A Non. Omnibus Commission Share of a Fund issued in consideration of the investment of proceeds of the redemption of a Non-Omnibus Commission Share of another fund (the “Redeeming Fund”) in connection with a permitted free exchange, is deemed to have a Date of Original Issuance identical to the Date of Original Issuance of the Non-Omnibus Commission Share of the Redeeming Fund, and any such Commission Share will be attributed to the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
A Non. Extension Advance shall be made in a single Borrowing upon the non-extension of the Commitment hereunder (as provided for in Section 3.6(d) of the Intercreditor Agreement) unless a Replacement Liquidity Facility shall have been delivered to the Borrower in accordance with said Section 3.6(d), by delivery to the Liquidity Provider of a written and completed Notice of Borrowing in substantially the form of Annex III attached hereto, signed by a Responsible Officer of the Borrower, in an amount equal to the Available Commitment at such time, and shall be used to fund the Class C Cash Collateral Account in accordance with said Section 3.6(d).
A Non. Extending Lender shall be obligated, at the request of the Borrower and subject to payment by the Borrower to the Administrative Agent, for the account of such Non-Extending Lender, of the principal amount of, and accrued interest on, such Lender's Loans, together with any amounts payable to such Lender pursuant to Sections 2.14, 2.15 and 2.16 and any fees or other amounts owing to such Lender under this Agreement, to transfer without recourse, representation, warranty (other than good title to its Loans) or expense to such Non-Extending Lender, at any time prior to the Revolving Termination Date applicable to such Non-Extending Lender, all of its rights (except those which by their terms survive termination) and obligations hereunder to another financial institution or group of financial institutions selected by the Borrower in consultation with the Administrative Agent and willing to participate in the facility in the place of such Non-Extending Lender; provided that, if such transferee is not a Lender, such transferee(s) satisfies all the requirements of this Agreement and the Administrative Agent and the Borrower each shall have consented to such transfer, which consent shall not be unreasonably withheld. Each such transferee shall become a Continuing Lender hereunder in replacement of the Non-Extending Lender and shall enjoy all rights and assume all obligations on the part of the Lenders set forth in this Agreement. Simultaneously with such transfer, each
A Non. Defaulting Shareholder shall give the Defaulting Shareholder a written notice of default (a “Notice of Default”), which shall describe the default in reasonable detail and state the date by which the default must be cured, which date for curing or commencing to cure shall be in accordance with the time provisions set out in this Agreement. Advance notice shall not be required prior to the taking of action by the Non-Defaulting Shareholder to provide funds pursuant to Section 8.2 to rectify the default in an emergency or if necessary to avoid Losses or breaches of contractual or regulatory obligations. Failure of a Non-Defaulting Shareholder to give a Notice of Default shall not release the Defaulting Shareholder from any of its duties under this Agreement.
A Non. Extension Advance shall be made in a single Borrowing if this Agreement is not extended in accordance with Section 3.6(d) of the Intercreditor Agreement (unless a Replacement Liquidity Facility to replace this Agreement shall have been delivered to the Borrower as contemplated by said Section 3.6(d) within the time period specified in such Section 3.6(d)) by delivery to the Liquidity Provider of a written and completed Notice of Borrowing in substantially the form of Annex II attached hereto, signed by a Responsible Officer of the Borrower, in an amount equal to the Maximum Available Commitment at such time, and shall be used to fund the Cash Collateral Account in accordance with such Section 3.6(d) and Section 3.6(f) of the Intercreditor Agreement.
A Non. Consenting Party shall become a Consenting Party with regard to an Exclusive Risk Operation at such time as the Non-Consenting Party gives notice pursuant to Article 10.4.3; provided that such Non-Consenting Party shall in no way be deemed to be entitled to any lump sum amount Cash Premium paid incident to such Exclusive Risk Operation. The Percentage Interest of such Non-Consenting Party in such Exclusive Risk Operation shall be its Percentage Interest set out in Article 3.1 (subject to election of a reduced interest under Article 5.10.1(iii)). The Consenting Parties shall contribute to the Percentage Interest of the Non-Consenting Party in proportion to the excess Percentage Interest that each received under Article 10.2.5(iii). If all Parties participate in the proposed operation, then such operation shall be conducted as a Joint Operation pursuant to Article 9.
A Non paid lunch break of either one-half (½) hour or one (1) hour duration will be taken half way through each shift. However, if job conditions require, the lunch break may be moved up to one (1) hour in either direction. If an employee is not provided time to commence his lunch period between one
A Non. Instructional Staff who is unable to report to work at the normal time will be required to make up the time at the end of the day, use vacation time, personal day, or a NSWD. Non-Instructional staff are to communicate with immediate supervisor prior to altering their work schedule. NOTE: Staff members who are unsure to which of the three (3) groups above they belong should seek clarification from their immediate supervisor. Appendix A
A Non. Voting Unit shall continue to be a Non-Voting Unit for as long as it is owned or controlled by any Sponsor Unitholder, or any other assignee or transferee of such Sponsor Unitholder; provided, however, that any such Non-Voting Unit may convert to a voting Partnership Unit and shall be entitled to the full voting rights otherwise set forth for such Partnership Unit pursuant to this Agreement in the hands of a transferee to the extent that such Non-Voting Unit is transferred to such transferee in any one or more of the following transfers: (i) a widespread public distribution of the voting Partnership Units; (ii) a transfer to the Partnership; (iii) a transfer in which no transferee (or group of associated transferees) would receive 2% or more of any “class of voting shares” (as such term is defined in in 12 C.F.R. § 225.2(q)(3)) of the Partnership; or (iv) to a transferee if such transferee would control more than 50% of every “class of voting shares” (as such term is defined in in 12 C.F.R. § 225.2(q)(3)) of the Partnership without any transfer from the transferring holder.
A Non. Distribution Guaranty Event may be cured by:
