Example ContractsClausesExercise for Cash
Exercise for Cash
Exercise for Cash contract clause examples

any Investment in Holdings, the Borrower or any Restricted Subsidiary or any Person that becomes a Restricted Subsidiary as a result of such Investment or that is consolidated or merged with or into, or transfers all or substantially all of the assets of it or an operating unit or line of business to, Holdings or a Restricted Subsidiary;

Cash Collateralization. If any Event of Default shall occur and be continuing, on the Business Day that receives notice from [[Administrative Agent:Organization]] or the Required [[Organization B:Organization]] (or, if the maturity of the Loans has been accelerated, [[Organization B:Organization]] with LC Exposure representing greater than 50% of the total LC Exposure) demanding the deposit of cash collateral pursuant to this paragraph, shall deposit in an account with [[Administrative Agent:Organization]], in the name of [[Administrative Agent:Organization]] and for the benefit of [[Organization B:Organization]] (the “LC Collateral Account”), an amount in cash equal to 103% of the Dollar Amount of the LC Exposure as of such date plus any accrued and unpaid interest thereon; provided that # the portions of such amount attributable to undrawn Foreign Currency Letters of Credit or LC Disbursements in a Foreign Currency that is not late in reimbursing shall be deposited in the applicable Foreign Currencies in the actual amounts of such undrawn Letters of Credit and LC Disbursements and # the obligation to deposit such cash collateral shall become effective immediately, and such deposit shall become immediately due and payable, without demand or other notice of any kind, upon the occurrence of any Event of Default with respect to described in [clause (h) or (i) of Article VI]. For the purposes of this paragraph, the Foreign Currency LC Exposure shall be calculated using the applicable Exchange Rate on the date notice demanding cash collateralization is delivered to . also shall deposit cash collateral pursuant to this paragraph as and to the extent required by Section 2.11(b). Such deposit shall be held by [[Administrative Agent:Organization]] as collateral for the payment and performance of the Obligations. [[Administrative Agent:Organization]] shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Other than any interest earned on the investment of such deposits, which investments shall be made at the option and sole discretion of [[Administrative Agent:Organization]] and at ’s risk and expense, such deposits shall not bear interest. Interest or profits, if any, on such investments shall accumulate in such account. Moneys in such account shall be applied by [[Administrative Agent:Organization]] to reimburse each Issuing Bank for LC Disbursements for which it has not been reimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of for the LC Exposure at such time or, if the maturity of the Loans has been accelerated (but subject to the consent of [[Organization B:Organization]] with LC Exposure representing greater than 50% of the total LC Exposure), be applied to satisfy other Obligations. If is required to provide an amount of cash collateral hereunder as a result of the occurrence of an Event of Default, such amount and all interest thereon (to the extent not applied as aforesaid) shall be returned to # if provided within three (3) Business Days after all Events of Default have been cured or waived, and # if provided pursuant to Section 2.11(b), within three (3) Business Days after cover for LC Disbursements pursuant to Section 2.11(b) is no longer necessary to eliminate the excess referred to therein.

Cash Portion. The Company hereby agrees to pay the Agents (or the designees authorized by such Agents), as a condition to the applicable Closing(s) of the Offering, as compensation for their services hereunder, a cash fee equal to Eight Percent (8%) of the gross proceeds from any sale of Securities in the Offering sold to investors (the “Agents Cash Fee”). The Agents Cash Fee shall be paid to Katalyst, who shall allocate such fee as agreed to by Katalyst and Dinosaur. To the extent there is more than one Closing, payment of the applicable Agents Cash Fee will be made at each Closing and paid by the Company to and in the name provided to the Company by the Agents at the time of each Closing.

Cash Bonus. Executive shall be entitled to a fraction of any Cash Bonus for the fiscal year of the Company within which Executive’s termination of employment occurs which, based upon the criteria established for such Cash Bonus, would have been payable to Executive had she remained employed through the date of payment, the numerator of which is the number of days of such fiscal year prior to her termination of employment and the denominator of which is three hundred and sixty-five (365); and

Cash Collateral. If the reallocation described in clause (a)(iv) above cannot, or can only partially, be effected, the [[Consolidated Parties:Organization]] shall, within two (2) Business Days and without prejudice to any right or remedy available to it hereunder or under Applicable Law, Cash Collateralize the L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 2.15.

Cash Bonus. You will be eligible for a discretionary annual bonus of up to 35% of Executive’s Base Salary (the “Annual Bonus”), based on previous year performance. In determining whether to grant a bonus, in its discretion, the Board of Directors of the Company will take into account your performance and milestone achievements. Bonus payments are subject to approval and discretion of the Board of Directors of the Company. Performance objectives will be defined in alignment with the corporate goals. Target annual cash bonus is to be paid within 90 days of the subsequent year. Executive must remain an active employee through the end of any given calendar year in order to earn an Annual Bonus for that year.

Cash Settlement. If the RSUs are settled in cash, the Grantee authorizes the Company and/or the Employer, or their respective agents, at their discretion, to satisfy any obligation for Tax-Related Items by withholding from the cash amount paid to the Grantee in settlement of the RSUs and any Dividend Equivalents, or from the Grantee’s wages or other cash compensation paid to the Grantee by the Company and/or the Employer.

Cash Management. The Borrowers shall # establish (or shall have established) the Deposit Account and the Cash Management Account in accordance with Section 2.6, # deposit all funds received by them following the date hereof into the Deposit Account and # direct each Manager to deposit all funds received by each Manager following the date hereof pertaining to the Properties into the Deposit Account.

Cash Collateral Cash Collateral may be invested, at Agent’s discretion (and with the consent of Borrowers, as long as no Event of Default exists), but Agent shall have no duty to do so, regardless of any agreement or course of dealing with any Borrower, and shall have no responsibility for any investment or loss, unless determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of Agent Each Borrower hereby grants to Agent, as security for the Obligations, a Lien in all Cash Collateral held from time to time and all proceeds thereof, whether held in a Cash Collateral Account or otherwise Agent may apply Cash Collateral to the payment of Obligations as they become due, in such order as Agent may elect; provided, that during the term of this Agreement Cash Collateral received pursuant to [Section 233] may only be applied to the payment of Obligations while a Default or Event of Default exists Each Cash Collateral Account and all Cash Collateral shall be under the sole dominion and control of Agent, and no Borrower or other Person shall have any right to any Cash Collateral, until Full Payment of all Obligations

Cash Dividends. Any cash dividends that may be paid with respect to the Shares will be paid to you as soon as practicable following the applicable vesting date of such Shares but in no event later than March 15 of the calendar year immediately following the applicable vesting date. Dividends will be paid to you, and will be taxable in the same manner as other compensation paid to you, by the Company. In the case of any Shares which are forfeited by you, no cash dividends will be paid to you with respect to any forfeited Shares on or after the date such forfeiture occurs.

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