Miscellaneous Terms definition

Miscellaneous Terms. The “Requisite Commitment Parties” means Commitment Parties holding at least 50.1% of the aggregate Backstop Commitments. Customary transferability restrictions will apply with respect to the Backstop Commitments. The Company and the Debtors will make customary representations and warranties and covenants (including interim operating covenants) to the Commitment Parties and will reimburse the reasonable, documented, out-of-pocket expenses of the Commitment Parties (the “Expense Reimbursement”). Consummation of the transactions contemplated above will be subject to agreed-upon documentation and subject to customary conditions precedent. The Commitment Parties’ and the Debtors’ obligations will, in each case, be terminable upon the occurrence of certain events or the continuation of certain conditions to be reasonably agreed upon between the Debtors and the Requisite Commitment Parties. Exhibit C Transfer Agreement [FORM OF] PROVISION FOR TRANSFER AGREEMENT The undersigned (“Transferee”) (a) hereby acknowledges that it has read and understands the Restructuring Support Agreement, dated as of , 2020 (as it may be amended, restated, amended and restated, modified and/or otherwise supplemented from time to time, the “Agreement”),1 by and among the Company and each of the Consenting Creditors party thereto, (b) desires to acquire the Claims described below (the “Transferred Claims”) from one of the Consenting Creditors (the “Transferor”) and (c) hereby irrevocably agrees to be bound by the terms and conditions of the Agreement to the same extent Transferor was thereby bound with respect to the Transferred Claims, and shall be deemed a Consenting Creditor for all purposes under the Agreement. The Transferee hereby specifically and irrevocably agrees (i) to be bound by the terms and conditions of the Agreement, (ii) to be bound by the vote of the Transferor if cast prior to the effectiveness of the transfer of the Transferred Claims, except as otherwise provided in the Agreement, and (iii) that each of the Parties shall be an express third-party beneficiary of this Provision for Transfer Agreement and shall have the same recourse against the Transferee as such Party would have had against the Transferor with respect to the Transferred Claims under the Agreement. TRANSFEREE By: Name: Title: Principal amount of Term Loan Claims: $ Principal amount of Revolving Credit Facility Claims: $ Principal amount of Senior Notes: $ Principal amount of DIP Claims: $ Principal a...
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Miscellaneous Terms. Demand, presentment, protest and notice of nonpayment and dishonor of this Note are hereby waived. Unless otherwise agreed, all payments made by Borrowers to Lender in connection with the indebtedness evidenced by this Note shall be applied first toward all amounts owed to Lender for payment of attorneys' fees and costs of collection, if any, next toward payment of accrued interest and finally toward principal. If any Event of Default has occurred and is continuing, any and all sums received from or for the account of Borrowers shall be applied to any Indebtedness of any kind owed by Borrowers to Lender, whether evidenced by this Note or otherwise, in such order as Lender may elect. Each Borrower agrees that Lender may, at its option, assign all or a part of, the obligation evidenced hereby to such parties as Lender shall determine in its sole discretion, subject to the provisions of the Credit Agreement. No delay or omission on the part of Lender in exercising any right or remedy hereunder shall operate as a waiver of such right or remedy. A waiver on any one occasion shall not be construed as a bar to or waiver of any such right and/or remedy on any future occasion. Notwithstanding anything to the contrary herein, the interest rate hereon shall not exceed the maximum rate, if any, permitted by applicable law to be contracted by Borrowers for the purposes set forth herein. This Note shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. Borrowers will pay on demand, to the extent permitted by applicable law, all costs of collection, including attorneys fees actually incurred or paid by Lender in enforcing this Note. If any provision or clause of this Note shall be held or deemed to be or shall, in fact, be inoperative, invalid or unenforceable as applied in any particular case or in all cases because it conflicts with any provisions of any constitution or statute or rule of public policy, or for any other reason, such determination shall not affect in any way any other provision or clause herein which can be given effect without the inoperative, invalid or unenforceable provision or clause.
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Miscellaneous Terms means terms not otherwise defined herein shall be defined as shown in the latest edition of Standard Methods for the Examination of Water and Wastewater or other appropriate federal or state guidelines and regulations. (1969 Code, § 25-33, as replaced by Ord. #2-09, Jan. 2009, repealed by Ord. #4-09, March 2009, and replaced by Ord. #5-09, March 2009)
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Examples of Miscellaneous Terms in a sentence

  • EXHIBIT E-3 Miscellaneous Terms and Conditions Applicable to Exhibit E1) Disclaimer.

  • The Account Terms may be supplemented or amended as set forth in Section V(E) (Miscellaneous Terms).

  • Miscellaneous Terms and Conditions The University reserves the right to conduct discussions (Required) with Suppliers, and to accept revisions of proposals, and to negotiate price changes.

  • Miscellaneous Terms and Conditions No individual, department, school, college or office at the (Required) University of Iowa has the authority to solicit or receive official proposals other than the Purchasing Department.

  • Miscellaneous Terms and Conditions The successful Supplier shall not remove any records from (Required) the University of Iowa.

  • Miscellaneous Terms and Conditions Most Favored Nation: The selected Supplier represents (Required) that the terms, conditions and prices established under the subsequent contract resulting from this Request for Proposal, are equal to or better than those offered to other institutions, comparable universities, teaching hospitals, colleges, and/or community colleges.

  • Miscellaneous Terms and Conditions The successful Supplier agrees it will not use the name or (Required) intellectual property, including but not limited to, University trademarks in any manner, including commercial advertising or as a business reference, without the expressed prior written consent of the University.

  • Termination of this Agreement shall not impact any right or obligation arising prior to termination, and in any event, the parties agree that any right or obligation which, by its nature, should survive termination of this Agreement will survive any such termination (including, but not limited to Sections IV (Arbitration and Waivers) and V (Miscellaneous Terms) of this Agreement).

  • Miscellaneous Terms & Conditions 4.1 Contractor agrees that no agency, employment, joint venture, or partnership has been or will be created between the parties hereto pursuant to the terms and conditions of this Contract.

  • Any other Terms and Conditions as mentioned in the Miscellaneous Terms and Conditions for Services.


More Definitions of Miscellaneous Terms

Miscellaneous Terms. Fees for Services shall be as set forth in the Proposal. All payments shall be made to XXXX - Xxxx at the address specified on the front of the invoice. All amounts past due 30 days or more shall incur interest at the rate of 1.5% per month or the highest rate permitted by law (whichever is greater). The Customer assumes responsibility for all legal fees and other collection costs made necessary by default in payment.
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Miscellaneous Terms to address this subject. The blank line in the second item, “Signs,” will need the name of the Municipality whose laws govern any exterior signs or advertisements put up by the Lessee. In addition to naming the Municipality above, we must record the name of the State whose laws will govern this agreement on the blank line in “22. Governing Law.” We must provide a legal address where each party may use to send notices and payments to one another. In “23. Notices,” record the address the Lessor wishes his or her tenant to use when sending a rent payment or other legal notices on the blank lines under the word “Lessor.” Beneath the word “Lessee,” document the address the Lessor should use when a written notice must be delivered to the tenant (regarding this lease or the leased premises). 6 – Organize The Parties Required For This Execution The last article, “25. Binding Effect,” will require the direct participation of three parties; the Lessor, the Lessee, and a Notary Public. To begin, we must report the Calendar Date when both parties will have signed this document thus formally entering this agreement and putting it in effect. Enter this as a Colander Day, Month, and Year on the blank lines in the “In Witness Whereof…” statement. The Lessee must sign his or her name to the blank line under the words “Xxxxxx’s Signature” then print his or her name on the adjacent blank line (labeled “Printed Name”). This must be done in the presence of a Notary Public. Next, also under the direction of a Notary Public, the Lessor must sign and print his name on the blank lines labeled “Lessor’s Signature” and “Printed Name.” The remaining two areas are supplied for the use of the attending Notary Public. Two sections each titled “Acknowledgment Of Notary Public” will allow for each party to have a notarized signature presented in case they cannot be in the same room at the time. The Notary Public will determine will supply the required proofs to notarize this signing.
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Miscellaneous Terms to address this subject. The blank line in the second item, “Signs,” will need the name of the Municipality whose laws govern any exterior signs or advertisements put up by the Lessee. In addition to naming the Municipality above, we must record the name of the State whose laws will govern this agreement on the blank line in “22. Governing Law.” We must provide a legal address where each party may use to send notices and payments to one another. In “23. Notices,” record the address the Lessor wishes his or her tenant to use when sending a rent payment or other legal notices on the blank lines under the word “Lessor.” Beneath the word “Lessee,” document the address the Lessor should use when a written notice must be delivered to the tenant (regarding this lease or the leased premises). 6 – Organize The Parties Required For This Execution The last article, “25. Binding Effect,” will require the direct participation of three parties; the Lessor, the Lessee, and a Notary Public. To begin, we must report the Calendar Date when both parties will have signed this document thus formally entering this agreement and putting it in effect. Enter this as a Colander Day, Month, and Year on the blank lines in the “In Witness Whereof…” statement.
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Miscellaneous Terms to address this subject. The blank line in the second item, “Signs,” will need the name of the Municipality whose laws govern any exterior signs or advertisements put up by the Lessee. In addition to naming the Municipality above, we must record the name of the State whose laws will govern this agreement on the blank line in “22. Governing Law.” We must provide a legal address where each party may use to send notices and payments to one another. In “23. Notices,” record the address the Lessor wishes his or her tenant to use when sending a rent payment or other legal notices on the blank lines under the word “Lessor.” Beneath the word “Lessee,” document the address the Lessor should use when a written notice must be delivered to the tenant (regarding this lease or the leased premises). 6 – Organize The Parties Required For This Execution The last article, “25.
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Related to Miscellaneous Terms

  • Miscellaneous unit means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146, containment building, corrective action management unit, or unit eligible for a research, development, and demonstration permit under § 270.65, or staging pile.

  • Miscellaneous Charges mean charges that apply for miscellaneous services provided at CLEC's request or based on CLEC's actions that result in miscellaneous services being provided by CenturyLink, as described in this Agreement.

  • Miscellaneous Proceeds means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.

  • Miscellaneous You will promptly notify XOOM if there is any drastic change in your energy consumption. For the purpose of accounting both parties accept the quantity, quality and measurements determined by your local utility company. Except as provided by law, you will pay all taxes or other fees due and payable with respect to customer obligations under this Agreement. This Agreement shall be governed by the laws of the state of North Carolina without recourse to such states choice of law rules. There may be a delay before your local utility switches your natural gas supply to XOOM. XOOM is not responsible for such delays. Communications: XOOM may correspond with you by United States Postal Service, electronic means, or other method, at its sole discretion. Insolvency: You acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of the application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or to this Agreement.

  • Miscellaneous Interests means the entire interest of the Vendor in and to all property, assets and rights, other than the Petroleum and Natural Gas Rights and the Tangibles, to the extent such property, assets and rights pertain to the Petroleum and Natural Gas Rights or the Tangibles, or any rights relating thereto, including, without limitation of the generality of the foregoing, the entire interest of the Vendor in:

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • Master Definitions Schedule means the amended and restated schedule of definitions relating to the Programme originally dated the Programme Effective Date and as most recently amended and restated on 18 December 2020 (as further amended, supplemented and/or replaced from time to time).

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • Terms of Reference (TORs) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Procuring Entity and the Consultant, and expected results and deliverables of the assignment.

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the Assignment/job.

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.

  • Certain Defined Terms As used in this Agreement, the term "Prospectus" means the applicable Portfolio's prospectus and related statement of additional information, whether in paper format or electronic format, included in the Portfolio's then currently effective registration statement (or post-effective amendment thereto), and any information that we or the Portfolio may issue to you as a supplement to such prospectus or statement of additional information (a "sticker"), all as filed with the Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933. 2.

  • Use Terms means the Software Use Rights document as defined in the Order Form.

  • Standard Terms of Supply means the standard terms and conditions for Call-off Contracts set out in Schedule 5.

  • General Terms means these terms and conditions.

  • Term of Agreement shall have the meaning ascribed thereto in Article 2 of this Agreement;

  • Supplemental Provisions means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.

  • Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

  • Standard Terms means the document titled ‘Service Agreement - Standard Terms’ version 1.1, published on the website at xxxx://xxx.xxx.xxx.xxx.xx or such other website as We may from time to time notify You, as updated or replaced from time to time in accordance with clause 1.2(d)

  • Basic Terms Modification means any proposal:

  • the Second Supplementary Agreement means the Second Supplementary Agreement, a copy of which is set out in Schedule 3;

  • Defined Terms As used herein:

  • definition of Monthly Advance" in Article I is hereby amended in its entirety to read as follows:

  • the first supplementary agreement means the agreement of which a copy is set out in the Second Schedule;

  • Data Use Agreement means the agreement incorporated into the Contract to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information.

  • FBF Definitions means the definitions set out in the June 2013 FBF Master Agreement relating to transactions on forward financial instruments as supplemented by the Technical Schedules (Additifs Techniques) as published by the Fédération Bancaire Française (together the FBF Master Agreement) as may be supplemented or amended as at the Issue Date.