Compliance with the Act and Regulations Sample Clauses

Compliance with the Act and Regulations. The Registration Statement, at the time it became effective, complied in all material respects with the requirements of the Act and the Regulations. Each Preliminary Prospectus, at the time it was filed, complied as to form in all material respects with the Act and the Regulations. The Sale Preliminary Prospectus, at the time it was filed, complied in all material respects with the Act and the Regulations. The Prospectus, at the time it is filed and at the Closing Time and any Option Closing Time, will comply in all material respects with the Act and the Regulations.

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Compliance (Core Principle A): The Amendments are consistent with Core Principle A - Compliance and Commission Regulation 39.10, as the Amendments clarify and enhance ICE NGX’s policies and procedures for complying with Commission regulations and internal policies. Risk Management (Core Principle D): The Amendments facilitate ICE NGX’s compliance with Core Principle D - Risk management and Commission Regulation 39.13(g), as the Amendments simplify ICE NGX’s processes relating to wire payment fees for cash collateral transfers. Settlement Procedures (Core Principle E): The Amendments facilitate ICE NGX’s compliance with Core Principle E - Settlement procedures and Commission Regulation 39.14, as the Amendments simplify ICE NGX’s settlement processes relating to wire payment fees. Treatment of Funds (Core Principle F): The Amendments facilitate ICE NGX’s compliance with Core Principle F - Treatment of funds and Commission Regulation 39.15(e), as the Amendments simplify the calculation and payment of interest by ICE NGX to Contracting Parties on cash collateral. Public Information (Core Principle L): The Amendments facilitate ICE NGX’s compliance with Core Principle L and Commission Regulations 39.21(b) and (c)(6), as the Amendments consolidate requirements for a Contracting Party to provide certain information and notices to ICE NGX. Legal Risk Considerations (Core Principle R): The Amendments facilitate ICE NGX’s compliance with Core Principle R - Legal risk considerations and Commission Regulations • § 39.27(b), as the Amendments specify that ICE NGX may assign its rights, benefits and interests under the CPA to any provider of default insurance to ICE NGX; • § 39.27(b), as the Amendments update and clarify the general provisions notices in the CPA and the provisions relating to notices by ICE NGX of changes to the CPA; • § 39.27(b)(2), as the Amendments clarify ICE NGX’s netting arrangements as between Contracting Party Affiliates (as that term is defined in the CPA); • § 39.27(b)(3), as the Amendments clarify certain p...

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Participant and Product Eligibility (Core Principle C): The Amendments relating to the ERCOT Solar Shape Products comply with Core Principle C - Participant and Product Eligibility and Commission Regulation 39.12, as the ERCOT Solar Shape Products meet ICE NGX’s product eligibility standards, developed in accordance with Core Principle C, including, in particular, ICE NGX’s ability to manage the risks associated with the ERCOT Solar Shape Products Participant and Product Eligibility (Core Principle C): The Amendments relating to Regulatory & Compliance facilitate ICE NGX’s compliance with Core Principle C - Participant and Product Eligibility and Commission Regulation 39.12, as the Amendments clarify and enhance ICE NGX’s authority to monitor for and investigate potential non-compliance by Contracting Parties with ICE NGX’s Rules (as defined in the Amendments). Risk Management (Core Principle D): The Amendments relating to General Suspensions facilitate ICE NGX’s compliance with Core Principle D - Risk management and Commission Regulation 39.13, as the Amendments enhance ICE NGX’s additional authority to act to protect the derivatives clearing organization. Specifically, the amendments strengthen ICE NGX’s authority to take appropriate action to manage risks through a General Suspension in extreme circumstances. Settlement Procedures (Core Principle E): The Amendments relating to Contracting Party representations and warranties in physically-settled U.S. natural gas products facilitate ICE NGX’s compliance with Core Principle E - Settlement procedures and Commission Regulation 39.14, as the Amendments correct errors in the relevant provisions. Specifically, the Amendments clarify that a Contracting Party is making each of the listed representations and warranties, and not one of the listed representations and warranties at its election.

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Participant and Product Eligibility (Core Principle C): The Amendments facilitate ICE NGX’s compliance with Core Principle C - Participant and Product Eligibility and Commission Regulation 39.12(b)(1)(iii), as the Amendments refine the alternative reference price for certain Ontario financially settled power products, reflecting market changes anticipated to be implemented by the local independent system operator. Risk Management (Core Principle D): The Amendments facilitate ICE NGX’s compliance with Core Principle D - Risk management and Commission Regulation • 39.13(g)(5), as the Amendments make a number of changes to the CPA in Schedule “C” - Risk Management Policy that improve transparency and readability of ICE NGX’s rules; • 39.13(g)(10), (11) and (12), as the Amendments that recognize the full amount of letter of credit collateral until the expiry of the letter of credit reflect prudent valuation of collateral assets and appropriate management of credit and liquidity risks relating to letters of credit;

Compliance with the Act and Regulations. The EDOB hereby agrees to comply with all provisions of the Act and the regulations and guidance promulgated thereunder with respect to the use of the Program Funds. In particular, the EDOB will comply and will require any subgrantees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) (the Uniform Guidance) to the extent applicable.

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Financial Resources (Core Principle B): The Amendments facilitate ICE NGX’s compliance with Core Principle B - Financial Resources and Commission Regulation 39.11, as the Amendments update ICE NGX’s certain definitions relating to financial resources. Public Information (Core Principle L): The Amendments facilitate ICE NGX’s compliance with Core Principle B - Financial Resources and Commission Regulation 39.21, as the Amendments will facilitate updating of ICE NGX’s public disclosure.

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Settlement Procedures (Core Principle E): The Amendments facilitate ICE NGX’s compliance with Core Principle E - Settlement procedures and Commission Regulation 39.14, as the Amendments clarify and strengthen ICE NGX’s settlement processes. Specifically, the Amendments harmonize and consolidate (and re-insert) the CPA provisions relating to invoicing including early payment of invoices and late payment of invoices. Default Rules and Procedures (Core Principle G): The Amendments facilitate ICE NGX’s compliance with Core Principle G - Default rules and procedures and Commission Regulation 39.16, as the Amendments reiterate ICE NGX’s authority to act in the case of a late or missed settlement payment by a Contracting Party (included in the CPA definition of “Failure to Pay” and thereby in the CPA definition of “Default”).

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Participant and Product Eligibility (Core Principle C): The Amendments facilitate ICE NGX’s compliance with Core Principle C - Participant and Product Eligibility and Commission Regulation 39.12(b), as the Amendments strengthen the availability of reliable prices in respect of Ontario financially settled power products, in light of potential market changes currently under consideration by the independent system operator. Settlement Procedures (Core Principle E): The Amendments facilitate ICE NGX’s compliance with Core Principle E - Settlement procedures and Commission Regulation 39.14, as the Amendments clarify and strengthen ICE NGX’s settlement processes. Specifically, the Amendments strengthen ICE NGX’s ability to confirm delivery performance of Assigned Delivery products, in order to reduce and mitigate the risk of ICE NGX arising from the lack of transparency on actual delivery including in the case of a default and liquidation.

Compliance with the Act and Regulations. ICE NGX reviewed the amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Compliance (Core Principle C): The amendments are consistent with Core Principle C - Compliance and Commission Regulation 39.10, as the New Futures Contracts meet ICE NGX’s product eligibility standards, developed in accordance with Core Principle C, including, in particular, ICE NGX’s ability to manage the risk associated with the New Futures Contracts.

Compliance with the Act and Regulations. ICE NGX reviewed the Amendments and determined that they comply with the requirements of the Act and the rules and regulations promulgated by the Commission in implementing the Act. In this regard, ICE NGX reviewed the derivatives clearing organizations core principles (“Core Principles”) and determined that the amendments are potentially relevant to the following Core Principles and the applicable regulations of the Commission thereunder. Risk Management (Core Principle D): The Amendments facilitate ICE NGX’s compliance with Core Principle D - Risk management and Commission Regulation 39.13, as the Amendments enhance ICE NGX’s ability to access cash provided by a Contracting Party in the event of a default by that Contracting Party. Specifically, the “Step Two” amendments provide for the merging, into a single cash collateral account, both (a) cash provided by a Contracting Party to facilitate daily settlement of variation margin gains and losses on Financially Settled Canadian Power Products and (b) interest paid to a Contracting Party on its cash collateral balance, with (c) cash collateral, and deeming all cash in the cash collateral account to be Eligible Collateral Support as defined in the CPA. Settlement Procedures (Core Principle E): The Amendments facilitate ICE NGX’s compliance with Core Principle E - Settlement procedures and Commission Regulation 39.14, as the Amendments clarify and strengthen ICE NGX’s settlement processes. Specifically, the Amendments harmonize and consolidate the CPA provisions relating to invoicing, provide that payments of cash collateral and outstanding settlement amounts must be made wire payment only, and strengthen ICE NGX’s processes for settling daily variation margin gains and losses on Financially Settled Canadian Power Products. Treatment of Funds (Core Principle F): The Amendments facilitate ICE NGX’s compliance with Core Principle F - Treatment of funds and Commission Regulation 39.15, as the Amendments clarify the treatment, holding and return of cash collateral from ICE NGX’s clearing participants. Specifically, the Amendments strengthen ICE NGX’s ability to access cash collateral if required, and strengthen and clarify the processes and treatment of cash collateral received from clearing participants.