For greater clarity Sample Clauses

For greater clarity. All products sourced directly from manufacturers or distributors will be offered for sale though the IL national auction, and all products sourced from retailers in the Territory will be offered for sale through the Local Auction and Mall in the Territory. It is further understood that any business-to-business initiative by IL or charitable organizational work for a local chapter of a national account of IL (such as Recording Artists Against Drunk Driving) within the Territory, does not infringe on the exclusive rights of Torstar for its Local Auctions and Mall in the Territory.
For greater clarity. THE LICENSEE HAS NO RIGHT OF OWNERSHIP OR RIGHT TO SELL THE BRAINTECH SOFTWARE IN THE EVENT THAT BRAINTECH CEASES TO OPERATE FOR WHATEVER REASON;
For greater clarity. China Net shall, when advised by Jiaertong, make the prescribed minimum payments payable under applicable Chinese mining regulations to maintain the validity and effectiveness of the Permits, and such payments shall be deemed part of the expenditures referred to above.
For greater clarity. ADSC may sub-license its rights hereunder to an Affiliate to the extent considered by ADSC, acting reasonably, advisable for the operation of travel agency services in the Territory.
For greater clarity. (i) after the WCH Early Procured In-Contract Equipment Assignment, Project Co has the same obligations in respect of WCH Early Procured In-Contract Equipment as it does for In-Contract Equipment and Project Co, not WCH, shall be liable as “purchaser” to the vendor under every purchase order and other related contract including manufacturer’s installation invoice related to the WCH Early Procured In- Contract Equipment; and
For greater clarity. (i) where a Subject Shareholder's aggregate percentage of equity in the capital of the Corporation is equal to its Maximum Percentage before giving effect to any acquisition by any person (including the Subject Shareholder) of Shares pursuant to the Applicable Provisions (whether from treasury or otherwise) (each a "Subject Acquisition"), such Subject Shareholder shall be precluded from participating in such a Subject Acquisition and is, without any further action, consent or notice on the part of the Subject Shareholder, deemed to have declined the relevant offer for the purposes of the relevant Applicable Provisions, and (ii) where a Subject Shareholder's aggregate percentage of equity in the capital of the Corporation is less than its Maximum Percentage before giving effect to any Subject Acquisition, such Subject Shareholder shall be permitted to participate in such Subject Acquisition, but only to the extent that its aggregate percentage of equity in the capital of the Corporation before giving effect to the Subject Acquisition does not exceed its Maximum Percentage and such permitted portion is deemed to be such Subject Shareholder's proportionate interest in such Subject Acquisition for the purposes of the relevant Applicable Provisions and, where relevant, the Subject Shareholder is deemed to have rejected any follow on offers under the relevant Applicable Provisions.

Related to For greater clarity

Threshold No Stockholder Indemnitee shall be entitled to indemnification pursuant to Section 6.3(a) for any inaccuracy in or breach of any of Foreign Parent’s, Parent’s or Merger Sub’s representations and warranties set forth in this Agreement (after giving effect to the Parent Disclosure Schedules) until such time as the total amount of all Damages (including the Damages arising from such inaccuracy or breach and all other Damages arising from any other inaccuracies in or breaches of any representations or warranties) that have been suffered or incurred by any one or more of the Stockholder Indemnitees, or to which any one or more of the Stockholder Indemnitees has or have otherwise become subject, exceeds the Threshold in the aggregate, and once the total amount of such Damages exceeds the Threshold, then any Stockholder Indemnitee that has suffered or incurred any Damages shall be entitled to be indemnified against and compensated, reimbursed and paid for only those Damages that exceed the Threshold. The limitation provided in this Section 6.3(b) shall not apply with respect to a claim for breach of the Foreign Parent Excepted Warranties.
Extent of Return or Disposition Return or Disposition is partial. The categories of data to be disposed of are set forth below or are found in an attachment to this Directive: Return or Disposition is Complete. Disposition extends to all categories of data.
Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.
Declaring Higher Value To Third Parties Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.
Promotion to a Higher Classification An employee who is promoted to a higher rated classification within the bargaining unit will be placed in the range of the higher rated classification so that he shall receive no less an increase in wage rate than the equivalent of one step in the wage rate of his previous classification (provided that he does not exceed the wage rate of the classification to which he has been promoted).
Timing of Return or Disposition Data shall be returned or disposed of by the following date: As soon as commercially practicable By the following agreed upon date:
Target Net Assets The Company agrees that the initial Target Business that it acquires must have a fair market value equal to at least 80% of the Company's net assets at the time of such acquisition. The fair market value of such business must be determined by the Board of Directors of the Company based upon standards generally accepted by the financial community, such as actual and potential sales, earnings and cash flow and book value. If the Board of Directors of the Company is not able to independently determine that the target business has a fair market value of at least 80% of the Company's fair market value at the time of such acquisition, the Company will obtain an opinion from an unaffiliated, independent investment banking firm which is a member of the NASD with respect to the satisfaction of such criteria. The Company is not required to obtain an opinion from an investment banking firm as to the fair market value if the Company's Board of Directors independently determines that the Target Business does have sufficient fair market value.
Minimum Adjusted EBITDA Borrowers’ and their Subsidiaries’ Adjusted EBITDA, measured on a month-end basis, for the [__] month period ending _________, 201__ is $___________, which [does/does not] satisfy the minimum Adjusted EBITDA requirement set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. Applicable Amount Applicable Period $5,500,000 For the 10-month period ending October 31, 2013 $6,000,000 For the 11-month period ending November 30, 2013 $7,000,000 For the 12-month period ending December 31, 2013 $7,000,000 For the 12-month period ending January 31, 2014 $7,000,000 For the 12-month period ending February 28, 2014 $7,000,000 For the 12-month period ending March 31, 2014
Nature of Return or Disposition Disposition shall be by destruction or deletion of data. Return shall be by a transfer of data. The data shall be transferred to the following site as follows:
Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, Target Distributions, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Interests in accordance with Section 5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution and Target Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Initial Unit Price of the Common Units immediately prior to giving effect to such distribution.