NTD Clause Examples

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. State the (1) principal amount of Notes held not subject to conversion and (2) aggregate number of shares of common stock of the Issuer held as of the date of this notice. SCHEDULE OF EXCHANGES OF INTERESTS IN THE GLOBAL NOTE6 The following exchanges of a part of this Global Note for an interest in another Global Note or for a Physical Note, or exchanges of a part of another Global Note or Physical Note for an interest in this Global Note, have been made: For value received, each of the undersigned (including any successor Person under the Indenture) hereby unconditionally guarantees, jointly and severally, to the extent set forth in the Indenture (as defined below) to the Holder of this Note the payment of principal, premium, if any, and interest on this Note in the amounts and at the times when due and interest on the overdue principal, premium, if any, and interest, if any, of this Note when due, if lawful, and, to the extent permitted by law, the payment or performance of all other obligations of the Issuer under the Indenture or the Notes or other Note Documents, to the Holder of this Note and the Trustee and other Noteholder Secured Parties, all in accordance with and subject to the terms and limitations of this Note, the Indenture, including Article Thirteen thereof, and this Note Guarantee. This Note Guarantee will become effective in accordance with Article Thirteen of the Indenture and its terms shall be evidenced therein. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Indenture dated as of [ ], 2010, among U.S. Concrete, Inc., a Delaware corporation (the “Issuer”), the Guarantors named therein and U.S. Bank National Association, as trustee (the “Trustee”), as amended or supplemented (the “Indenture”). The obligations of the undersigned to the Holders of Notes and to the Trustee pursuant to this Note Guarantee and the Indenture are expressly set forth in Article Thirteen of the Indenture and reference is hereby made to the Indenture for the precise terms of the Note Guarantee and all of the other provisions of the Indenture to which this Note Guarantee relates. No director, officer, employee, incorporator, stockholder, member or manager of any Guarantor, as such, shall have any liability for any obligations of such Guarantors under such Guarantors’ Note Guarantee or t...

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. Use 45 days in a group termination, and include information regarding terminated positions. 2 NTD: Include if the Executive is age 40 or older at the time of termination.