No Designation. In no event may Executive, directly or indirectly, designate the calendar year of any payment to be made under this Agreement or otherwise which constitutes a “deferral of compensation” within the meaning of Code Section 409A.
No Designation. If Tenant is in arrears in payment of Rent, Tenant waives its right, if any, to designate the items to which any payments made by Tenant are to be credited, and Landlord may apply any payments made by Tenant to such items as Landlord sees fit, irrespective of any designation or request by Tenant as to the items to which any such payments shall be credited.
No Designation. If a Participant fails to designate a Beneficiary as provided above, or if all designated Beneficiaries predecease the Participant, then the Participant's designated Beneficiary shall be deemed to be the Participant's estate.
No Designation. The Transferor shall not designate or permit to be designated an Account Owner other than CB&T without the prior written consent of the Agent and the execution and delivery of all financing statements and agreements required by the Agent to perfect and protect the interests of the Agent, the Buyer and the other Owners herein, which shall be satisfactory to the Agent.
No Designation. In no event may Executive, directly or indirectly, designate the calendar year of any payment to be made under this Agreement or otherwise which constitutes a “deferral of compensation” within the meaning of Code Section 409A. (vi) Expense Reimbursement. With regard to any provision herein that provides for reimbursement of costs and expenses or in-kind benefits, except as permitted by Code Section 409A, (i) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit, (ii) the amount of expenses eligible for reimbursement, or in-kind benefits, provided during any taxable year shall not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other taxable year, and (iii) such payments shall be made on or before the last day of Executive’s taxable year following the taxable year in which the expense was incurred. (n)
No Designation. The Company and its licensees (direct and indirect) are not required to designate you as author of any design, computer program or related documentation, or other work of authorship, assigned hereunder when distributed publicly or otherwise. You hereby waive and release, to the extent permitted by law, all rights to the foregoing.
No Designation. In the case of distributions to an individual where no Section 242(b) designation was made, distributions after December 31, 1983 shall be made as follows:
No Designation. The Transferor shall not designate an Eligible Originator other than X.X. Xxxxxxxxx'x, Inc., XxXxx'x, Inc., Parisian, Inc., Xxxxxx Xxxxx Xxxxx & Co., National Bank of the Great Lakes, Saks & Company or Saks, without the prior written consent of the Agent and each Senior Class Agent.
No Designation. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. There are no intended third-party beneficiaries under this Agreement.
No Designation. The Transferor shall not designate an Eligible Originator other than G.R. Herxxxxxx'x, Xxx., XxXxx's, Inc., Xxxxxian, Inc. or Proffitt's, Ixx., xxxxxut the prior written consent of the Agent and each Senior Class Agent. (w)
