. Without Administrative Agent's prior written consent which may be granted or withheld in Administrative Agent's sole and absolute discretion, no Borrower will amend any Management Agreement. Each Borrower shall, prior to entering into any amendment or other modification of any of the foregoing documents, deliver to Administrative Agent reasonably in advance of the execution thereof, any final or execution form copy of amendments or other modifications to such documents.
Back to Table of Contents. No Borrower will, directly or indirectly, knowingly enter into any Financing Documents or Material Contracts with any Person listed on the OFAC Lists. Each Borrower shall immediately notify Administrative Agent if such Borrower has knowledge that any Borrower or any additional Credit Party is listed on the OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
