and ss. 2.9.1 hereof and any required repayments under the following ss.2.9.4.
and ss. 9.7 shall be tested as of the end of each quarter, based upon the results for the trailing four quarters then ended and ss.9.1 shall also be tested on and as of the date of each new Loan hereunder.
and ss. 571.9). The Executive may also serve as an officer or director of the Mutual Holding Company on such terms and conditions as the Bank and the Mutual Holding Company may mutually agree upon, and such service shall not be deemed to materially interfere with the Executive's performance of his duties hereunder or otherwise to result in a material breach of this Agreement.
and ss. 10.4 and a favorable opinion addressed to the Lenders and the Agent, in form and substance reasonably satisfactory to the Lenders and the Agent as to the matters addressed in the opinions delivered pursuant to ss.10.5, relating to the Loan Documents executed by Borrower and or the Mortgagor with respect to the Additional Property and relating to the laws of the state where the Additional Property is located.
and ss. 2.1); a forgiveness, reductION or waiver of the principal of any unpaid Loan or any interest thereon or fee payable under the Loan Documents; a change in the amount of any fee payable to a Lender hereunder; the postponement of any date fixed for any payment of and fees or any principal of or interest on any Loan; an extension of the Maturity Date; a change in the manner of distribution of any payments to the Lenders or the Agent; the release of the Borrower or any Guarantor or any Collateral or the subordination of any lien in favor of the Agent on behalf of the Lenders with respect to any Collateral except as otherwise provided in ss.5.3, ss.5.4, ss.5.5 or ss.14.11; an amendment of the definiTIOn of Required Lenders or of any requirement for consent by all of the Lenders; any modification to require a Lender to fund a pro rata share of a request for an advance of the Loan made by the Borrower other than based on its Commitment Percentage; an amendment to this ss.29; a waiver of any indemnity of a Lender; or an amendment of anY provision of this Agreement or the Loan Documents which requires the approval of all of the Lenders or the Required Lenders to require a lesser number of Lenders to approve such action. The provisions of ss.2.10 and ss.14 may not be amended without the written consent of the Issuing Lender or the Agent, respectively. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon any of the Borrower or the Guarantors shall entitle the Borrower or any Guarantor to other or further notice or demand in similar or other circumstances.
and ss. 2.8 of this Agreement for two (2) years after the effective date of such termination or the cash equivalent of such perquisites, benefits, services and equipment (to the extent that Post and Executive agree on such cash equivalent), and
and ss. 2.8 of this Agreement for three (3) years after the effective date of such termination or the cash equivalent of such perquisites, benefits, services and equipment (to the extent that Post and Executive agree on such cash equivalent), (v) fully vest all of Executive's stock options and make such options exercisable for the maximum permissible term under the terms of the plan under which the options were granted or for two years, whichever is less, and (vi) waive any restrictions on Executive's right to receive any restricted stock which had been granted to Executive.
and ss. 5.1.16 shall not be conditions to Owner Participant's obligations.
and ss. 2.15 of the Mortgage, the parties agree to cooperate and to enter into such amendments or supplemental agreements as may be necessary to effectuate thE transaction contemplated by this ss. 11.6. If Lessee so elects, then, upon compliance with ss. 17.3 of the Lease, Owner Trustee will transfer to Lessee, without recourse or warrantY (except as to the absence of Lessor Liens) but subject to the Lien of the Mortgage, all of Owner Trustee's right, title, and interest in and to the Aircraft, and each of the parties hereto shall execute and deliver appropriate documentation permitting Lessee to assume such obligations on the basis of full recourse to Lessee, maintaining for the benefit of the Note Holders the security interest in the Aircraft created by the Mortgage, and upon compliance with this ss. 11.6 and ss. 2.15 of the Mortgage, such documentation shall become effective and Owner Participant and Owner Trustee shall be released from All future obligations in respect of the Equipment Notes, the Mortgage, and all other Operative Agreements, except any obligations arising (or with respect to events occurring) before such assumption, and take all such other actions as are reasonably necessary to permit such assumption by Lessee.
and ss. 2.15 oF the Mortgage, (y) the due authorization, execution, delivery, validity, and enforceability of the instruments referred to in clauses (1) and (6), and (z) the continued perfection of the first-priority Lien on the Aircraft for the benefit of the registered owners of the Equipment Notes, and the due filing of the Uniform Commercial Code financing statements and the other documents referred to in clause (2), (bb) from counsel to Mortgagee, counsel to Lessee and Guarantor, counsel to Owner Trustee, and special aviation counsel, a legal opinion comparable to the respective opinions delivered on the Delivery Date (including, in the case of Lessee's counsel, a favorable opinion regarding the availability of the protections available under Section 1110 of the Bankruptcy Code), with such changes therein as may be appropriate in light of such assumption, and (cc) in the case of each opinion described in subclause (aa) or (bb) of this clause (9), covering such additional matters as Mortgagee, Owner Trustee, or any Note Holder reasonably requests.
