Notices Generally. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy or electronic mail, as follows:
Notices Generally. Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in [Section 14.1(B)]), all notices, requests and other communications to any party hereunder shall be in writing (including electronic transmission, facsimile transmission or similar writing) and shall be given to such party as follows:
Generally. In the event of any change in the outstanding Shares after the Effective Date by reason of any Share dividend or split, reorganization, recapitalization, merger, consolidation, spin-off, combination, combination or transaction or exchange of Shares or other corporate exchange, or any distribution to shareholders of Shares other than regular cash dividends or any transaction similar to the foregoing, the Committee in its sole discretion and without liability to any person may make such substitution or adjustment, if any, as it deems to be equitable, as to # the number or kind of Shares or other securities issued or reserved for issuance pursuant to the Plan or pursuant to outstanding Awards, # the maximum number of Shares for which Awards (including limits established for Restricted Stock or Other Stock-Based Awards) may be granted during a calendar year to any Participant, # the Option Price or exercise price of any Stock Appreciation Right and/or # any other affected terms of such Awards.
Generally. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the audited financial statements described in [Section 6.2], except as otherwise specifically prescribed herein. Notwithstanding the foregoing, for purposes of determining compliance with any covenant (including the computation of any financial covenant) contained herein, Debt of Borrower and its Subsidiaries shall be deemed to
Generally. From and after the Issue Date, Holders shall be entitled to receive, on a cumulative basis, # distributions in the form of additional fully paid Series C Preferred Units (which may be fractional units) (the “PIK Distributions”) and # distributions in the form of cash (the “Cash Distributions”), as set forth in this Section 4.
Generally. The Company designates its principal U.S. executive offices as an office or agency where Warrants may be presented for registration of transfer or for exchange and exercise (the “Registrar”). At all times when any Warrant is outstanding, the Company will maintain an office in the continental United States constituting the Registrar.
Generally. The Warrants that are outstanding at any time will be deemed to be those Warrants that, at such time, have been duly executed by the Company, excluding those Warrants that have theretofore been # cancelled by the Registrar or delivered to the Registrar for cancellation in accordance with [Section 3(l)]; # paid or settled in full upon their exercise in accordance with this Warrant Agreement; or # deemed to cease to be outstanding to the extent provided in, and subject to, [[clause (ii), (iii) or (iv) of this Section 3(m)])])]].
Generally. The Warrants may be exercised only pursuant to the provisions of this [Section 5].
Generally. To exercise any Warrant represented by a Certificate, the Holder of such Warrant must # complete, sign and deliver to the Company an Exercise Notice (at which time, in the case such Certificate is an Electronic Certificate, such Exercise will become irrevocable, expect as otherwise provided herein); # if such Certificate is a Physical Certificate, deliver such Physical Certificate to the Company (at which time such Exercise will become irrevocable, expect as otherwise provided herein); and # subject to [Section 5(f)], deliver the Aggregate Strike Price for such exercise in accordance with [Section 5(c)(ii)] (if Physical Settlement applies to such exercise).
Generally. If there occurs any:
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