PROVIDED HOWEVER the Lenders and the Administrative Agent shall not be obligated by reason of this SECTION 3.01(f) to contest the payment of any Taxes or Other Taxes or to disclose any information regarding its tax affairs or tax computations or reorder its tax or other affairs or tax or other planning. Subject to the foregoing, to the extent the Borrower pays sums pursuant to this SECTION 3.01 and any Lender or the Administrative Agent receives a refund of any or all of such sums, such refund shall be applied to reduce any amounts then due and owing under this Agreement or, to the extent that no amounts are due and owing under this Agreement at the time such refunds are received, the party receiving such refund shall promptly pay over all such refunded sums to the Borrower, provided that no Default is in existence at such time.
PROVIDED HOWEVER that this bond is executed pursuant to the Provisions of Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all liabilities on this Bond shall be determined in accordance with said provisions to the same extent as if it were copied at length herein.
PROVIDED HOWEVER that the Borrower may permit a Restricted Subsidiary to incur Debt as permitted by clauses (ii) through (vi) of this Section 5.02(d) only to the extent that the aggregate amount of such Debt of all Restricted Subsidiaries does not exceed 15% of Consolidated Net Tangible Assets.
PROVIDED HOWEVER that Grantor hereby agrees to accept from the Grantee $3,432,657 (the “Fiber Payments”) in full and complete satisfaction of any and all amounts due and owing by the Grantee to the Grantor hereunder through June 25, 2002, with the exception of any amounts owing pursuant to section 32.2 hereof and section 32.2 of the 2002 Phase 2 Agreement, and Grantor and Grantee agree that the Fiber Payments shall be offset against the acquisition price of the common stock of NEON Communications, Inc, pursuant to the terms of the Common Stock Purchase Agreement.
PROVIDED HOWEVER. Grantor excepts and reserves from this conveyance, for itself and its successors and assigns, any and all oil and gas, including without limitation, coal-bed methane and all other gaseous and liquid hydrocarbons, in, on, or under the parcels or tracts of land conveyed by this Deed, together with the rights to explore for, capture, recover, extract, produce, take from, drill, transport (by pipeline or otherwise), compress, clean and otherwise treat all such oil, gas, coal-bed methane and other gaseous and liquid hydrocarbons, all so long as the exercise of such rights by Grantor, its successors and assigns (a) does not unreasonably interfere with the use by Grantee, its successors and assigns, of the tracts or parcels of property conveyed by this Deed and (b) is done in a manner which will, to the best of the ability of Grantor, its successors and assigns, preserve the value and mineability of any coal conveyed by this Deed and the ability of Grantee, its successors and assigns, to safely mine through any plugged oil, gas and coal bed methane wxxxx, it being understood that the coal estate in any of the tracts or parcels of property conveyed hereby is the DOMINANT ESTATE and the owner of the DOMINANT ESTATE shall have no duty to capture or preserve any coal-bed methane which is vented or escapes during coal mining operations, all subject however to any outstanding rights granted to others by Grantor or its predecessors in interests, prior to January 1, 2007, with respect to the oil, gas, coal-bed methane and other gaseous and liquid hydrocarbons, which are described or listed on Schedule B attached hereto and made a part hereof. TO HAVE AND TO HOLD said real properties together with all of the rights, easements, privileges, appurtenances, appendages and hereditaments thereunto belonging or in anywise appertaining unto Grantee, its successors and assigns, forever. This conveyance is made subject to any and all easements, rights-of-way, covenants and restrictions as may appear of record in the aforesaid Clerk’s office. In addition to anything set forth above, subject to such easements, rights-of-way, covenants and restrictions of record in the aforesaid Clerk’s office, and the real estate taxes assessed against the property hereby conveyed for the year 2007, which taxes have been assumed by Grantee, Grantor covenants to and with Grantee that Grantor will WARRANT SPECIALLY the title to the property hereby conveyed. Grantor, under penalty as provided by law, de...
PROVIDED HOWEVER. (1) if the amount distributed to members pursuant to clause (i) for the taxable year exceeds the Applicable Tax for such taxable year (including where the amounts included in taxable income of Holdings for such taxable year are decreased as result of an audit, amended return or otherwise), then, if the amount of such excess exceeds $100,000, it shall be an Event of Default if Holdings and such Credit Party do not promptly receive a refund of (or a capital contribution in the amount of) such excess; provided if the amount of such excess is equal to or is less than $100,000, such excess shall be credited against the next Tax Distributions permitted to be made with respect to subsequent taxable years;
PROVIDED HOWEVER that an Employee may direct the Fund Manager in writing to transfer his Vacation Pay on a current basis to his account in the Credit Union as requested by the Credit Union. Such direction shall state the minimum term for which it shall remain in effect and shall continue thereafter until revoked by the Employee in writing.
PROVIDED HOWEVER neither the Borrower nor any Subsidiary shall be prohibited from withdrawing its qualification to do business in any jurisdiction from which it no longer is conducting its business.
