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Co Documentation Agent
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Documentation. Each Award shall be evidenced in such form (written, electronic or otherwise) as the Board shall determine. Each Award may contain terms and conditions in addition to those set forth in the Plan.

Documentation. All documents and other matters required by any of the provisions of this Agreement to be submitted or furnished to a Purchaser shall be in form and substance reasonably satisfactory to such Purchaser.

Documentation. Without limiting the foregoing, if any Borrower is a U.S. Person,

Documentation. If Subtenant timely delivers Subtenant’s ROFO Acceptance Notice, then, on the commencement date of Subtenant’s tenancy of the ROFO Space (the “ROFO Space Commencement Date”), the applicable portion of the ROFO Space shall become part of the Subleased Premises, except that # Subtenant’s OpEx Share shall thereafter be a fraction, expressed as a percentage, the numerator of which is rentable square footage of the Subleased Premises including the ROFO Space and the denominator of which is the Total Rentable Floor Area of the Office Portion of the Building and # Subtenant’s Tax Share shall thereafter be a fraction, expressed as a percentage, the numerator of which is rentable square footage of the Subleased Premises including the ROFO Space and the denominator of which is the Total Rentable Floor Area of the Building. Within thirty (30) days of receipt from Tenant, Subtenant shall execute and deliver to Tenant those instruments Tenant reasonably requests to evidence any sublease of ROFO Space under this Section 43 (provided that such instruments are substantially consistent with the terms of the applicable Tenant’s Offer Notice, as affected by the terms of this Section 43). If Subtenant shall fail timely to deliver Subtenant’s ROFO Acceptance Notice to Tenant, or if Subtenant does not timely execute the aforementioned instruments reasonably requested by Tenant (provided the same was accurate), Subtenant shall be deemed to have elected to not lease the applicable ROFO Space, Subtenant will have no further right to lease the applicable ROFO Space pursuant to this Section 43, and the Right of First Offer will be deemed void, terminated and relinquished on a going forward basis.

Documentation. The Lenders shall have received the following, duly executed by all the parties thereto, in form and substance reasonably satisfactory to the Lenders:

Documentation. Each Borrower agrees to be bound by the terms of the Letter of Credit Application and by Agent’s interpretations of any Letter of Credit issued on behalf of such Borrower and by Agent’s written regulations and customary practices relating to letters of credit, though Agent’s interpretations may be different from such Borrower’s own. In the event of a conflict between the Letter of Credit Application and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of bad faith, gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment), Agent shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following the Borrowing Agent’s or any Borrower’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Bank shall have received, in form and substance satisfactory to Bank, each of the following, duly executed:

Documentation. Without limiting the foregoing:

Documentation. Without limiting the foregoing, Lender shall deliver to Borrowers, from time to time upon reasonable request, executed copies of IRS Form W-9, certifying that Lender is exempt from U.S. federal backup withholding Tax. If payment of any Obligation to Lender would be subject to U.S. federal withholding Tax imposed by FATCA if Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), Lender shall deliver to Borrower Agent at the time or times prescribed by law and otherwise upon reasonable request such documentation prescribed by Applicable Law (including [Section 1471(b)(3)(C)(i)] of the Code) and such additional documentation may be appropriate for Borrowers to comply with their obligations under FATCA and to determine that Lender has complied with its obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this [Section 5.7.6], “FATCA” shall include any amendments made to FATCA after the date of this Agreement. Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify Borrower in writing of its legal inability to do so.

Documentation. Each Incremental Term Loan Facility will become effective pursuant to an amendment (each, an “Incremental Term Loan Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Loan Parties, the Agent and the applicable Incremental Term Lenders, and for the avoidance of doubt, no Incremental Term Loan Amendment need be executed by any Lender other than the applicable Incremental Term Lenders; provided, that the Agent shall promptly notify each Lender as to the effectiveness of each Incremental Term Loan Facility. Each of the parties hereto hereby agrees that, upon the effectiveness of any Incremental Term Loan Amendment, this Agreement and the other Loan Documents, as applicable, will be deemed amended to the extent (but only to the extent) necessary to reflect the existence and terms of the Incremental Term Loan Facility (including any necessary amendments to [Section 6.13(j)] and [Section 8.03] solely with respect to the order of priority of payment in relation to Cash Management Services to the extent reasonably acceptable to the Agent) evidenced thereby. Any Incremental Term Loan Facility shall be on the terms set forth in the Loan Documents, as amended by the applicable Incremental Term Loan Amendment, subject to the terms and conditions set forth in this [Section 2.15(b)] and in the FILO Intercreditor Provisions. Any Incremental Term Loan Amendment shall provide # that the Incremental Term Loans provided thereunder # may not mature or require any scheduled cash payment or mandatory prepayment of principal prior to the Maturity Date (except for customary amortization and mandatory prepayments acceptable to the Agent in its reasonable discretion) and # shall be subject to the relative priorities and intercreditor provisions as described in [Section 2.15(b)(iii), (B)])] for the maintenance of a “FILO Reserve” under the Borrowing Base (to be defined as an amount equal to the excess (if any) of # the aggregate outstanding principal amount of the Incremental Term Loans at such time over # the “FILO Borrowing Base” (to be defined in agreement with, and subject to customary terms and conditions reasonably acceptable to, the Incremental Term Lenders, the Agent and the Borrower)), # that the Incremental Term Loans provided thereunder shall not have any obligors other than the Loan Parties and shall not be secured by any assets other than the Collateral, # that the Incremental Term Loans provided thereunder may not be repaid or prepaid other than # to the extent set forth in [clause (A) above], # in connection with a termination of all of the Aggregate Revolving Commitments together with the payment in full (or cash collateralization, as applicable) of all Revolving Loans, Swing Line Loans and L/C Obligations or #

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