Material Burden definition

Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to a Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company, any related investment fund or Muzinich Parties (as defined below), the Adviser or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Stockholder that is a “Benefit Plan Investor” as defined in Section 3(42) of ERISA (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Adviser or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any law substantially similar to Section 406 of ERISA or Section 4975 of the Code (“Similar Law”).
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Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization that is reasonably likely to have a material adverse effect on the Company, a portfolio company or any affiliate thereof, the Adviser or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Shareholder that is an “employee benefit plan” (as defined in ERISA) that is subject to ERISA or a “plan” (as defined in Section 4975 of the Code) that is subject to Section 4975 of the Code (an “ERISA Shareholder”), the sponsor of such ERISA Shareholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject the Company, a portfolio company or any affiliate thereof, the Adviser or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber, or, with respect to an ERISA Shareholder, the sponsor of such ERISA Shareholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any provisions of any other U.S. federal, state, local or other laws or regulations that are similar to the prohibited transaction provisions contained in ERISA or Section 4975 of the Code (collectively, “Similar Laws”).
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Material Burden means any undertaking, condition, consent decree, hold separate order, divestiture, operational restriction or limitation or other action by any Governmental Entity that, if effected, would reasonably be expected to restrict, limit, restrain or impair (A) Parent’s ability to own, operate, retain or change all or a material portion of the assets, licenses, operations, rights, product lines, businesses or interest therein of the Company or any of its Subsidiaries or other Affiliates from and after the Effective Time or any of the assets, licenses, operations, rights, product lines, businesses or interest therein of Parent or any of its Subsidiaries or other Affiliates (including, without limitation, by requiring any sale, divestiture, transfer, license, lease, disposition of or encumbrance or hold separate arrangement with respect to any such assets, licenses, operations, rights, product lines, businesses or interest therein) or (B) Parent’s ability to vote, transfer, receive dividends or otherwise exercise full ownership rights with respect to the stock of the Surviving Corporation.
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Examples of Material Burden in a sentence

  • The contractor must submit prices using the Pricing Workbook (Attachment J-4) containing Work Item Pricing, Daily Extension Rates, IPD, and Fully Burdened Ship Repair Labor Rate & Material Burden Rate in Microsoft Excel in the format provided in this solicitation.

  • The Pricing Workbook (Attachment J-4) Fully Burdened Ship Repair Labor Rate and Material Burden Rate must match the rates provided in the Section B “NOTE B: SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED).” If there is a discrepancy between the two, the Section B Fully Burdened Ship Repair Labor Rate and Material Burden Rate shall govern.

  • RCCs and RTRs that are subcontracted for material only (no associated labor required within the RCC) shall not be subject to the Material Burden Rate.

  • The contractor must submit prices using the Pricing Workbooks (Attachment J-4A/J-4B) for all Tabs, including: Work Item Pricing, Daily Extension Rates, Fully Burdened Ship Repair Labor Rate & Material Burden Rates and Total Evaluated Pricing in Microsoft Excel in the format provided in this solicitation.

  • The Attachment J-4 Fully Burdened Ship Repair Labor Rate and Material Burden Rate must match the rates provided in the Section B “NOTE B: SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED).” If there is a discrepancy between the two, the Section B Fully Burdened Ship Repair Labor Rate and Material Burden Rate shall govern.

  • The Attachment J-14 Fully Burdened Ship Repair Labor Rate and Material Burden Rate must match the rates provided in the Section B “NOTE B: SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED).” If there is a discrepancy between the two, the Section B Fully Burdened Ship Repair Labor Rate and Material Burden Rate shall govern.

  • The Pricing Workbooks (Attachment J-4A/J-4B) Fully Burdened Ship Repair Labor Rate and Material Burden Rate must match the rates provided in the Section B “NOTE B: SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED).” If there is a discrepancy between the two, the Section B Fully Burdened Ship Repair Labor Rate and Material Burden Rate shall govern.

  • The Offeror shall submit prices using the Pricing Workbook (Attachment J-14) containing Work Item Pricing, Daily Extension Rates, IPD, and Fully Burdened Ship Repair Labor Rate & Material Burden Rate in Microsoft Excel in the format provided in this solicitation.

  • The contractor must submit prices using the Pricing Workbook attachment containing Work Item Pricing, Daily Extension Rates, Inter-port Differential (IPD), IPD Reduction for Days Completed Early, Value Adjusted Total Evaluated Price (VATEP), and Fully Burdened Ship Repair Labor Rate & Material Burden Rate in Microsoft Excel in the format provided in this solicitation.

  • Partial or full work item deletion RCCs from settled growth work or new work will be deleted at the basic labor rate and material burden rate as entered in the Labor & Material Burden Rate Tab of Attachment J-3.


More Definitions of Material Burden

Material Burden. Rates: (covers QA, mfg eng., purchasing, receiving, stockroom services, financing) o *** for Std Purchased Mtl o *** for High $ Purchased Mtl (****see separate list of items included) o _ TBD % for In House Fabricated Mtl . MFGR agrees to share cost savings realized from converting to In House Fabrication and to adjust Material Burden Rates accordingly. Actual percentage of burden for In House Fabricated materials will vary depending part type. **** Items on High Dollar Specialty Materials list represent parts which are purchased with little to no value added by MFGR during manufacturing yet represent a significant percentage of the overall product costs. Certain items could eventually be manufactured In House by MFGR or consigned to the MFGR at which time they would be re-categorized. Billable Assembler Labor Rates: *** Billable Technician Labor Rate: *** Billable Engineering Rates: *** (Separate agreement required for design services. Ref Agreement Sections 6.2 and 6.5). Sales Price Formula Used for Invoicing Systems: (Total Std Purchased Mtl Cost + Std Mtl Burden ) + (Total High $ Purchased Mtl Cost + High $ Burden ) + (Total In House Fabricated Mtl [w/ std profit and w/o additional markup] ) + (Total Internal Assembler Labor Hrs * Assembler Labor Rate) + (Total Internal Technician Labor Hrs * Technician Labor Rate) = System Price Cost and Sales Price Adjustments: Upon shipment of each machine MFGR will submit to Intraop Medical a cost breakdown for review. Any significant adjustments in costs will be communicated and sales price increases or decreases negotiated between parties.
Sample 1
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to the Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company or any related investment fund, the Adviser or any of their respective affiliates or on any Stockholder or any affiliate of any Stockholder or, with respect to a Stockholder that is a “Benefit Plan Investor” as defined in Section 3(42) of ERISA (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Adviser or any of their respective affiliates or any Stockholder or any affiliate of any Stockholder or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any law substantially similar to Section 406 of ERISA or Section 4975 of the Code (“Similar Law”).
Sample 1
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to a Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company, any related investment fund or Crescent Parties (as defined below), the Advisor or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Stockholder that is an “employee benefit plan” (as defined in ERISA) that is subject to ERISA or a “plan” (as defined in Section 4975 of the Code) that is subject to Section 4975 of the Code (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Advisor or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any law substantially similar to Section 406 of ERISA or Section 4975 of the Code (“Similar Law”).
Sample 1

Related to Material Burden

  • Material Property means all Real Property owned in fee in the United States by any Credit Party, in each case, with a fair market value of $7,425,000 (as determined by the Borrower in good faith) or more, as determined (i) with respect to any Real Property owned by any Credit Party on the Closing Date, as of the Closing Date, and (ii) with respect to any Real Property acquired by a Credit Party after the Closing Date, as of the date of such acquisition.

  • Material means material in relation to the business, operations, affairs, financial condition, assets or properties of the Company and its Subsidiaries taken as a whole.

  • Material Properties means (a) those Mortgaged Properties designated on Schedule 3.12 as Material Properties and (b) each other Mortgaged Property with respect to which a Mortgage is granted pursuant to Section 5.11 after the Restatement Effective Date.

  • Material Deviation refers to any contents or characteristics of the proposal that is significantly different from an essential aspect or requirement of the RFP, and : (i) substantially alters the scope and quality of the requirements; (ii) limits the rights of UNDP and/or the obligations of the offeror; and (iii) adversely impacts the fairness and principles of the procurement process, such as those that compromise the competitive position of other offerors.

  • Material of Environmental Concern means and includes pollutants, contaminants, hazardous wastes, and toxic, radioactive, caustic or otherwise hazardous substances, including petroleum, its derivatives, by-products and other hydrocarbons, or any substance having any constituent elements displaying any of the foregoing characteristics.

  • Material Related Party Transaction means a transaction with a related party if the transaction / transactions to be entered into individually or taken together with previous transactions during a financial year, exceeds ten percent of the annual consolidated turnover of the company as per the last audited financial statements of the company.

  • Material Real Property means any fee owned Real Property located in the United States that is owned by any Loan Party with a fair market value in excess of $10,000,000 (at the Closing Date or, with respect to Real Property acquired after the Closing Date, at the time of acquisition, in each case, as reasonably estimated by the Borrower in good faith).

  • Material Action means to consolidate or merge the Company with or into any Person, or sell all or substantially all of the assets of the Company, or to institute proceedings to have the Company be adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against the Company or file a petition seeking, or consent to, reorganization or relief with respect to the Company under any applicable federal or state law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Company or a substantial part of its property, or make any assignment for the benefit of creditors of the Company, or admit in writing the Company's inability to pay its debts generally as they become due, or take action in furtherance of any such action, or, to the fullest extent permitted by law, dissolve or liquidate the Company.

  • Material Damage and “Materially Damaged” means damage which, in Seller’s reasonable estimation, exceeds $500,000.00 to repair or which, in Seller’s reasonable estimation, will take longer than ninety (90) days to repair.

  • Material Company means, at any time:

  • Material Group Company means the Issuer or a Subsidiary representing more than 10.00 per cent. of either (i) the total assets of the Group on a consolidated basis (for the avoidance of doubt, excluding any intra-group transactions) or (ii) the EBITDA of the Group on a consolidated basis according to the latest Financial Report.

  • Material Agreement means any material contract, commitment, agreement (written or oral), instrument, lease or other document, license agreement and agreements relating to intellectual property, to which the Corporation or any Subsidiary are a party or to which any of their property or assets are otherwise bound;

  • Material Environmental Liabilities means Environmental Liabilities exceeding $500,000 in the aggregate.

  • Material Project means the construction or expansion of any capital project of the Borrower or any of its Subsidiaries, the aggregate capital cost of which exceeds $50,000,000.

  • Material Information means any information (Material Fact or Material Change) relating to the business and affairs of the Corporation that results in or would reasonably be expected to result in a significant change in the market price or value of any of the Corporation's securities;

  • Material Documents has the meaning set forth in Section 5.23.

  • Substantial business relationship means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.

  • Material Owned Real Property means any Real Property, or group of related tracts of Real Property, acquired (whether in a single transaction or a series of transactions) or owned in fee by any Loan Party, in each case, in respect of which the fair market value (including the fair market value of improvements owned or leased by such Loan Party and located thereon) on such date of determination exceeds $1,000,000.

  • Business Relation means any current or prospective client, customer, licensee, or other business relation of the Company Group, or any such relation that was a client, customer, licensee, supplier, or other business relation within the six (6) month period prior to the expiration of the Employment Period, in each case, to whom I provided services, or with whom I transacted business, or whose identity became known to me in connection with my relationship with or employment by the Company.

  • Adverse Effect has the meaning assigned to such term in Section 2.1.5;

  • Material Intellectual Property means Intellectual Property that is owned by or licensed to a Grantor and material to the conduct of any Grantor’s business.

  • Material Permit shall have the meaning ascribed to such term in Section 3.1(n).