Threshold Level Sample Clauses

Threshold Level. If 90% or more in aggregate principal amount of Term Notes outstanding on the date the Change of Control Notice and the Change of Control Purchase Offer are delivered or mailed to the Lenders have been tendered for purchase and not withdrawn pursuant to the Change of Control Purchase Offer on the Change of Control Purchase Date, the Borrower has the right upon written notice (the “90% Redemption Right Notice”) provided to the Lenders within 10 days following the Change of Control Purchase Date, to redeem all the Term Notes which would otherwise remain outstanding immediately following the Change of Control Purchase Date at the Offer Price as at the Change of Control Purchase Date (the “90% Redemption Right”). The 90% Redemption Right Notice shall provide that: (A) the Borrower has exercised the 90% Redemption Right and is purchasing all outstanding Term Notes effective as of the Change of Control Purchase Date at the Offer Price, and shall include a calculation of the amount payable to such holder as payment of the Offer Price as at the Change of Control Purchase Date; and (B) each such holder must transfer his, her or its interest in Term Notes on the same terms as those holders that accepted the Change of Control Purchase Offer did and must send his, her or its Term Notes (if not then represented by a global certificate), duly endorsed for transfer, to the Security Agent within 10 days after the sending of such notice by the Borrower (the last day of such 10 day period being referred to herein as the “90% Redemption Right Tender Date”).
Sample 1
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Threshold Level. Notwithstanding anything to the contrary contained in this Article 7, Seller and Siegfried Holding on the one hand and Buyer and Arena on the other hand shall have no obligation to pay for any indemnification claim arising from a breach of a representation or warranty, unless and until the aggregate cumulative amount of such claims exceed the amount of CHF 200,000 (the "Threshold Level"). If and when the aggregate of such claims exceeds the Threshold Level, then Seller and Siegfried Holding or, as the case may be, Buyer and Arena shall be obligated for all of such indemnity claims, including the Threshold Level amount.
Sample 1

Related to Threshold Level

  • Threshold Neither the Seller nor the Purchaser shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6.

  • Sound Level Company will take all reasonable measures to reduce to a minimum vibrations that may cause damage to any equipment, structure, building or portion of any building whether on the Premises, Common Use Areas, or located elsewhere on the Airport, and to keep the sound level of its operation as low as possible.

  • Formal Level A. Level I:

  • Thresholds The threshold of a sample to constitute a positive result alcohol, drugs, or their metabolites is contained in the standards of one of the programs listed in MN Statute §181.953, subd 1. The employer shall, not less than annually, provide the unions with a list or access to a list of substances tested for under this LOA and the threshold limits for each substance. In addition, the employer shall notify the unions of any changes to the substances being tested for and of any changes to the thresholds at least thirty (30) days prior to implementation.

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Measurement Satisfactory performance of this Contract will be measured by:

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

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