Existing Commitments. To terminate and cancel any existing commitment to the Borrower or Guarantor for a line of credit, loan, or balance of the Revolving Loan.
Existing Commitments. Description of Work Contract No. & Date and Value of Contract (Rs. Lakhs) Name of Employer Stipulated period of completion Value of works remaining to be completed (Rs. Lakhs) Anticipated date of completion
Existing Commitments. 3.1. A significant proportion of the BCF Pooled Fund will support the continued funding of specific services commissioned by the Partners, up to the maximum values specified in the Financial Contributions table in Schedule 1.
Existing Commitments. AB acknowledges that BT has certain existing contractual commitments to Third Parties in the Field that it has disclosed to AB to the extent set forth on Exhibit F. BT represents, warrants and covenants that such existing contractual commitments shall not in any way, except as expressly set forth on Exhibit F, limit or affect BT’s obligations and performance under this Agreement. BT agrees that by [***], unless otherwise mutually agreed by the Parties hereto, it will terminate all of such Third Party agreements or permit them to expire by such date at BT’s expense. To the extent BT is unable to terminate such agreements with such Third Parties and AB has commenced Commercialization (whether in the Genotyping field or in the Gene Expression field) of Arrays, BT shall pay AB [***] of BT’s revenue arising after [***] that resulting from such sales or other activities under such agreements Third Parties. If AB wishes BT to attempt to terminate any such commitments sooner, BT will cooperate with AB in such efforts as determined by the JDC.
Existing Commitments. Except as described on Schedule 10.10 and except for any commitment for expenditures of less than $50,000, there are no existing commitments or obligations to pay costs or expenses for drilling, completing, equipping, deepening, side tracking, reworking or other similar costs or expenses arising from or relating to the ownership of the Properties. Except as otherwise provided in the Assumed Contracts, there are no obligations or commitments presently existing under which Seller’s interest in the Properties will be altered due to the passage of time, the collection of a specified sum of money (including, for example, non-consent operations and back-in obligations) or other reason.
Existing Commitments. Except as may be required in connection with controlling local law or as may be required in connection with Par’s preexisting contractual obligations if they were made before January 1, 2013, the annual cash bonus for each Par employee (including each executive) is at risk of forfeiture in the event of the employee’s discharge for cause. Except as may be required in connection with controlling local law, in the event grounds exist for discharge for cause of any Par employee worldwide, Par also has reserved the right and full discretion to void and forfeit any unvested or unexercised stock options, stock appreciation right, and similar equity plans (collectively, “Equity Awards”). If Par discovers any employee misconduct that would implicate the forfeitures described in this paragraph by a Covered Executive (collectively, “Existing Commitments”), it shall evaluate the situation and make a determination about whether any forfeiture, and the terms of such forfeiture, shall be implemented.
Existing Commitments. Except as disclosed in the Fund Public Documents or the Fund Disclosure Letter, (i) no Person has any agreement or option, or right or privilege (whether pre-emptive or contractual) capable of becoming an agreement or option (including convertible or exchangeable securities or warrants) for the purchase, subscription for or issuance of Fund Units or of any unissued interest in or securities of any kind in the Fund or any of the Fund Subsidiaries, or the purchase or acquisition of the assets or property of any kind of the Fund or any of the Fund Subsidiaries, (ii) there is no agreement which grants to any Person the right to purchase or otherwise acquire any interest in a Fund Subsidiary, (iii) none of the Fund or the Fund Subsidiaries has any undertakings or agreements, options or commitments to acquire any shares or securities of any Person or to acquire or lease any business operations, real property or assets, and (iv) none of the Fund or the Fund Subsidiaries is party to or bound by any Contract or commitment to pay any royalty, licence fee or management fee.
Existing Commitments. Except as disclosed in the IRE Public Documents, the IRE Disclosure Letter or in Paragraph 3.2(e), (i) no Person has any agreement or option, or right or privilege (whether pre-emptive or contractual) capable of becoming an agreement or option (including convertible or exchangeable securities or warrants) for the purchase, subscription for or issuance of IRE Shares or of any unissued interest in or securities of any kind in IRE or any of the IRE Subsidiaries, or the purchase or acquisition of the assets or property of any kind of IRE or any of the IRE Subsidiaries, (ii) there is no agreement which grants to any Person the right to purchase or otherwise acquire any interest in an IRE Subsidiary, (iii) none of IRE or the IRE Subsidiaries has any undertakings or agreements, options or commitments to acquire any shares or securities of any Person or to acquire or lease any business operations, real property or assets, and
Existing Commitments. Pursuant to DaVita’s existing Board-approved clawback policy (the “Clawback Policy”), if the Board of Directors of DaVita (the “Board”) determines that any fraud or intentional misconduct by an executive officer or director was a significant contributing factor to the Company having to restate all or a portion of its consolidated financial statements, the Board may (i) require reimbursement of any bonus or incentive compensation paid to such executive or director, (ii) cause the cancellation of restricted stock unit awards and outstanding stock appreciation rights or stock options granted to such executive officer or director, and (iii) seek reimbursement of any gains realized that are attributable to such awards. These actions may be taken if (a) the amount of incentive compensation was calculated based on the achievement of certain financial results that were subsequently reduced due to a financial statement restatement, (b) the executive officer or director engaged in any fraud or intentional misconduct that was a significant contributing factor to the need for the restatement and (c) the amount of the bonus or incentive compensation that would have been awarded to the officer had the financial results been properly reported would have been lower than the amount actually awarded. Under the Clawback Policy, the Company may not seek to recover bonuses or incentive or equity-based compensation paid or which vests more than three years prior to the date the applicable financial statement restatement is disclosed. In addition, pursuant to the terms of certain awards made under the DaVita Healthcare Partners Inc. 2011 Incentive Award Plan (the “LTI Plan”), an award shall terminate, and the Company may seek repayment of gains realized by a recipient of such an award, if the recipient of the award (w) breaches certain restrictive covenants contained in the award, (x) is convicted of a felony, (y) is adjudicated by a court of competent jurisdiction to have committed an act of fraud or dishonesty resulting or intending to result directly or indirectly in personal enrichment at the expense of DaVita, or (z) is excluded from participating in any Federal health care program (the “Award Provisions” and, together with the Clawback Policy, the “Existing Commitments”). If DaVita discovers any employee misconduct that would implicate the forfeitures described in this paragraph, it will evaluate the situation and make a determination about DaVita HealthCare Partners Inc. ...
Existing Commitments. Employee recognizes Employee has certain existing commitments for services to be performed for or on behalf of Pacific Ocean restaurants, Inc. Employee expressly agrees to permit none of these activities to materially interfere with the performance of his duties under this Agreement. Any future proposed directorships or positions in business organizations would be subject to review and approval by the Passports Board of Directors. Non-business activities such as service on the board of, or for the benefit of, recognized industry associations, educational, religious or other similar institutions need not be reviewed or approved by the Board of Directors.
