GREATER Sample Clauses

GREATER. If you live in a jurisdiction that does not allow any of the above exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed. In no event shall Cue be liable to you for damages (other than as may be required by applicable law in cases involving personal injury). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
GREATER. Except as set forth in this Section 5.B, the Company shall have no other obligations to You. The Company's obligation to provide the payments set forth in this Section 5.B above shall be conditioned upon the following (the "Separation Conditions"):
GREATER. The Applicable Margin shall be adjusted on the first day of each March, June, September and December (or, if such day is not a Business Day, on the next succeeding Business Day), based on the Total Leverage Ratio as of the last day of the preceding Fiscal Quarter. If the Borrower should fail to deliver in a timely manner a certificate required under Section 7.1.1(d) hereof, then, until the Borrower shall have provided such certificate, it shall be 10 presumed that the Total Leverage Ratio as of the end of the preceding Fiscal Quarter was greater than 4.50 (and, from the date of the delivery of such certificate, the Applicable Margin for all Base Rate Loans and Eurodollar Rate Loans shall be determined by reference to such certificate).
GREATER. If you live in a jurisdiction that does not allow any of the above exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed. In no event shall Cue be liable to you for damages (other than as may be required by applicable law in cases involving personal injury). NEITHER CUE NOR ANY OF ITS SUPPLIERS OR LICENSORS (EXCEPT TO THE EXTENT OF ANY LIABILITY BY 98POINT6) SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE OR OTHER HEALTHCARE ITEMS AND SERVICES THAT YOU OBTAIN FROM 98POINT6, ANY AGENT OR CONTRACTOR OF 98POINT6 OR A PHYSICIAN AFFILIATED WITH 98POINT6 VIA THE TELEHEALTH SERVICE PROVIDED BY 98POINT6 THROUGH THE CUE HEALTH APP NOR FOR ANY INFORMATION OBTAINED FROM THE TELEHEALTH SERVICES. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY PHYSICIANS OR OTHER PERSONS OR INFORMATION PROVIDED BY THE TELEHEALTH SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. Cue does not make any representations or warranties about the training or skill of any physicians or other persons providing telehealth services. You are ultimately responsible for choosing your particular physician through the telehealth services furnished by 98point6. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
GREATER for itself, its successors and assigns, hereby covenants and agrees that the Option Agreement is now and shall be subject and subordinate to the lien of the Mortgage and to any now existing or future extensions, consolidations, modifications or renewals thereof, advances thereunder, or supplements thereto, with the same force and effect as if the Mortgage and such future extensions, consolidations, modifications or renewals thereof, advances thereunder or supplements thereto had been executed, acknowledged, delivered and recorded prior to the execution, acknowledgment and delivery of the Option Agreement.

Related to GREATER

Maximum Percentage A holder of a Warrant may notify the Company in writing in the event it elects to be subject to the provisions contained in this subsection 3.3.5; however, no holder of a Warrant shall be subject to this subsection 3.3.5 unless he, she or it makes such election. If the election is made by a holder, the Warrant Agent shall not effect the exercise of the holder’s Warrant, and such holder shall not have the right to exercise such Warrant, to the extent that after giving effect to such exercise, such person (together with such person’s affiliates), to the Warrant Agent’s actual knowledge, would beneficially own in excess of 4.9% or 9.8% (or such other amount as a holder may specify)(the “Maximum Percentage”) of the shares of Common Stock outstanding immediately after giving effect to such exercise. For purposes of the foregoing sentence, the aggregate number of shares of Common Stock beneficially owned by such person and its affiliates shall include the number of shares of Common Stock issuable upon exercise of the Warrant with respect to which the determination of such sentence is being made, but shall exclude shares of Common Stock that would be issuable upon (x) exercise of the remaining, unexercised portion of the Warrant beneficially owned by such person and its affiliates and (y) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by such person and its affiliates (including, without limitation, any convertible notes or convertible preferred stock or warrants) subject to a limitation on conversion or exercise analogous to the limitation contained herein. Except as set forth in the preceding sentence, for purposes of this paragraph, beneficial ownership shall be calculated in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). For purposes of the Warrant, in determining the number of outstanding shares of Common Stock, the holder may rely on the number of outstanding shares of Common Stock as reflected in (1) the Company’s most recent annual report on Form 10-K, quarterly report on Form 10-Q, current report on Form 8-K or other public filing with the Commission as the case may be, (2) a more recent public announcement by the Company or (3) any other notice by the Company or the Transfer Agent setting forth the number of shares of Common Stock outstanding. For any reason at any time, upon the written request of the holder of the Warrant, the Company shall, within two (2) Business Days, confirm orally and in writing to such holder the number of shares of Common Stock then outstanding. In any case, the number of outstanding shares of Common Stock shall be determined after giving effect to the conversion or exercise of equity securities of the Company by the holder and its affiliates since the date as of which such number of outstanding shares of Common Stock was reported. By written notice to the Company, the holder of a Warrant may from time to time increase or decrease the Maximum Percentage applicable to such holder to any other percentage specified in such notice; provided, however, that any such increase shall not be effective until the sixty-first (61st) day after such notice is delivered to the Company.