Cap Expiration Date definition

Cap Expiration Date has the meaning set out in Section 8.6(a).
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Cap Expiration Date shall occur, and the provisions of this Section 2(e) shall no longer apply (unless the Holder, upon notice to the Company, imposes or reinstates a Beneficial Ownership Limitation on such Holder) on the earliest of (i) confirmation from the Trading Market that stockholder approval is not required to eliminate the Cap, (ii) approval by the Company’s stockholders of a resolution to eliminate the Cap if the Trading Market determines that stockholder approval is required to eliminate the Cap and (iii) the reasonable determination by the Company (on the advice or outside counsel) that stockholder approval is not required under applicable Trading Market listing standards or regulations to eliminate the Cap]. Any increase in the Beneficial Ownership Limitation will not be effective until the earlier of the 61st day after such notice is delivered to the Company[, or in connection with an increase in the Cap, upon any Company stockholder approval thereof]. The provisions of this Section 2(e) shall be construed and implemented in a manner otherwise than in strict conformity with the terms of this Section 2(e) to correct this Section 2(e) (or any portion hereof) which may be defective or inconsistent with the intended Beneficial Ownership Limitation herein contained or to make changes or supplements necessary or desirable to properly give effect to such limitation. The limitations contained in this Section 2(e) shall apply to a successor holder of this Warrant. 1 Based on election of Holder pursuant to Purchase Agreement.
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Examples of Cap Expiration Date in a sentence

  • Until the Property Company --------------------- obtains each required Final Cap, the Property Company shall, not later than the date one year prior to the Replacement Cap Expiration Date or New Cap Expiration Date, as applicable, deposit with the 107 Lender an amount equal to 125% of the cost, as estimated by the Lender, to obtain each required Final Cap (the "Final Cap Escrow Payment").

  • Effective not later than the Replacement Cap Expiration Date and the New ---- Cap Expiration Date, the Property Company shall obtain new Cap or Caps (each, a "Final Cap") for a period commencing on the Replacement Cap Expiration Date and --------- the New Cap Expiration Date, as applicable, and ending on the Credit Facility Termination Date.

  • Notwithstanding the preceding sentence, the applicable Cap (as reduced by indemnity payments that have been made by Seller prior to such date) for any specific claim in respect of which indemnity may be sought under this Agreement shall survive the applicable Cap Expiration Date if written notice of such claim shall have been validly delivered in good faith to Seller prior to the applicable Cap Expiration Date in accordance with Section 8.04.

  • The Initial Cap expires on ----------- October 1, 2002 (the "Initial Cap Expiration Date").

  • For clarity, if notice of a claim for $5,000,000 of Losses is asserted, but not resolved, prior to the first Cap Expiration Date and at the time of such assertion, less than $5,000,000 of indemnity payments have been made by Seller that have reduced the applicable Cap, the Cap available during the period between the first Cap Expiration Date and the second Cap Expiration Date will be $5,000,000 in respect of such previously asserted claim, and $15,000,000 for any other claims subject to the Cap.

  • Effective not later than --------------------------- Initial Cap Expiration Date, the Property Company shall obtain a new Cap (the "Replacement Cap") for a period commencing on or before the Initial Cap --------------- Expiration Date and ending not earlier than April 1, 2007 (the "Replacement Cap --------------- Expiration Date").

Related to Cap Expiration Date

  • L/C Expiration Date means the day that is thirty days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day).

  • Final Expiration Date shall have the meaning set forth in Section 7(a) hereof.

  • Term Expiration Date means the earlier of (i) the date that is thirty (30) years after the Term Commencement Date; provided that if such date occurs within an NFL Season or within thirty (30) days following an NFL Season, such date shall be automatically extended to the date that is thirty (30) days following the end of such NFL Season, as applicable, or (ii) the date on which the Stadium Lease is terminated pursuant to the express rights and terms of the Stadium Lease.

  • Initial Expiration Date is defined in Section 1.1(c) of the Agreement.

  • Lease Expiration Date means the later of (i) the date of the final payment in full of the French Advances and (ii) the Vehicle Lease Expiration Date for the last Lease Vehicle leased by the Lessee hereunder. The “Term” of this Agreement shall mean the period commencing on the Lease Commencement Date and ending on the Lease Expiration Date.