AGENCY DEBT Sample Clauses

AGENCY DEBT. 6.19.1 IF AGENCY, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT AGENCY HAS INCURRED A DEBT, HE OR SHE SHALL IMMEDIATELY NOTIFY AGENCY IN WRITING. IF AGENCY DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO AGENCY UNDER THIS AGREEMENT, AND AGENCY WAIVES ANY RECOURSE THEREFOR. AGENCY SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF EVERY YEAR DURING THE TERM OF THIS AGREEMENT. As the demand for various personnel within the City routinely exceeds the current capacity of full-time personnel, as noted in the Job Classifications (EXHIBIT A-1), the intent of the contingent workforce services contract is to increase existing capacity by sourcing additional personnel resources to manage and support services for the City of Houston. 1. Agency shall provide temporary employment services, as required by the City, for job classifications shown in EXHIBIT A-1. If during the contract period, positions not listed on EXHIBIT A-1 are required, the City may solicit price quotations from selected agencies and add new positions to the contract. There is no guarantee of any minimum amount of services that may be requested during the term of this contract. Multiple vendors deemed to be fully qualified and best suited may be selected. 2. Agency should have expertise in sourcing, screening and providing quality candidates to fill a diverse range of job categories, including: • Administrative/Clerical • Animal Services • Customer/Community Services • Finance/Accounting • General Labor/Maintenance • Planning/Program/Project Management • IT Professionals and personnel • Health Care Professionals 3. Temporary employees are retained for seasonal work, work of fixed duration or other work which does not have a reasonable expectancy to continue indefinitely. 4. Whenever a department requires temporary assistance because of a special project, a temporary increase in the work load, or absence of a regular employee, the temporaryassignment shall be made for a period of no more than six months and/or 960 hours but may be extended with approval from the Director of HR (Director) or his or her designee. In the event of an emergenc...
Sample 1
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AGENCY DEBT. ‌ 6.19.1 IF AGENCY, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT AGENCY HAS INCURRED A DEBT, HE OR SHE SHALL IMMEDIATELY NOTIFY AGENCY IN WRITING. IF AGENCY DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO AGENCY UNDER THIS AGREEMENT, AND AGENCY WAIVES ANY RECOURSE THEREFOR. AGENCY SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF EVERY YEAR DURING THE TERM OF THIS AGREEMENT. I, , , (Name) (Title) as an owner or officer of (Agency) have authority to bind Agency with respect to its bid, offer or performance of any and all contracts it may enter into with the City of Houston; and that by making this Agreement, I affirm that the Agency is aware of and by the time the contract is awarded will be bound by and agree to designate appropriate safety impact positions for company employee positions, and to comply with the following requirements before the City issues a notice to proceed: 1. Develop and implement a written Drug Free Workplace Policy and related drug testing procedures for the Agency that meet the criteria and requirements established by the Mayor’s Amended Policy on Drug Detection and Deterrence (Mayor’s Drug Policy) and the Mayor’s Drug Detection and Deterrence Procedures for Contractors (Executive Order No. 1-31). 2. Obtain a facility to collect urine samples consistent with Health and Human Services (HHS) guidelines and a HHS certified drug testing laboratory to perform the drug tests. 3. Monitor and keep records of drug tests given and the results; and upon request from the City of Houston, provide confirmation of such testing and results. 4. Submit semi-annual Drug Policy Compliance Declarations. I affirm on behalf of the Agency that full compliance with the Mayor’s Drug Policy and Executive Order No. 1-31 is a material condition of the contract with the City of Houston. I further acknowledge that falsification, failure to comply with or failure to timely submit declarations and/or documentation in compliance with the Mayor’s Drug Policy and/or Executive Order No. 1-31 will be considered a breach of the contract with the City and may result in non-award or termination of the contra...
Sample 1
AGENCY DEBT. Prior to the Close of Escrow, Buyer shall receive from each of the Agency Lenders from which consent is required pursuant to the terms of the Agency Debt Documents, written approval (which shall not include any conditions that imposed material obligations on Buyer not usually and customarily included in such approvals) for (i) the assumption of the Assumption Debt, and (ii) full prepayment of the applicable Paid Debt at the Close of Escrow, to the extent Buyer has elected to have the same paid at Closing, all of which approvals shall be on terms acceptable to Buyer in its reasonable discretion. Seller agrees that it shall take all actions reasonably necessary to permit Buyer to assume the Assumption Debt, to facilitate, and deliver the required prepayment notices in connection with, prepayment of the applicable Paid Debt at the Close of Escrow, and to permit Buyer (or its assignee or nominee, including, without limitation, New Operator) to assume Seller’s leasehold interest in the Mansfield Lease, including providing such information concerning Seller and the operation of the Property and executing and delivering such documents as required by the Agency Lenders. In connection with the assumption of the Assumption Debt, Seller agrees to transfer its regulatory agreements and other related documentation related to such Assumption Debt and to cooperate in any so-called “Transfer of Physical Assets”, A7, or other similar procedure or process of HUD. Prior to the Close of Escrow, Seller and the applicable Agency Lenders shall execute all necessary instruments to effectuate the foregoing consents, assumptions, and assignment of all applicable HUD Escrows. With respect to the Mansfield Facility, Buyer shall cause New Operator, promptly following the Due Diligence Expiration Date, to apply for a Modified Transfer of Physical Assets with respect to the Mansfield Facility (the “Mansfield MTPA”) in order to secure Existing Mansfield Lender’s approval of New Operator’s occupancy of the Mansfield Facility and the transfer of any applicable regulatory agreements in connection therewith. HUD’s approval of such Mansfield MTPA, including, without limitation, HUD’s willingness to permit New Operator’s use of any HUD Escrows applicable to the Mansfield Facility, shall be a condition precedent to the Close of Escrow in favor of Buyer; provided, however, if the Mansfield MTPA is not received at least five (5) business days prior to the Closing, then the Buyer shall proceed to ...
Sample 1
AGENCY DEBT. Prior to the Close of Escrow, Seller shall receive from each of the Agency Lenders from which consent is required pursuant to the terms of the Agency Debt Documents, written approval for the assignment of the Assumption Debt to Buyer or its assignee or designee, which approval shall not include any conditions not usually and customarily included therein. Notwithstanding anything in this Agreement to the contrary, the Seller Contingency described in this clause (a) must occur prior to the Close of Escrow but is not tied to any specific date and, therefore, other than the outside closing date referred to in Section 4(b) (i.e. December 31, 2015), Seller may not terminate this Agreement for failure of the contingency described in this clause (a) to occur on or before a certain date.
Sample 1

Related to AGENCY DEBT

  • Agency Obligations In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set of said plans, together with one copy of calculations, and one copy of specifications in English Units, must be submitted to BNSF for acceptance prior to commencement of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project. 4. Agency must acquire all rights of way necessary for the construction of the Project. 5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project.. 6. Agency must construct the Project as shown on the attached Exhibit A and do all work (“Agency’s Work”) provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency’s Work. The principal elements of Agency’s Work are as follows:

  • Agency Fee The Borrower shall pay to the Agent (for its own account) an agency fee in the amount and at the times agreed in a Fee Letter.

  • Agency Shop It is mutually agreed by the parties that this Unit is an agency shop Unit. It is the intent of the parties that the agency shop provisions in the Memorandum of Understanding comply with applicable state law (Government Code Section 3502.5).

  • Agency Fees Borrower shall pay to the Administrative Agent an agency fee in such amounts and at such times as heretofore agreed upon by letter agreement between Borrower and the Administrative Agent. The agency fee is for the services to be performed by the Administrative Agent in acting as Administrative Agent and is fully earned on the date paid. The agency fee paid to the Administrative Agent is solely for its own account and is nonrefundable.

  • Agency Cross Transactions From time to time, the Advisor or brokers or dealers affiliated with it may find themselves in a position to buy for certain of their brokerage clients (each an "Account") securities which the Advisor's investment advisory clients wish to sell, and to sell for certain of their brokerage clients securities which advisory clients wish to buy. Where one of the parties is an advisory client, the Advisor or the affiliated broker or dealer cannot participate in this type of transaction (known as a cross transaction) on behalf of an advisory client and retain commissions from one or both parties to the transaction without the advisory client's consent. This is because in a situation where the Advisor is making the investment decision (as opposed to a brokerage client who makes his own investment decisions), and the Advisor or an affiliate is receiving commissions from both sides of the transaction, there is a potential conflicting division of loyalties and responsibilities on the Advisor's part regarding the advisory client. The Securities and Exchange Commission has adopted a rule under the Investment Advisers Act of 1940, as amended, which permits the Advisor or its affiliates to participate on behalf of an Account in agency cross transactions if the advisory client has given written consent in advance. By execution of this Agreement, the Trust authorizes the Advisor or its affiliates to participate in agency cross transactions involving an Account. The Trust may revoke its consent at any time by written notice to the Advisor.

  • Agency Service Fee As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

  • Rating Agency Fees The Depositor shall pay (or cause to be paid) the annual fees of each Rating Agency including, but not limited to, surveillance fees.

  • Bank Financing The Buyer’s ability to purchase the Property is contingent upon the Buyer’s ability to obtain financing under the following conditions: (check one) ☐ - Conventional Loan ☐ - FHA Loan (Attach Required Addendums) ☐ - VA Loan (Attach Required Addendums) ☐ - Other:

  • Rating Agency Downgrade In the event that BSFP’s long-term unsecured and unsubordinated debt rating is withdrawn or reduced below “AA-” by S&P or its long-term unsecured and unsubordinated debt rating is withdrawn or reduced below “Aa3” by Moody’s (and together with S&P and Fitch, the “Swap Rating Agencies”, and such rating thresholds, “Approved Rating Thresholds”), then within 30 days after such rating withdrawal or downgrade, BSFP shall, subject to the Rating Agency Condition, at its own expense, either (i) cause another entity to replace BSFP as party to this Agreement that meets or exceeds the Approved Rating Thresholds and that is approved by Radian Insurance Inc. and Financial Guaranty Insurance Company (each a “NIMS Insurer” and collectively, the “NIMS Insurers”) (which approval shall not be unreasonably withheld) on terms substantially similar to this Agreement, (ii) obtain a guaranty of, or a contingent agreement of another person with the Approved Rating Thresholds, to honor, BSFP’s obligations under this Agreement; provided that such other person is approved by the NIMS Insurers, such approval not to be unreasonably withheld, (iii) post collateral satisfactory to each Swap Rating Agency and the NIMS Insurers which will be sufficient to restore the immediately prior ratings of the Certificates and any note insured by the NIMS Insurers, or (iv) establish any other arrangement satisfactory to the Swap Rating Agencies and the NIMS Insurers, which will be sufficient to restore the immediately prior ratings of the Certificates and any note insured by the NIMS Insurers. For purposes of this provision, “Rating Agency Condition” means, with respect to any particular proposed act or omission to act hereunder that the party acting or failing to act must consult with any of the Swap Rating Agencies then providing a rating of the Certificates and receive from the Swap Rating Agencies a prior written confirmation that the proposed action or inaction would not cause a downgrade or withdrawal of the then-current rating of the Certificates.

  • Collection Practices; Escrow Deposits; Interest Rate Adjustments The origination, servicing and collection practices used by the Seller and the Interim Servicer with respect to the Mortgage Loan have been in all respects in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all respects legal and proper. With respect to escrow deposits and Escrow Payments, all such payments are in the possession of, or under the control of, the Seller or the Interim Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law and the provisions of the related Mortgage Note and Mortgage. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage and Mortgage Note on the related Interest Rate Adjustment Date. If, pursuant to the terms of the Mortgage Note, another index was selected for determining the Mortgage Interest Rate, the same index was used with respect to each Mortgage Note which required a new index to be selected, and such selection did not conflict with the terms of the related Mortgage Note. The Seller or the Interim Servicer executed and delivered any and all notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and the Monthly Payment adjustments. Any interest required to be paid pursuant to state, federal and local law has been properly paid and credited;

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