[[Bank of America:Organization]] may perform vulnerability testing of [[Organization A:Organization]]’s system to test the remediation measures implemented after a security incident or event to protect Confidential Information.

Notwithstanding the foregoing, for purposes of determining the Fixed Charge Coverage Ratio as of any testing date, Fixed Charges shall be reduced by an amount equal to the lesser of # the aggregate amount of Fixed Charges described in sub-clauses (i) and (ii) of [clause (b) above] that are attributable to, paid or scheduled to be paid in respect of Deferred Acquisition Obligations incurred in connection with Permitted Acquisitions, and # the Available Deferred Acquisition Obligation Netting Amount as of such testing date.

-2 For purposes of testing whether this Plan is top-heavy, the present value of an individual’s accrued benefits and an individual’s Account balances is counted only once each year.

the board of directors (or other comparable governing body) of the target shall have duly approved the transaction; # Borrowers shall have delivered to Agent # to the extent # such acquisition is consummated during the period beginning on the date of a Financial Covenant Testing Triggering Event and ending on the date of the corresponding Financial Covenant Testing Satisfaction Event or # the total costs and liabilities (including without limitation, all assumed liabilities, all earn-out payments, deferred payments and the value of any other stock or

Effective for plan years beginning on or after January 1, 2015, the plan administrator shall calculate the actual deferral percentage for the highly compensated employees using the prior year testing method.

The costs of the third-party testing report, as required by ZTE’s clients, provided by suppliers directly supplying materials to ZTE’s engineering projects shall be borne by such suppliers;

The Consultant shall provide consulting, design, manufacturing, assembly and testing services to the Company with respect to the Company’s machines and business at the remuneration as provided for in this Agreement.

For the purposes of paragraph 8, "commercial production" shall not include milling of ores for the purpose of testing or milling by a pilot plant or milling during an initial tune-up period of a plant.

This provisional employment offer is contingent upon satisfactory completion of our employment screening process. This process includes a criminal background check, prior employment and education degree verification(s), substance abuse testing, and additional verifications as needed.

all discrimination testing reports and actuarial reports submitted for the three (3) years preceding the Execution Date by third party administrators, actuaries, investment managers, consultants, or other independent contractors with respect to any Benefit Plan; and