Favorable Treatment Sample Clauses

Favorable Treatment. The Borrower will not permit its Subsidiaries to give any guaranty or pledge of collateral (other than in connection with financing as permitted under Section 6.10(f) hereof) in respect of any other Indebtedness, unless such Subsidiary shall also give an equal and ratable guaranty and pledge of collateral of the loans and obligations hereunder (in substantially the form attached as Exhibit 6.20 or such other form as may be reasonably acceptable to the Administrative Agent and the Required Lenders) and become a Subsidiary Guarantor hereunder, without prejudice to any Event of Default that may arise under Section 6.07.
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Favorable Treatment. 1. Each Party shall grant favorable treatment in its ports open to foreign commerce and navigation, to vessels of another Party.
Sample 1Sample 2
Favorable Treatment. The Borrower will not permit any of its Subsidiaries to issue, have outstanding, or give any guaranty or pledge of collateral (other than in connection with financing as permitted under Section 6.10(f) hereof) in respect of, any other Indebtedness, unless such Subsidiary shall also give an equal and ratable guaranty and pledge of collateral of the loans and obligations hereunder (in substantially the form attached as Exhibit 6.20 or such other form as may be reasonably acceptable to the Administrative Agent and the Required Lenders) and become a Subsidiary Guarantor hereunder, without prejudice to any Event of Default that may arise under Section 6.07; provided, however, that notwithstanding anything to the contrary herein, (x) this Section 6.20 shall not apply to HR until the second Business Day following the Merger Closing Date and (y) Indebtedness of HR permitted by Section 6.10(j) that is outstanding in an aggregate amount not in excess of $250,000,000 shall not require HR to become a Subsidiary Guarantor hereunder. In addition, within two (2) Business Days following the Merger Closing Date, the Parent and the Borrower shall cause the HR Contribution to have been effectuated. If at any time the requirements set forth in the immediately preceding sentence of this Section 6.20 are not satisfied, HR shall be required to become a Guarantor by executing and delivering the HR Guaranty to the Administrative Agent; provided that, upon the consummation of the HR Contribution, so long as no Event of Default has occurred and is continuing or would occur after giving effect thereto, the HR Guaranty shall be deemed automatically released (without any other action by the Administrative Agent or any other Person) unless HR is otherwise required to be a Subsidiary Guarantor pursuant to the first sentence of this paragraph. With respect to any Subsidiary required to deliver a Guaranty pursuant to this Section 6.20, (i) the Borrower shall deliver to the Administrative Agent the items that would have been delivered under Sections 4.01(b), 4.01(c), 4.01(d), 4.01(e) and 4.01(f) if such Subsidiary had been a Credit Party on the Effective Date and (ii) with respect to any such Subsidiary that qualifies as a “legal entity customer” under the Beneficial Ownership Regulation, the Borrower shall deliver to the Administrative Agent, and any Lender requesting the same, a Beneficial Ownership Certification with respect to such Subsidiary at least five (5) Business Days prior to the...
Sample 1
Favorable Treatment. If, during the 60 days immediately following the date hereof, there is any change to any of the material terms of the Articles Supplementary relating to the Class N Preferred Stock or if any securities issued in exchange for the Class N Preferred Stock have material terms different from those contained in the Class N Preferred Stock on the date hereof, and such difference results in improved material terms for the holder of those securities (which may include, without limitation, a lower conversion, exchange, exercise or strike price per share, as the case may be, longer period of no-call protection, better financial or other covenants, greater dividend rate, greater liquidation preference, greater redemption payments, greater conversion rate, priority ranking or a greater change of control price), then the Company shall immediately notify the Investor in writing of such difference. The Investor shall have 10 business days following receipt of such notice to notify the Company that the Investor elects to (i) exchange all, but not a portion, of the Class W Preferred Shares owned by the Investor and its affiliates for, at the Investor's option, either (A) shares of Class N Preferred Stock or the securities issued in exchange for the shares of Class N Preferred Stock or (B) a new class of securities with terms equivalent to those of the Class W Preferred Shares and incorporating such improved terms, in either case with a value equal to the aggregate liquidation preference of the Class W Preferred Shares exchanged, plus accumulated and unpaid dividends thereon to the date of the exchange, and/or (ii) amend this Agreement so that the Investor's rights and obligations hereunder include such improved terms. Within 10 business days after receipt of notice from the Investor of such election, the Company shall effect such exchange and/or amendment. The Company hereby covenants to take all such actions as are reasonably necessary to effect such exchange and amendment in accordance herewith.
Sample 1
Favorable Treatment. 44 Section 5.27
Sample 1
Favorable Treatment. The Borrower will not permit its Subsidiaries to give a Guarantee or pledge of collateral (other than in connection with non-recourse financing as permitted under Section 5.10(d) hereof) in respect of any other Debt (other than the guaranty in respect of the $90 million 1995 private placement note issue and then only to the extent that the maturity date of the guaranteed indebtedness is not extended beyond the original maturity date and the payment terms thereof are not otherwise amended or modified) unless such Subsidiary shall also give an equal and ratable Guarantee and pledge of collateral of the loans and obligations hereunder (in substantially the form attached as Schedule 5.26 or such other form as may be reasonably acceptable to the Agent and the Majority Banks) and become a Subsidiary Guarantor hereunder, without prejudice to any Event of Default that may arise under Section 5.06.
Sample 1
Favorable Treatment. During the term of the Contract, in order to support Party B’s business operation, Party A shall give Party B relevant favorable treatment. Refer to the Appendix hereto for details on relevant fee rates and favorable treatment.
Sample 1
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Related to Favorable Treatment

  • Sale Treatment The Company has determined that the disposition of the Mortgage Loans pursuant to this Agreement will be afforded sale treatment for accounting and tax purposes;

  • Federal Tax Treatment Notwithstanding anything to the contrary contained in this Agreement or any document delivered herewith, all persons may disclose to any and all persons, without limitation of any kind, the federal income tax treatment of the Notes, any fact relevant to understanding the federal tax treatment of the Notes, and all materials of any kind (including opinions or other tax analyses) relating to such federal tax treatment.

  • Federal Income Tax Treatment It is the intention of the Trust Depositor that the Trust be disregarded as a separate entity for federal income tax purposes pursuant to Treasury Regulations Section 301.7701-3(b)(1)(ii) as in effect for periods after January 1, 1997. The Equity Certificate constitutes the sole equity interest in the Trust and must at all times be held by either the Trust Depositor or its transferee as sole Owner. The Trust Depositor agrees not to take any action inconsistent with such intended federal income tax treatment. Because for federal income tax purposes the Trust will be disregarded as a separate entity, Trust items of income, gain, loss and deduction for any month as determined for federal income tax purposes shall be allocated entirely to the Owner; provided, that this sentence shall not limit or otherwise affect the provisions of the Transaction Documents pertaining to distributions of Trust Assets or proceeds thereof to Persons other than the Trust Depositor.

  • Accounting Treatment For accounting purposes, the Merger is intended to be treated as a "purchase."

  • Income Tax Treatment Employee and the Company acknowledge that it is the intention of the Company to deduct all amounts paid under Section 2 hereof as ordinary and necessary business expenses for income tax purposes. Employee agrees and represents that he will treat all such amounts as required pursuant to all applicable tax laws and regulations, and should he fail to report such amounts as required, he will indemnify and hold the Company harmless from and against any and all taxes, penalties, interest, costs and expenses, including reasonable attorneys' and accounting fees and costs, which are incurred by Company directly or indirectly as a result thereof.

  • Intended Tax Treatment Notwithstanding anything to the contrary herein or in any other Transaction Document, all parties to this Agreement covenant and agree to treat each Loan under this Agreement as debt (and all Interest as interest) for all federal, state, local and franchise tax purposes and agree not to take any position on any tax return inconsistent with the foregoing.

  • Consistent Treatment Unless and until there has been a Final Determination to the contrary, each Party agrees not to take any position on any Tax Return, in connection with any Tax Contest or otherwise that is inconsistent with (i) the treatment of payments between the Parent Group and the SpinCo Group as set forth in Section 5.4, (ii) the Tax Materials or (iii) the Intended Tax Treatment.

  • Treatment The Asset Representations Reviewer agrees to hold and treat Confidential Information given to it under this Agreement in confidence and under the terms and conditions of this Section 4.08, and will implement and maintain safeguards to further assure the confidentiality of the Confidential Information. The Confidential Information will not, without the prior consent of the Issuer and the Servicer, be disclosed or used by the Asset Representations Reviewer, or its officers, directors, employees, agents, representatives or affiliates, including legal counsel (collectively, the “Information Recipients”) other than for the purposes of performing Reviews of Review Receivables or performing its obligations under this Agreement. The Asset Representations Reviewer agrees that it will not, and will cause its Affiliates to not (i) purchase or sell securities issued by the Seller or its Affiliates or special purpose entities on the basis of Confidential Information or (ii) use the Confidential Information for the preparation of research reports, newsletters or other publications or similar communications.

  • Equal Treatment of Investors No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration is also offered to all of the parties to the Transaction Documents. For clarification purposes, this provision constitutes a separate right granted to each Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with respect to the purchase, disposition or voting of Securities or otherwise.

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