Example ContractsClausesNon-Encouragement Provision
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Non-Encouragement Provision. Executive agrees that she will not instigate, cause, advise or encourage any other persons, groups of persons, corporations, partnerships or any other entity to file litigation against the Company.

If the Company enters into or has entered into any Additional Transaction Support Agreement (or any amendment thereof or waiver thereof) that contains any provision that is more favorable to the Supporting Stakeholder party to such Additional Transaction Support Agreement than the provisions of this Agreement, the Company shall promptly provide the Support Party notice thereof and a copy of such provision, and upon such notice, unless the Support Party elects otherwise within five (5) days of such notice, this Agreement shall be deemed to be amended to conform the provisions of this Agreement with such more favorable provision.

INVALID PROVISION. In the event any provision of this Agreement should be or become invalid or unenforceable, such facts shall not affect the validity and enforceability of any other provision of this Agreement. Similarly, if the scope of any restriction or covenant contained herein should be or become too broad or extensive to permit enforcement thereof to its full extent, then any such restriction or covenant shall be enforced to the maximum extent permitted by law, and Employee hereby consents and agrees that the scope of any such restriction or covenant may be modified accordingly in any judicial proceeding brought to enforce such restriction or covenant.

Whistleblower Provision. Nothing contained in this Agreement shall be construed to prevent Employee from reporting any act or failure to act to the Securities and Exchange Commission or other governmental body or prevent Employee from obtaining a fee as a “whistleblower” under Rule 21F-17(a) under the Securities Exchange Act of 1934 or other rules or regulations implemented under the Dodd-Frank Wall Street Reform Act and Consumer Protection Act.

Recoupment Provision. In the event of intentional misconduct of the [[Team Member:Person]] that causes the Company material financial or material reputational harm, or contributes a restatement of the Company’s consolidated financial statements, the Company may take one or more of the following actions with respect to the Award, as determined by the Human Resources & Compensation Committee of the Board in its sole discretion, and the [[Team Member:Person]] shall be bound by such determination:

Forfeiture Provision. The Executive shall forfeit any unpaid benefit hereunder, if the Executive, directly or indirectly, either as an individual or as a proprietor, stockholder, partner, officer, director, employee, agent, consultant or independent contractor of any individual, partnership, corporation or other entity (excluding an ownership interest of three percent (3%) or less in the stock of a publicly-traded company):

SECTION # ADOPTION, AMENDMENT AND TERMINATION 19

General Servicing Provision. The Master Servicer hereby agrees to service and administer each Participation Interest sold pursuant to the Master Participation Agreement in accordance with the terms of this Master Agreement, the terms of each related Participation Agreement, applicable law and the terms of such Participation Interest. In connection with such servicing and administration, the Master Servicer shall, consistent with and subject to all other servicing-related provisions in this Master Agreement and each Participation Agreement, have full power and authority, acting alone and/or through sub-servicers, to do or cause to be done any and all things, in connection with such servicing and administration, that the Master Servicer may deem necessary or desirable and consistent with the terms of this Master Agreement. In servicing and administering each Participation Interest, the Master Servicer shall employ procedures in accordance with the Customary Servicing Procedures of the Master Servicer and shall monitor each Borrower’s compliance with its Credit Documents. The Master Servicer will exercise the same care in servicing each Participation Interest that it exercises in servicing Loans to the same Borrower or similar borrowers held in the Master Servicer’s portfolio or serviced by it. The Master Servicer will act in the best interest of the Participant in servicing each Participation Interest.

The Vendor shall promptly furnish, or cause to be furnished, to the Purchaser all information concerning the Vendor, its Affiliates and their respective Representatives that may be required or reasonably requested in connection with any action contemplated by this Article 9, including in any other statement, filing, notice or application made by or on behalf of the Purchaser to the SEC. If the Vendor becomes aware of any information that should be disclosed in an amendment or supplement to the Registration Statement, then the Vendor shall promptly inform the Purchaser thereof. The Vendor shall use reasonable best efforts to ensure that none of the information related to it or any of its Affiliates or their respective Representatives, supplied by or on its behalf for inclusion or incorporation by reference in the Registration Statement shall, at the time the Registration Statement is initially filed with the SEC, at each time at which it is amended, or at the time it becomes effective under the 1933 Act contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading.

Provision of Services. Pursuant to the terms and subject to the conditions of this Agreement, Seller shall provide, or cause to be provided, to the , the transition services described in attached [Schedule A] (collectively, the “Transition Services”).

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