PARAGRAPH SIX. For the purposes of the special obligation referred to in item XII of this Clause, from the release date of the funds to the effective return date, payments already made as compensatory interest or amortization of principal must be deducted from the updated amount to be refunded to the BNDES, if applicable.
PARAGRAPH SIX. The Adviser acknowledges and agrees that the Sub-Adviser shall have no responsibility for filing claims on behalf of the Adviser, the Trust or the Funds or for providing advice with respect to any class action, bankruptcy proceeding or any other action or proceeding in which the Funds or the Trust may be entitled to participate as a result of its securities, commodities, swaps or other financial instrument or other holdings. The Sub-Adviser’s responsibility, with respect thereto, shall be limited to reasonable cooperation with the custodian and the Adviser of the managed assets. The Adviser acknowledges that the Sub-Adviser is not the official record keeper with respect to the managed assets.
PARAGRAPH SIX. The Company agrees to continue in effect during the Notice Period any compensation and benefits to which the Executive may be entitled as an employee of the Company. It is understood and agreed that at the expiration of the Notice Period, the Executive's entitlement to any such compensation and benefits shall cease.
PARAGRAPH SIX. The BUYER must bear all the costs resulting from the formalization of the agreements for connection and utilization of the transmission or distribution system, according to the case.
PARAGRAPH SIX. All the payments due by the BUYER must be made free of any burdens or deductions not expressly foreseen in this AGREEMENT, as long as not resulting from legal and/or regulatory determination. Paragraph Seven – The SELLER must discriminate in the Electric Power Formal Xxxx of Sale / Invoice, in addition to the value referent to the power installment, the value of the ICMS tax, which is the responsibility of the CONTRACTOR, if due, in the form of the specific legislation.
PARAGRAPH SIX. The PARTIES acknowledge and accept that his AGREEMENT can be terminated by prior written notice sent by one PARTY to the other, in the event of one PARTY refraining from fulfilling its contractual obligations for a period greater than 180 (one hundred and eighty) consecutive days due to an Act of God or Force Majeure event, exempting the PARTY in default from indemnifying the other PARTY in the manner foreseen in this AGREEMENT.
PARAGRAPH SIX. The Electric Distribution Lines and Systems of the Company, including the structures, towers, poles, wires, insulators and appurtenances, appliances, conductors, conduits, cables, transformers, meters, regulator stations and regulators, accessories, devices and equipment and all of the Company’s other property, real, personal or mixed, forming a part of or used, occupied or enjoyed in connection with or in anywise appertaining to said distribution lines and systems, together with all the Company’s rights-of-way, easements, permits, prescriptions, privileges, municipal or other franchises, licenses, consents, immunities and rights for or relating to the construction, maintenance or operation thereof, through, over, under, or upon any public streets or highways, public or private lands, including all additions, improvements or replacements to all of the distribution systems located in the municipalities and parishes set forth in the Mortgage and in the First through Twelfth Supplemental Indentures and including the additional distribution systems situated in the State of Louisiana and located at, in, near, or in the vicinity of the municipalities and/or communities and parishes set forth below: Name Parish Boothville Plaquemines Buras Plaquemines East Xxxxx Xxxxxxx Empire Plaquemines Nairn Plaquemines Port Sulphur Plaquemines Triumph Plaquemines Venice Plaquemines And also all branches, extensions, improvements and developments of or appertaining to or connected with said distribution lines, systems or any of them, and all other distributing systems of the Company and parts thereof, wherever situated, whether connected or not connected with any of the foregoing systems and whether now owned or hereafter acquired, as well as all of the Company’s rights-of-way, easements, privileges, prescriptions, permits, municipal or other franchises, consents and rights for or relating to the construction, maintenance or operation thereof or any part thereof, through, over, under or upon any public streets or highways or public or private lands, whether now owned or hereafter acquired, subject, however, to the provisions of Section 87 of the Mortgage. PARAGRAPH SEVEN The certain franchises, privileges, permits, grants and consents for the construction, operation and maintenance of electric systems in, on and under streets, alleys, highways, roads, and public grounds, areas and rights-of-way, and/or for the supply and sale of electricity, and all rights incident thereto, wh...
PARAGRAPH SIX. For the purposes of assessing ratios mentioned in subsection fourteen and Paragraph Three of this Clause, as well as for the provisions in subsections eleven, twelve and thirteen of this Clause, the following definitions and criteria shall be adopted:
PARAGRAPH SIX. The terms dealt with in Paragraph Five above shall not be applicable in the following situations, and BNDES may determine the early termination of this Agreement immediately after the notice sent under the terms of Paragraph Seven of this Clause: I – Ruling of bankruptcy or judicial reorganization of BENEFICIARY, and/or; II – In the cases where the subject must necessarily be communicated to the Public Attorney’s Office, and/or; III – In the event described in item “b” of the main section of this Clause, observing the provisions of Paragraph Three of this Clause;
PARAGRAPH SIX. The BENEFICIARY undertakes to, within the term of up to thirty (30) days counted as of the date of signature of the Agreement referred to by Paragraph Seven of this Section, evidence to BNDES that the debtors of credits assigned in relation to the fiduciary assignment are aware of the rights and bank data, which have been previously agreed upon with BNDES, in relation to the “Centralizing Account” to which said funds shall be deposited, upon notice to be made by a Registry of Titles and Deeds or by means of a public or private deed filed with the Titles and Deeds Registry of the Judicial District of Rio de Janeiro and the judicial districts of the domiciles of debtors of the credits assigned, whose contents shall be in compliance with the form to be provided by BNDES.
