ACKNOWLEDGED AND AGREED TO Sample Clauses

ACKNOWLEDGED AND AGREED TO. LESSEE LESSOR
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ACKNOWLEDGED AND AGREED TO. [Insert Seller’s name] San Diego Gas & Electric Company
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ACKNOWLEDGED AND AGREED TO. Mother's or Responsible Party's Signature Father's or Responsible Party's Signature
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ACKNOWLEDGED AND AGREED TO. Loma Xxxxx University Medical Center agrees and acknowledges: (i) to accept the terms of Section 7.4(a)(i) hereof as binding upon Loma Xxxxx University Medical Center; (ii) that it consents to the execution and delivery of this Agreement by Encore Pharmaceuticals, Inc. and that it hereby waives any right to claim a breach of the LLUMC License Agreement based solely on the execution and delivery of this Agreement by Licensor; and (iii) that Myriad Pharmaceuticals, Inc. is an intended third party beneficiary under Section 11.4(f) of the LLUMC License Agreement. LOMA XXXXX UNIVERSITY MEDICAL CENTER, a California nonprofit religious corporation Name: /s/ Xxxxxx Xxxxxxx Title: SR VP CFO Name: Title: 5,955,504 US Colorectal Chemoprotective Composition and Method of Preventing Colorectal Cancer (54227/96) AU Use of a R-NSAID in a Protective Composition for the Treatment of Colorectal Cancer
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ACKNOWLEDGED AND AGREED TO. PHAROS GROUP, LLC,
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ACKNOWLEDGED AND AGREED TO. [SELLER, a (include place of formation and business type)], by its duly authorized officers, PACIFIC GAS AND ELECTRIC COMPANY, a California corporation STANDBY LETTER OF CREDIT NO. XXXXXXXX Date: [insert issue date] Beneficiary: Applicant: [Insert name of Applicant and address] Attention: Letter of Credit Amount: [insert amount] Expiry Date: [insert expiry date] Ladies and Gentlemen: By order of [Insert name of Applicant] (“Applicant”), we hereby issue in favor of [Insert name of Beneficiary] (the “Beneficiary”) our irrevocable standby letter of credit No. [Insert number of letter of credit] (“Letter of Credit”), for the account of Applicant, for drawings up to but not to exceed the aggregate sum of U.S. $ [Insert amount in figures followed by (amount in words)] (“Letter of Credit Amount”). This Letter of Credit is available with [Insert name of bank, and the city and state in which it is located] by sight payment, at our offices located at the address stated below, effective immediately. This Letter of Credit will expire at our close of business on [Insert expiry date] (the “Expiry Date”). Funds under this Letter of Credit are available to the Beneficiary against presentation of the following documents:
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ACKNOWLEDGED AND AGREED TO. EJF DISTRESSED MASTER FUND II, LP
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ACKNOWLEDGED AND AGREED TO. The FBR Funds FBR National Trust By:____________________________ By:________________________ Dxxxx X. Xxxxxxx Pxxx Xxxxxxx President Chief Operating Officer FBR Large Cap Financial Fund FBR Small Cap Financial Fund FBR Small Cap Fund FBR Large Cap Technology Fund FBR Small Cap Technology Fund <= $20 MM Greater of 1% or $125,000 >$20MM <= $50MM $200,000 plus 0.33 1/3% of amount greater than 20MM >= $50MM<=$100MM $300,000 plus 0.10% of amount greater than 50MM >=$100MM 0.35% of Assets >=$500MM $1,750,000 plus 0.275% of amount greater than $500MM FBR American Gas Index Fund Any Greater of 0.375% or $125,000 FBR Maryland Tax-Free Portfolio FBR Virginia Tax-Free Portfolio FBR Tax-Free Money Market Portfolio <= $20 MM $60,000 >$20MM <= $100MM 0.30% of Assets >$100MM 0.25% of Assets FBR Fund for Government Investors <= $20 MM $80,000 >$20MM <= $100MM 0.40% of Assets >$100MM 0.35% of Assets *Annual Fee paid monthly and calculated daily on net assets. The fees set forth in Exhibit 2 of the Base Agreement include all Trust costs except: • Investment advisory fee; •
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ACKNOWLEDGED AND AGREED TO. The undersigned parties hereby agree to be bound by the terms and conditions of this Amendment and the Securityholders Agreement. /s/Rogex X. Xxxxxx --------------------------------------------- Rogex X. Xxxxxx, xxdividually and as Co- Trustee with Mary Xxxe Xxxixxxxx Xxxxxx for the Rogex X. Xxxxxx xxx Mary Xxxe Chrixxxxx Xxxxxx Xxxing Trust /s/Mary Xxxe Xxxixxxxx Xxxxxx --------------------------------------------- Mary Xxxe Xxxixxxxx Xxxxxx, xxdividually and as Co-Trustee with Rogex X. Xxxxxx xxx the Rogex X. Xxxxxx xxx Mary Xxxe Chrixxxxx Xxxxxx Xxxing Trust /s/Jeffxxx X. Xxxxxx --------------------------------------------- Jeffxxx X. Xxxxxx, xxdividually and as Co- Trustee with Yvonxx X. Xxxxxx xxx the Jeffxxx X. Xxxxxx xxx Yvonxx X. Xxxxxx Living Trust /s/Yvonxx X. Xxxxxx --------------------------------------------- Yvonxx X. Xxxxxx, xxdividually and as Co- Trustee with Jeffxxx X. Xxxxxx xx Co- Trustee for the Jeffxxx X. Xxxxxx xxx Yvonxx X. Xxxxxx Xxxing Trust THIS FOURTH AMENDMENT TO SECURITYHOLDERS AGREEMENT dated as of August 23, 1996 (the "Amendment") amends that certain Securityholders' Agreement (as hereinafter defined) and is made among DLJ Merchant Banking Partners, L.P., a Delaware limited partnership; DLJ International Partners, C.V., a Netherlands Antilles limited partnership; DLJ Offshore Partners, C.V., a Netherlands Antilles limited partnership; DLJ Merchant Banking Funding, Inc., a Delaware corporation; DLJ Capital Corporation, a Delaware corporation; Sprout Growth II, L.P., a Delaware limited partnership; Sprout Capital VI, L.P., a Delaware limited partnership; DLJ First ESC L.L.C., a Delaware limited liability company; PM Funding, Inc., a Delaware corporation (collectively, the "DLJ Entities"); Phase Metrics, Inc., a California corporation (the "Issuer"); Arthxx X. Xxxxxxx, xx individual ("Cormxxx"); John X. Xxxxxxxx, xx individual ("Schaxxxx"); Richxxx X. Xxxxxxxxx xxx Nanexxx X. Xxxxxxxxx xx Trustees of the Freedland 1994 Unitrust, Alex Xxxxxx xxx Lilixxx Xxxxxx xx Trustees of the Moraxx 0004 Unitrust, Hung Ba Le and Anh Xx xx Trustees of the Le 1994 Unitrust, and Loai Xxxxxx xxx Mickxx Xxxxxx xx Trustees of the Najjxx 0004 Unitrust; Neil X. Xxxxxxxxxx xxx Hart X. Bxxxxxxxxx; Xxgex X. xxx Mary Xxxe Xxxixxxxx Xxxxxx xxx Rogex X. Xxxxxx xxx Mary Xxxe Xxxixxxxx Xxxxxx, xx trustees for the Rogex X. Xxxxxx xxx Mary Xxxe Xxxixxxxx Xxxxxx Xxxing Trust; and Jeffxxx X. xxx Yvonxx X. Xxxxxx xxx Jeffxxx X. Xxxxxx xxx Yvonxx X. Xxxxxx, xx tru...
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Related to ACKNOWLEDGED AND AGREED TO

  • ACCEPTED AND AGREED Cheniere Marketing International LLP

  • Acknowledgment and Agreement By execution below, the Seller expressly acknowledges and consents to the pledge, assignment and Grant of a security interest in the Receivables, the other Transferred Assets and the Issuer’s rights under this Agreement by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Issuer under this Agreement in the event that the Issuer shall fail to exercise the same.

  • Acknowledgement and Agreement By execution below, the Transferor expressly acknowledges and consents to the pledge of the 2024-1 SUBI Certificate and the 2024-1 SUBI and the assignment of all rights and obligations of the Transferor related thereto by the Transferee to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Transferor hereby acknowledges and agrees that for so long as the Notes are Outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Transferee under this Agreement.

  • Acknowledgments and Agreements (a) The Borrower acknowledges that on the date hereof all Obligations are payable without defense, offset, counterclaim or recoupment. (b) The Administrative Agent and the Lenders hereby expressly reserve all of their rights, remedies, and claims under the Loan Documents. Nothing in this Agreement shall constitute a waiver or relinquishment of (i) any Default or Event of Default under any of the Loan Documents, (ii) any of the agreements, terms or conditions contained in any of the Loan Documents, (iii) any rights or remedies of the Administrative Agent or any Lender with respect to the Loan Documents, or (iv) the rights of the Administrative Agent or any Lender to collect the full amounts owing to them under the Loan Documents. (c) Each of the Borrower, the Guarantors, Administrative Agent, and Lenders does hereby adopt, ratify, and confirm the Credit Agreement, as amended hereby, and acknowledges and agrees that the Credit Agreement, as amended hereby, is and remains in full force and effect, and the Borrower and the Guarantors acknowledge and agree that their respective liabilities and obligations under the Credit Agreement, as amended hereby, and the Guaranty, are not impaired in any respect by this Agreement. (d) From and after the Effective Date, all references to the Credit Agreement and the Loan Documents shall mean such Credit Agreement and such Loan Documents as amended by this Agreement. (e) This Agreement is a Loan Document for the purposes of the provisions of the other Loan Documents. Without limiting the foregoing, any breach of representations, warranties, and covenants under this Agreement shall be a Default or Event of Default, as applicable, under the Credit Agreement.

  • Acknowledgements and Agreements You agree, accept and acknowledge the following: (a) THE RSUS AND THIS AGREEMENT DO NOT CREATE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED EMPLOYMENT FOR ANY PERIOD, AND WILL NOT INTERFERE IN ANY WAY WITH YOUR RIGHT OR THE RIGHT OF THE COMPANY OR THE EMPLOYER TO TERMINATE YOUR EMPLOYMENT AT ANY TIME, WITH OR WITHOUT CAUSE. (b) The delivery of the Plan, this Agreement, the Plan’s prospectus and any reports of the Company provided generally to the Company’s shareholders, may be made by electronic delivery. Such means of electronic delivery may include but do not necessarily include the delivery of a link to a Company intranet or the Internet site of a third party involved in administering the Plan, the delivery of the document via e-mail or such other means of electronic delivery specified by the Company. By electronically accepting this Agreement, you agree to the following: “This electronic contract contains my electronic signature, which I have executed with the intent to sign this Agreement.” (c) All decisions or interpretations of the Committee or the Company regarding the Plan, this Agreement and the RSUs shall be binding, conclusive and final on you and all other interested persons. (d) The Plan is established voluntarily by the Company, it is discretionary in nature, and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan. (e) The grant of RSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of RSUs, or benefits in lieu of RSUs, even if RSUs have been granted in the past. (f) All decisions regarding future Awards, if any, will be at the discretion of the Company. (g) You are voluntarily participating in the Plan. (h) The RSUs and any underlying Shares, and the income from and value of same, are not intended to replace any pension rights or compensation. (i) The RSUs and any underlying Shares, and the income from and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments. (j) Unless otherwise agreed with the Company in writing, the RSUs and any underlying Shares, and the income from and value of same, are not granted as consideration for, or in connection with, the service you may provide as a director of a Subsidiary. (k) The future value of the underlying Shares is unknown, indeterminable and cannot be predicted with certainty. (l) For purposes of the RSUs, your employment will be considered terminated as of the date you cease to actively provide services to the Company, the Employer or any member of the Bunge Group (regardless of the reason for such termination and whether or not the termination is later found to be invalid or in breach of employment laws in the jurisdiction where you are employed or the terms of your employment agreement, if any). The Committee shall have the exclusive discretion to determine when you are no longer actively providing services for the purpose of your RSU grant (including whether you may still be considered to be providing services while on a leave of absence). (m) Unless otherwise expressly provided in this Agreement or determined by the Company, any right to vest in the RSUs will terminate as of the date described in the previous paragraph and will not be extended by any notice period (e.g., your period of service would not include any contractual notice period, period of pay in lieu of such notice, any period of “garden leave” or similar period mandated under applicable law). (n) No claim or entitlement to compensation or damages shall arise from forfeiture of the RSUs resulting from the termination of your employment or other service relationship (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are employed or the terms of your employment agreement, if any. (o) The following provisions apply if you are providing services outside the U.S.: (i) The RSUs and any underlying Shares, and the income from and value of same, are not part of normal or expected compensation or salary for any purpose. (ii) None of the Company, the Employer, or any member of the Bunge Group will be liable for any foreign exchange rate fluctuation between your local currency and the U.S. Dollar that may affect the value of the RSUs or of any amounts due to you pursuant to the settlement of the RSUs or the subsequent sale of any Shares acquired upon settlement.

  • Consent and Agreement An original of a Consent and Agreement duly executed by such Subsidiary, pursuant to which such Subsidiary consents and agrees to become a “Credit Party” hereunder and to be bound by the terms and conditions of this Agreement and all other Loan Documents;

  • Representations and Agreements (a) The Advisor represents to and agrees with the Company that: (1) the terms of this Agreement do not violate any obligation by which the Advisor is bound, whether arising by contract, operation of law or regulation, or otherwise; (2) this Agreement has been duly authorized, executed and delivered by the Advisor and constitutes a legal, valid and binding agreement of the Advisor enforceable in accordance with its terms, and the Advisor has full power and authority to enter into this Agreement and to perform its duties hereunder; (3) it shall maintain at all times during the term of this Agreement competent personnel to perform the duties required of it hereunder, and the Advisor’s expenses in connection therewith shall be borne by the Advisor; and (4) the representations and warranties contained herein shall continue and remain in effect during the term of this Agreement, and, if at any time during the term of this Agreement any event occurred which would make any of these foregoing representations untrue, incomplete or inaccurate in any respect, the Advisor will promptly notify the Company of such event. (b) The Company represents to and agrees with the Advisor that: (1) the terms of this Agreement do not violate any obligation by which the Company is bound, whether arising by contract, operation of law or regulation, or otherwise; (2) the Company is the sole owner of the assets covered hereby and such assets are free and clear of any and all liens and restrictions on their transfer or sale, except for applicable transfer restrictions under various securities laws; (3) this Agreement has been duly authorized, executed and delivered by the Company and constitutes a legal, valid and binding agreement of the Company enforceable in accordance with its terms, and the Company has full power and authority to enter into this Agreement and to perform its duties hereunder; (4) the Investment Portfolios are not subject to the U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (5) it is not a “Benefit Plan Investor,” as defined under ERISA; (6) the Company will deliver or cause to be delivered to the Advisor in writing, all the information, documents and instruments that the Advisor may reasonably request in order to perform its duties hereunder; and (7) the representations and warranties contained herein shall continue and remain in effect during the term of this Agreement, and, if at any time during the term of this Agreement any event occurred which would make any of these foregoing representations untrue, incomplete or inaccurate in any respect, the Company will promptly notify the Advisor of such event.

  • NOW THEREFORE, IT IS AGREED Transnet hereby appoints the Service Provider to provide, and Transnet undertakes to accept the supply of Goods / provision of Services provided for herein, as formally agreed between the Parties and in accordance with the Schedule of Requirements / Work Orders issued as a schedule to this Agreement; and

  • Acknowledgment Regarding Any Supported QFCs To the extent that the Loan Documents provide support, through a guarantee or otherwise, for Hedge Agreements or any other agreement or instrument that is a QFC (such support, “QFC Credit Support” and each such QFC a “Supported QFC”), the parties acknowledge and agree as follows with respect to the resolution power of the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act and Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (together with the regulations promulgated thereunder, the “U.S. Special Resolution Regimes”) in respect of such Supported QFC and QFC Credit Support (with the provisions below applicable notwithstanding that the Loan Documents and any Supported QFC may in fact be stated to be governed by the laws of the State of New York and/or of the United States or any other state of the United States): In the event a Covered Entity that is party to a Supported QFC (each, a “Covered Party”) becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer of such Supported QFC and the benefit of such QFC Credit Support (and any interest and obligation in or under such Supported QFC and such QFC Credit Support, and any rights in property securing such Supported QFC or such QFC Credit Support) from such Covered Party will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if the Supported QFC and such QFC Credit Support (and any such interest, obligation and rights in property) were governed by the laws of the United States or a state of the United States. In the event a Covered Party or a BHC Act Affiliate of a Covered Party becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights under the Loan Documents that might otherwise apply to such Supported QFC or any QFC Credit Support that may be exercised against such Covered Party are permitted to be exercised to no greater extent than such Default Rights could be exercised under the U.S. Special Resolution Regime if the Supported QFC and the Loan Documents were governed by the laws of the United States or a state of the United States.

  • Representations and Warranties and Agreements The Adviser represents and warrants to the Sub-Adviser, on an on-going basis, that: (a) The Fund is a “Qualified Purchaser” within the meaning of Investment Company Act of 1940; and (b) The Fund is a “Qualified Eligible Person” as defined in CFTC Rule 4.7, and is either a member of, or exempt from any requirement to become a member of, the National Futures Association, and will maintain and renew such membership or exemption during the term of this Agreement. Further, the Adviser and the Sub-Adviser agree as follows: (c) The Adviser acknowledges that the Sub-Adviser has been authorized to invest in derivatives for the Fund in accordance with the Fund’s investment objective and policies as stated in the Registration Statement. To the extent so authorized, the Adviser agrees that the Sub-Adviser, on the Fund’s behalf, and on such terms as the Sub-Adviser deems appropriate, with prior telephonic or email notice to and in consultation with the Adviser, may take any all such steps as may be required or permitted by the rules and regulations and/or by appropriate market practice to engage in derivatives transactions, including entering into ISDA agreements, clearing agreements, completing documentation, including documentation for clearing facilities, making representations and granting, and providing or executing counterparty documentation and account opening documentation on the Fund’s behalf, on such terms as the Sub-Adviser deems appropriate, in consultation with the Adviser. (d) Further, subject to the limitations under the 1940 Act, the Adviser on request of the Sub-Adviser or the Sub-Adviser may, acting as agent on the Fund’s behalf, agree to a collateral mechanism with counterparties in the market and instruct the custodian to advance cash or securities as collateral to an account designated by the Fund’s custodian and counterparty, broker and/or futures commission merchant (“FCM”) (as applicable) to meet margin/collateral payments if and to the extent required by the rules of exchanges or markets on which such instruments are dealt or as may have been agreed in any master agreement or other contract with a counterparty, including with respect to agency MBS collateral. The Adviser authorizes the Sub-Adviser, to the extent required by regulatory agencies or market practice, to reveal its and/or the Fund’s identity and address to any counterparty, broker or FCM through which or with which financial derivatives and foreign exchange instruments are traded or cleared. The Sub-Adviser may use such clearing firm as it deems appropriate to clear its derivatives transactions. The Adviser covenants that the Fund has full capacity to invest in financial derivatives and foreign exchange instruments. (e) The Sub-Adviser (which is registered with the CFTC as a Commodity Trading Adviser) intends to operate the Fund as an exempt account under CFTC Rule 4.5. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS AGREEMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMODITY FUTURES TRADING COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS AGREEMENT.

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