Example ContractsClausesAdditional Incurrence Capacity
Additional Incurrence Capacity
Additional Incurrence Capacity contract clause examples

Additional Incurrence Capacity . Notwithstanding anything to the contrary in this Article VII, upon the receipt of a Nexstar Designation Letter, the Borrower may incur Lien, Indebtedness or Investment, as applicable, in an amount up to the amount of Lien, Indebtedness or Investment, as applicable, set forth in such Nexstar Designation Letter; provided # that the Borrower shall otherwise comply with the restrictions set forth in the applicable provision in the Nexstar Credit Agreement and (b[[Borrower:Organization]] (x[[Borrower:Organization]] such Liens or Indebtedness incurred pursuant to this [Section 7.17], in each case do not exceed the amount otherwise permitted to be incurred under Section 7.01(y[[Borrower:Organization]] and Section 7.02(w[[Borrower:Organization]] of the Nexstar Credit Agreement, as applicable and # such Investments incurred pursuant to this [Section 7.17] do not exceed $75,000,000 of the amount permitted to be incurred under Section 7.03(w[[Borrower:Organization]] of the Nexstar Credit Agreement. To the extent applicable, the incurrence of any Lien, Indebtedness or Investment pursuant to this [Section 7.17] shall be otherwise deemed to be permitted under the other Sections of this Article VII.

Article # EVENTS OF DEFAULT AND [[Unknown Identifier]]

Capacity. Executive shall serve Employer as President and Chief Executive Officer of Employer and may serve as an officer of other entities owned in whole or in part by the Employer, with such powers and duties as may be set forth in the bylaws or as otherwise prescribed from time to time by Employer, which duties shall include, without limitation, strategic and long range planning for, and oversight of the day-to-day operations of Employer. Executive’s continued employment with Employer is conditioned upon performance and results as set forth herein.

Additional Incurrence Capacity. Notwithstanding anything to the contrary in this Article VII, upon the receipt of a Nexstar Designation Letter, the Borrower may incur Lien, Indebtedness or Investment, as applicable, in an amount up to the amount of Lien, Indebtedness or Investment, as applicable, set forth in such Nexstar Designation Letter; provided # that the Borrower shall otherwise comply with the restrictions set forth in the applicable provision in the Nexstar Credit Agreement and (b[[Borrower:Organization]] (x[[Borrower:Organization]] such Liens or Indebtedness incurred pursuant to this Section 7.17, in each case do not exceed the amount otherwise permitted to be incurred under Section 7.01(y[[Borrower:Organization]] and Section 7.02(w[[Borrower:Organization]] of the Nexstar Credit Agreement, as applicable, and # such Investments incurred pursuant to this Section 7.17 do not exceed $75100,000,000 of the amount permitted to be incurred under Section 7.03(w[[Borrower:Organization]] of the Nexstar Credit Agreement. To the extent applicable, the incurrence of any Lien, Indebtedness or Investment pursuant to this Section 7.17 shall be otherwise deemed to be permitted under the other Sections of this Article VII.

Capacity. The Executive shall serve the Employer as its Executive Vice President and Chief Lending Officer. The Executive shall be principally responsible for loan portfolio growth, risk management, and contribution to profit, subject to the directions of the Employer’s Board of Directors (the “Board”), Chief Executive Officer (the “CEO”) or President. Executive shall also serve Employer in such other or additional offices and capacities as the Executive may be requested to serve by the Board, the CEO or the President and shall perform such services and duties in connection with the business, affairs and operations of, Employer as may be assigned or delegated from time to time to Executive, when rendering services in such other or additional capacities, by or under the authority of the Board, the CEO or the President.

Additional Incurrence Capacity. Notwithstanding anything to the contrary in this Article VII, upon the receipt of a Nexstar Designation Letter, the Borrower may incur Lien, Indebtedness or Investment, as applicable, in an amount up to the amount of Lien, Indebtedness or Investment, as applicable, set forth in such Nexstar Designation Letter; provided # that the Borrower shall otherwise comply with the restrictions set forth in the applicable provision in the Nexstar Credit Agreement and (b[[Borrower:Organization]] (x[[Borrower:Organization]] such Liens or Indebtedness incurred pursuant to this Section 7.17, in each case do not exceed the amount otherwise permitted to be incurred under Section 7.01(y[[Borrower:Organization]] and Section 7.02(w[[Borrower:Organization]] of the Nexstar Credit Agreement, as applicable, and # such Investments incurred pursuant to this Section 7.17 do not exceed $100,000,000 of the amount permitted to be incurred under Section 7.03(w[[Borrower:Organization]] of the Nexstar Credit Agreement. To the extent applicable, the incurrence of any Lien, Indebtedness or Investment pursuant to this Section 7.17 shall be otherwise deemed to be permitted under the other Sections of this Article VII.

Article # EVENTS OF DEFAULT AND [[Unknown Identifier]]

Capacity. Subject to the terms and conditions of this Agreement, the Executive shall serve the Employer as Executive Vice President & General Manager of LiveArea. The Executive shall also serve one or more of the direct or indirect subsidiaries or affiliates of Employer’s parent organization, PFSweb, Inc., a Delaware corporation (including its direct and indirect subsidiaries, collectively, “PFSweb”), in such office or such other or additional offices as the Executive may be requested to serve by the Chief Executive Officer of PFSweb (the “CEO”). In such capacity or capacities, the Executive shall report directly to the CEO, or to such other officer of PFSweb as the CEO shall direct, and shall perform such services and duties in connection with the business, affairs and operations of the Employer and/or one or more of the direct or indirect subsidiaries or affiliates of Employer or of PFSweb as are commensurate with such position and/or as may be assigned or delegated to the Executive from time to time by or under the authority of the CEO or such other officer of PFSweb as the CEO shall direct.

Capacity. Beginning on December 13, 2022, the Employee will be the Company’s Executive Vice President and Chief Development and Digital Officer. The Employee shall report to the Company’s President and Chief Executive Officer (the “CEO”) and will perform the responsibilities and duties, and shall have the authority, as may be assigned to him hereafter from time to time by the CEO or the board of directors of the Company (the “Board”), consistent with the Employee’s titled position. The Employee will use his best efforts to promote the interests, prospects and condition (financial and otherwise) and welfare of the Company and shall perform his duties and responsibilities to the best of the Employee’s ability in a diligent, trustworthy, businesslike and efficient manner.

Capacity. The Executive shall serve the Employer as its Executive Vice President and Director of Depository Services. The Executive shall be principally responsible for managing the Private Banking Team, establishing new client relationships and generating new deposits subject to the directions of the Employer’s Board of Directors (the “Board”), Chief Executive Officer (the “CEO”) or President. Executive shall also serve Employer in such other or additional offices and capacities as the Executive may be requested to serve by the Board, the CEO or the President and shall perform such services and duties in connection with the business, affairs and operations of, Employer as may be assigned or delegated from time to time to Executive, when rendering services in such other or additional capacities, by or under the authority of the Board, the CEO or the President.

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