TDSF definition
Examples of TDSF in a sentence
In the event that any Obligor or Affiliate Guarantor gives TDSF notice of its intention to discontinue this Guaranty and Commitment, such notice (i) shall not be effective unless it is given in accordance with Section 13 hereof and (ii) shall, if not rescinded within ten (10) Business Days, result in the occurrence of an Event of Default under Section 6(d) hereof.
The P&G Maintenance Plan will be delivered to TDSF with respect to at least one-half (1/2) of the P&G Stores by July 17, 2007 and with respect to the remainder by September 15, 2007.
Should the Obligors or Licensee default in the payment or performance of any of the Obligations and fail to cure such default within any applicable grace period, the obligations of the Affiliate Guarantors hereunder with respect to such Obligations in default shall become immediately due and payable to TDSF, for the benefit of TDSF, without demand or notice of any nature to the Affiliate Guarantors, all of which are expressly waived by the Affiliate Guarantors.
Upon the Closing, subject to satisfaction of the provisions of this Section 6.11.6(a), DEI agrees that it shall cause TDSF to execute and deliver to ▇▇▇▇▇ Fargo, as agent under the Company Credit Facility, the Designation of Secured Lender Under License Agreement included as part of Annex H hereto.
No release, discharge or waiver of, nor any consent to any departure by the Obligors or any Affiliate Guarantors from, any provision hereof shall be enforceable against or binding upon TDSF or Licensee unless in writing and executed by a duly authorized officer of each of TDSF and Licensee.
For purposes of clarification, the parties acknowledge that, following the Canadian Final Closure Date, as a result of such termination of the License Agreement, Seller shall no longer be obligated to maintain the Two Million Dollar ($2,000,000) TDSF Self-Help Fund letter of credit required under the License Agreement.
TCP, DEI and TDSF have entered into a Mutual Release Agreement, dated as of March 17, 2008 (the "Mutual Release"), and concurrently herewith, TCP, DEI and TDSF are entering into a Support Agreement, dated as of even date herewith, pursuant to which, among other things, TCP has agreed to support this Agreement and the transactions contemplated hereby, including the filings with the Bankruptcy Court described in Section 3.2 (the "Support Agreement").
The Obligors and any Affiliate Guarantors (a) certify that neither TDSF nor any Representative of TDSF has represented, expressly or otherwise, that TDSF would not, in the event of any such dispute, seek to enforce the foregoing waivers and (b) acknowledge that, in entering into the License Documents, TDSF is relying upon, among other things, the waivers and certifications contained in this Section 18.
If at the time that any amounts are owed or otherwise payable to Seller by Buyer under this Agreement (whether at the Applicable Closing or thereafter) there are any Outstanding Royalty Amounts owed or owing by Seller to TDSF, then Buyer, in its sole discretion, may reduce any amounts owed or payable to Seller under this Agreement by an amount equal to any such Outstanding Royalty Amounts owed by Seller to TDSF at such time in satisfaction of such Outstanding Royalty Amounts.
This Guaranty and Commitment is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Guaranteed Obligations and not of their collectibility only and is in no way conditioned upon any requirement that TDSF first attempt to collect any of the Guaranteed Obligations from Licensee or resort to any collateral security or other means of obtaining payment.