Notwithstanding the definition

Notwithstanding the. Term" set forth in paragraph 3 on the face of this Agreement, this Agreement shall terminate upon written notice by Northern to Shipper within forty-five (45) days from the effective date of this Agreement if Northern determines that incomplete or inaccurate information has been submitted to effectuate this transportation service which causes such service not to comply with the Commission regulations; provided, however, Shipper shall have five (5) work days from the date of the notice to correct the information to keep the Agreement in effect.
Notwithstanding the. Target EBT" amounts set forth above, if at any time or from time to time after the date hereof the Company or any of its subsidiaries acquires a business, substantially all of the assets of a business, or any assets material to the business of the Company or any of its subsidiaries, the Board of Directors of the Company shall make such adjustments to the Target EBT amounts, if any, as the Board of Directors of the Company in its discretion deems equitable in light of each such acquisition. Any such determination by the Board of Directors shall be effective and binding for all purposes of this Agreement and the Plan.
Notwithstanding the foregoing provisions of this Section 7, in connection with any registration hereunder, each Holder of Registrable Securities being registered shall pay all underwriting discounts and commissions and any capital gains, income or transfer taxes, if any, attributable to the sale of such Registrable Securities, PRO RATA with respect to payments of discounts and commissions in accordance with the number of shares sold in the offering.

Examples of Notwithstanding the in a sentence

  • Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

  • Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements.

  • Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.

  • Notwithstanding the foregoing, in the event that any assignment of rights and obligations of any Defaulting Lender hereunder shall become effective under applicable Law without compliance with the provisions of this paragraph, then the assignee of such interest shall be deemed to be a Defaulting Lender for all purposes of this Agreement until such compliance occurs.

  • Notwithstanding the foregoing, the provisions of this Section 5.6 shall have no effect on any transfer of Warrants on and after the Detachment Date.

  • Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement.

  • Notwithstanding the foregoing, the Company may lower the Warrant Price or extend the duration of the Exercise Period pursuant to Sections 3.1 and 3.2, respectively, without the consent of the Registered Holders.

  • Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise.

  • Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be prohibited or unenforceable in such jurisdiction while, at the same time, maintaining the intent of the parties, it shall, as to such jurisdiction, be so narrowly drawn without invalidating the remaining provisions of this DPA or affecting the validity or enforceability of such provision in any other jurisdiction.

  • Notwithstanding the above, the final distribution on this Certificate will be made after due notice by the Trustee of the pendency of such distribution and only upon presentation and surrender of this Certificate at the office or agency appointed by the Trustee for that purpose as provided in the Agreement.


More Definitions of Notwithstanding the

Notwithstanding the aforementioned provisions set forth in Section 1.1, in the event that and for as long as, Mivtach holds at least 15% of the issued share capital of the Company, the Shareholders hereby agree to vote all of the Ordinary Shares now or hereafter owned by them, for the election to the Company's Board of Directors of: (i) two members designated by Mivtach, one of whom shall be appointed chairman of the Board of Directors of the Company and (ii) one member designated by Elbit.

Related to Notwithstanding the

  • Statutory maximum sentence means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

  • Determinate sentence means a sentence that states with

  • Termination following a Change of Control means a Termination of Employment within two years after a Change of Control either:

  • sentence means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense.

  • (2) In this subsection, the term fundraising’ means

  • Standard sentence range means the sentencing court's

  • (1) IN GENERAL.—The term qualified trade or business’ means any trade or business other than—

  • (3) In this subsection, the term national defense laboratory’ means any laboratory, federally funded re- search and development center (FFRDC), or other cen- ter established under section 7 or 9 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3705, 3707) that is owned by the Federal Government, whether operated by the Federal Government or by a contractor, and—

  • (5) In this section relevant insurance enactment” means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015.”

  • (a) DEFINITION.—In this section, the term covered base closure area' means a base closure area that, on or before the date of enactment of this Act [Jan. 2, 2013], was treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. L. 108–447] (15 U.S.C. 632 note).

  • Period of Limited Activity means any period of time during which a person is confined in a Hospital or nursing facility or if not confined, unable to carry on the regular and usual activities of a healthy person of the same age and sex.

  • (i) IN GENERAL.—The term base amount’ means, with respect to any quarter, an amount equal to 3 times the sum of the adjusted disburse- ments from the plan for the 12 months ending on the last day of such quarter.

  • In this award, unless the contrary intention appears:Act means the Fair Work Act 2009 (Cth)agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)crisis assistance and supported housing sector means the provision of crisis assistance and supported housing services[Definition of default fund employee inserted by PR546089 ppc 01Jan14] default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)[Definition of defined benefit member inserted by PR546089 ppc 01Jan14] defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)[Definition of disability services sector deleted by PR995399 ppc 26Mar10] [Definition of Division 2B State award inserted by PR503704 ppc 01Jan11]Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)[Definition of Division 2B State employment agreement inserted by PR503704 ppc 01Jan11] Division 2B State employment agreement has the meaning in Schedule 3A of theFair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)[Definition of employee substituted by PR997772 from 01Jan10] employee means national system employee within the meaning of the Act[Definition of employer substituted by PR997772 from 01Jan10] employer means national system employer within the meaning of the Actenterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of exempt public sector superannuation scheme inserted by PR546089 ppc 01Jan14] exempt public sector superannuation scheme has the meaning given by theSuperannuation Industry (Supervision) Act 1993 (Cth)family day care scheme sector means the operation of a family day care scheme for the provision of family day care serviceshome care sector means the provision of personal care, domestic assistance or home maintenance to an aged person or a person with a disability in a private residence[Definition of MySuper product inserted by PR546089 ppc 01Jan14] MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client[Definition of social and community services sector varied by PR995399 ppc 26Mar10] social and community services sector means the provision of social and community services including social work, recreation work, welfare work, youth work or community development work, including organisations which primarily engage in policy, advocacy or representation on behalf of organisations carrying out such work and the provision of disability services including the provision of personal care and domestic and lifestyle support to a person with a disability in a community and/or residential setting including respite centre and day services[Note inserted by PR531544 ppc 21Nov12] To avoid doubt, an employee will not be precluded from being engaged under Schedule B, instead of another schedule, merely because they provide services in a private residence or in outreach.standard rate means the minimum wage for a Social and community services employee level 3 at pay point 3 in clause 15.3transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

  • Standstill Period means the period commencing on the date of a Change of Control and continuing until the close of business on the last business day of the 24th calendar month following such Change of Control.

  • Protection Period means the period beginning on the Change in Control Date and ending on the last day of the 24th calendar month following the Change in Control Date.

  • (A) IN GENERAL.—The term multiple tax’ means any tax that is imposed by one State or political subdivision thereof on the same or essentially the same electronic commerce that is also subject to another tax imposed by another State or political subdivision thereof (whether or not at the same rate or on the same basis), without a credit (for ex- ample, a resale exemption certificate) for taxes paid in other jurisdictions.

  • (8) In this section relevant authority” means the parking authority.”

  • (3) In this section relevant enactment” means—

  • Limitation Period means any period while any amount remains owing on the Note and interest on such amount, calculated at the applicable interest rate, plus any fees or other sums payable under any Loan Document and deemed to be interest under applicable law, would exceed the amount of interest which would accrue at the Highest Lawful Rate.

  • (7) In this section devolved matters” means matters that—

  • Expense Limit means the percentage of a Fund’s average annual net assets (on an annualized basis) set forth below. The Adviser agrees to waive advisory fees and, to the extent necessary, reimburse other expenses of the Fund, in an amount equal to the amount by which the Expenses of such Fund exceed the Expense Limit for such Fund set forth in the table below. The Expense Limit for each of the Funds indicated below for the purposes of this Appendix shall be as follows: Expiration Date of Fund Annual Expense Limit Expense Limit None APPENDIX C Class Level Contractual Expense Limitations For purposes of this Appendix:

  • (b) As used in this section, claim' means a bill or an invoice submitted to a governmental entity for goods or services.

  • (4) In this section primary legislation” means—

  • Control Period means the period during which the norms for determination of tariff specified in these regulations shall remain valid;

  • Restriction Termination Date means the first day after the Commencement of the Initial Public Offering on which the Company determines pursuant to Section 7.4 that it is no longer in the best interests of the Company to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is no longer required in order for the Company to qualify as a REIT.

  • Early Opt-in Effective Date means, with respect to any Early Opt-in Election, the sixth (6th) Business Day after the date notice of such Early Opt-in Election is provided to the Lenders, so long as the Administrative Agent has not received, by 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Early Opt-in Election is provided to the Lenders, written notice of objection to such Early Opt-in Election from Lenders comprising the Required Lenders.