NTD Sample Clauses

NTD. To be selected based on whether applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967).

NTD. If applicable, to be inserted based on Buyer’s evaluation of a Seller Parent Guarantor’s credit as of the Effective Date.

NTD. ▇▇▇▇▇’s preference is for all the component parts of this definition (i.e., “Owned Real Property,” “Leased Real Property,” and “Easements”) to have been obtained by Seller, or be under Seller’s control, as of the Effective Date. The Agreement generally assumes that those component parts have been so obtained. Some projects may not be developed to the point where the “Owned Real Property,” “Leased Real Property,” and “Easements” have been obtained by Seller, or are under Seller’s control, by the Effective Date. For those transactions, the representations and warranties, the timing around the title commitment, and other provisions of the Agreement related to the component parts will or may require modification. Additional refinements to the Agreement’s real property provisions may be necessary depending on the underlying facts.

NTD. If Buyer is provided an Existing Title Commitment with respect to the Project Site, legible copies of any and all documents referenced therein as exceptions to title, an ALTA Land Title Survey that permits Buyer to adequately evaluate such exceptions, and adequate time to review such title documents and survey, Buyer can agree to diligence such exceptions and determine whether they are acceptable encumbrances on title; however, in no event will Buyer be required to agree to any exception related to monetary liens or that would, in Buyer’s opinion, have an adverse effect on the Project or the Project Site or the value of the Project or the Project Site.

NTD. Insert the city, town, or locality and the county where the Project is located. consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows:

NTD. The Contracts addressed in this clause (vi) or other provisions in Section 7.2 are expected to be based on the contractual needs of the Project, and may exclude real estate contracts if all relevant real estate contracts were entered into and provided to Buyer prior to the Effective Date. Buyer expects the FNTP conditions in this section to include a requirement that Seller has obtained (and/or maintained) prior to FNTP all Project Site real property and related

NTD. CTA grower component of basket to be set to corresponding percentage after “fresh start accounting.” (13) additional Indebtedness of the Parent Guarantor or any Restricted Subsidiary in an aggregate principal amount which, when taken together with the principal amount of all other Indebtedness incurred pursuant to this clause (13) and any Refinancing Indebtedness thereof and then outstanding, will not exceed the greater of (a) $500 million and (b) [o]% of the Parent Guarantor’s Consolidated Tangible Assets determined at the time of incurrence;(7) (14) Indebtedness in respect of Specified Cash Management Agreements entered into in the ordinary course of business; (15) Indebtedness incurred in connection with a Permitted Factoring Transaction that is not recourse to the Parent Guarantor or any Restricted Subsidiary (except for Standard Securitization Undertakings); and (16) Indebtedness of Persons incurred and outstanding on the date on which such Person was acquired by the Parent Guarantor or any Restricted Subsidiary, or merged or consolidated with or into the Parent Guarantor or any Restricted Subsidiary (other than Indebtedness incurred in connection with, or in contemplation of, such acquisition, merger or consolidation); provided, however, that at the time such Person or its assets are acquired by the Parent Guarantor or a Restricted Subsidiary, or merged or consolidated with the Parent Guarantor or any Restricted Subsidiary and after giving pro forma effect to the incurrence of such Indebtedness pursuant to this clause (16) and any other related Indebtedness, either (i) the Parent Guarantor would have been able to incur $1.00 of additional Indebtedness pursuant to the Coverage Ratio Exception; or (ii) the Consolidated Interest Coverage Ratio of the Parent Guarantor and its Restricted Subsidiaries would be greater than or equal to such Consolidated Interest Coverage Ratio immediately prior to such acquisition, merger or consolidation. For purposes of determining compliance with this Section 1008, in the event that an item of Indebtedness meets the criteria of more than one of the categories of Permitted Indebtedness described in clauses (1) through (16) above or is entitled to be incurred pursuant to the Coverage Ratio Exception, the Parent Guarantor shall, in its sole discretion, classify such item of Indebtedness and may divide and classify such Indebtedness in more than one of the types of Indebtedness described (except that Indebtedness incurred un...

NTD. The Buyer’s Regulatory Approvals to be obtained on or prior to FNTP are intended to encompass all major approvals (if any), leaving for after FNTP only customary minor approvals for transactions of this type (e.g., approval of FCC radio license transfer, if necessary) that should not adversely affect the financeability of the Transactions. Buyer, in its sole and absolute discretion, to be immaterial to the Transactions, Buyer, and the conduct of its business;

NTD. To equal 12 months for the CEO, 9 months for the C-Suites and other Section 16s and 6 months for Executive Managers.