Pursuant to Subsection. (iii)(1) of this Subsection (a), and except as otherwise required pursuant to the restrictions described in Subsections (iii)(5), (iii)(6), and (iii)(7) of this Subsection (a), as of [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], the Monthly DAP Charge for all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] would be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], Vendor would, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at peak provided for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to such New Dial-Up Market Price. Pursuant to Subsection (iii)(4) of this Subsection (a), Vendor would not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Pursuant to Subsection. 2 of Section 3:318 of the Act on the Civil Code and to the regulations included in the Supporting Agreement in relation with the Schedule on SD, the executive officers of the Legal Successor Company shall take measures for the delisting (deletion) of the invalidated dematerialized shares (KONZUM Shares) from the central securities account and from the relevant securities accounts.
Pursuant to Subsection. 10 of Section 16 of the Act on Corporate Tax, with regard to the assets and liabilities, received from the Merging Company during adjusting the tax base, the Acquiring Company undertakes to apply Subsection 11 of Section 16 of the Act on Corporate Tax, namely ‘The successor shall keep separate records on the same assets and liabilities after they are revaluated, indicating their original value and the book value recorded by the predecessor for the day of transformation, merger, division, their adjusted book value as well as the sums it has claimed after the transformation, merger, division to adjust the pre-tax profit on the basis of the assets and liabilities in question.’
Pursuant to Subsection. 8.I of this Agreement, the Village may, without prejudice to any other rights and remedies available to the Village, require: (a) the demolition and removal of any partially constructed or partially completed buildings, structures, or Improvements from the Property; and (b) the performance of Site Restoration. Concurrent with the Village's exercise of its rights under Subsection 8.I, the Corporate Authorities shall have the right, but not the obligation, to terminate the entitlements set forth in the Preliminary or Final PD Ordinances and this Agreement, without protest or objection by Developer.
Pursuant to Subsection. 3.6 of the Credit Agreement, the Borrower is required to provide 10 days prior notice of and a copy thereof or documentation relating to any merger, consolidation, dissolution, liquidation or amalgations permitted under Subsection 3.6(B) or (C) to the Administrative Agent. The Borrower has advised the Administrative Agent that it may elect to merge Xxxxx Divestiture Company LLC with or dissolve Xxxxx Divestiture Company LLC into another Loan Party on the Initial Funding Date or within 5 Business Days of the Initial Funding Date. The Borrower has requested that if it elects to so merge or dissolve Xxxxx Divestiture Company LLC it be permitted to provide the required notice and copies or documentation on the Initial Funding Date or such Business Day rather than 10 days prior to such date. In reliance on the representations and warranties of the Borrower and the Guarantors contained in this Agreement and in connection with the request of the Borrower for such consent, and subject to the effectiveness of this Agreement as described below, the Lenders party hereto so consent, provided however, such consent shall not apply if such merger or dissolution occurs more than five Business Days after the Initial Funding Date.
Pursuant to Subsection. 4.3(d), Borrower agreed to have a perpetual inventory system operating and in place prior to March 31, 1997. Borrower has installed such perpetual inventory system; however, such perpetual inventory system was not operating prior to March 31, 1997. Borrower has requested that Bank agree to amend Subsection 4.3(d) to extend the deadline for such perpetual inventory system to be operating to June 30,1997.
Pursuant to Subsection. 7.1 of this Lease, Landlord hereby consents to Tenant’s construction and development plan for the Employee Housing Facility as presented by Tenant to Landlord on May 30, 2001 subject to reasonable modifications and adjustments consistent with the May 30, 2001 presentation.
Pursuant to Subsection. 20.1 ABOVE OR PATENT INFRINGEMENT PROVISIONS OF THIS CONTRACT, OR (iii) FAILURE TO COMPLY WITH APPLICABLE LAWS.
Pursuant to Subsection. 4.6(a): -----------------------------
Pursuant to Subsection. 2.8 of the Credit Agreement, the Borrower hereby proposes to increase (the “Increase”) the aggregate Existing Term Loan commitment from $495,000,000.00 to $920,000,000.00. 2. The following Lender (the “Increasing Lender”) has been invited by the Borrower, and has agreed, subject to the terms hereof, to increase its Existing Term Loan commitment as follows: [On file with the Administrative Agent]. 3.
