Agreement to Fund. Subject to the terms, covenants and conditions of this Agreement, the City agrees to disburse the Funding to Funding Recipient to reimburse Funding Recipient for Eligible Costs incurred and paid by Funding Recipient in connection with City-Funded Equipment.
Agreement to Fund. (a) Subject to the terms, covenants and conditions of this Agreement and the Security Agreement and in reliance upon the representations and warranties made by Funding Recipient in this Agreement and the Security Agreement, the City agrees to disburse to Funding Recipient up to the lesser of (a) the amount of the Funding, and (b) the aggregate amount of Eligible Costs incurred by Funding Recipient and reimbursable to Funding Recipient by the City pursuant to this Agreement.
(b) Funding Recipient acknowledges that the City has not represented or warranted that the Funding will be sufficient to pay the cost of acquiring and installing the Equipment or for the operation thereof in accordance with the City Purpose Covenant. Funding Recipient agrees that Funding Recipient will be solely responsible for any excess over the amount of the Funding in the costs of acquiring, installing and operating the Equipment in accordance with the City Purpose Covenant. Funding Recipient further acknowledges that the Funding is not a fee or other compensation earned by or paid to Funding Recipient.
Agreement to Fund. Upon demand by Prosper Funding presented to PMI from time to time, PMI hereby agrees that it shall fund in full, and provide Prosper Funding with the full, complete and timely payment of, any liability, obligation or debt of Prosper Funding arising out of or relating to any of the following, to the extent the following relate to, arise from or are caused by any condition, event or circumstance existing, arising or occurring prior to the date hereof or to any act or omission of PMI as agent of Prosper Funding or in contravention of its duties to Prosper Funding under any contract or agreement between PMI and Prosper Funding:
(a) any obligation to repurchase any of the Outstanding Notes pursuant to the terms of such Outstanding Note, the Indenture or any Lender Registration Agreement pertaining to such Outstanding Note;
(b) any obligation to pay arbitration filing fees, administrative fees or arbitrator fees under any of the Customer Agreements; or
(c) any indemnification obligations arising out of or relating to any Group Leader Registration Agreement entered into by PMI on or prior to the date hereof.
Agreement to Fund. (a) Subject to the terms, covenants and conditions of this Agreement and the Security Agreement and in reliance upon the representations and warranties made by Funding Recipient in this Agreement and the Security Agreement, DDC agrees to disburse to Funding Recipient up to the lesser of (a) the amount of the Funding, and (b) the aggregate amount of Eligible Costs incurred by Funding Recipient and reimbursable to Funding Recipient by DDC pursuant to this Agreement.
(b) Funding Recipient acknowledges that neither DDC nor the City has represented or warranted that the Funding will be sufficient to pay the cost of acquiring the Equipment and/or the Vehicle(s) and/or the operation thereof in accordance with the City Purpose Covenant. Funding Recipient agrees that Funding Recipient will be solely responsible for any excess over the amount of the Funding in the costs of acquiring and operating the Equipment and the Vehicle(s) in accordance with the City Purpose Covenant. Funding Recipient further acknowledges that the Funding is not a fee or other compensation earned by or paid to Funding Recipient.
Agreement to Fund. 2.1 Not more than once per month, the Solicitor may issue to the Funder a draw down request in writing in the amount of:
(a) the Disbursements;
(b) the proportion of the Legal Costs that the parties have agreed in the Budget will be paid current by the Funder, rather than being contingent on success; and
(c) any premium for Insurance that the Funder has agreed to pay
2.2 Not more than once per quarter, the Claimant may issue to the Funder a draw down request in writing for the Working Capital in the amount of up to USD 200,000, subject to a maximum in aggregate of the Working Capital Limit.
2.3 If the Conditions Precedent are all satisfied at that time the Funder will, within 30 calendar days of a request under clause 2.1 or clause 2.2, pay into the Solicitor’s Client Account or the Claimant’s Account, as appropriate, amounts properly requested under that clause.
2.4 If the Funder believes that any amount for which a draw down is requested has not been reasonably incurred the Funder may decline to fund the disputed amount for a period of 20 business days. During that period the Funder must instruct an independent, appropriately-qualified solicitor or barrister to determine whether the relevant amount was reasonably incurred. The Solicitor will be entitled to make representations to the reviewing solicitor or barrister. The decision of that solicitor or barrister will be binding on both parties and his costs will be paid by the Funder and, if the Funder was correct, treated as legal fees incurred by it in connection with the Transaction Documents.
Agreement to Fund. Subject to the terms, covenants and conditions of this Agreement and the performance by Funding Recipient of its Obligations hereunder, the City agrees to disburse the Funding to Funding Recipient to reimburse Funding Recipient for Eligible Project Costs incurred and paid by Funding Recipient in connection with the City-Funded Scope in the manner and to the extent provided in this Agreement. It is understood and agreed that the City does not warrant or represent that the Funding will be sufficient to cover the costs of undertaking the Project to completion, and that Funding Recipient will be solely responsible for any costs and expenses in excess of the Funding that may be incurred in undertaking the Project to completion.
Agreement to Fund. Upon the terms and subject to the conditions herein, Parent hereby agrees to provide or procure from Third Parties sufficient funding to MTI such that MTI is able to perform its obligations under the Strategic Alliance Agreement on a timely basis, up to a maximum funding commitment of twenty million dollars ($20,000,000) for the two-year period commencing as of the date hereof (the "Parent Funding Cap"). Without limiting the foregoing[*] equity investments by Xxxxxxxx made at any time shall not be counted, toward determining compliance with the Parent Funding Cap.
Agreement to Fund. Provided that (a) no Event of Default exists and is continuing hereunder and (b) the Capital Project (i.e., approved by Lessor pursuant to the applicable provisions of this Lease) is commenced within fifteen (15) months of the Commencement Date and is completed within twenty-four (24) months of the Commencement Date, subject to Permitted Delays, then Lessor agrees to provide funding for such Capital Project(s) in accordance with the provisions of this Section 10.3 up the lesser of (i) the amount set forth in the applicable Project Budget for such Capital Project, (ii) $1.5 Million when aggregated with all Capital Projects funded by Lessor pursuant to this Section 10.3 and (iii) the Maximum Funding Amount when aggregated with all Capital Projects funded by Lessor or an Affiliate of Lessor under this Lease and all other Facility Group Leases; provided, however, that in no event shall Lessor provide funding for a Capital Project if the portion of the applicable Project Budget therefor comprised of land, if any, materials, labor charges and fixtures shall be less than eighty-five percent (85%) of the total amount of the Project Budget for such Capital Project.
Agreement to Fund. 2.1. In return for the Claimants’ agreement to pay, where there is a Recovery, the Deployed Funds, the Percentage Sum and the Multiple Sum to the Funder out of Claim Proceeds pursuant to this Agreement and the Priorities Agreement, the Funder agrees to fund the Reasonable Costs and the Legal Expenses Insurance Costs, in accordance with the terms of this Agreement up to a maximum amount of £9,997,530 inclusive of the HP Common Disbursements and VAT, subject to any increase which is agreed in accordance with Clause 4 below. As set out in the Project Plan, the Funder's total Committed Funds, inclusive of the Transaction Costs and Deal fee set out in the Project Plan, is £10,302,553, subject to any subsequent agreement to change any of these sums.
2.2. The Claimants agree that any Recovery shall be applied in accordance with the Priorities Agreement until all Recoveries have been fully applied and under which they will receive 60% of any Damages Proceeds, less a sum equal to unrecovered VAT on Conditional Fees payable under the Lawyers' Fee Agreements.
2.3. Save in cases of breach of this agreement including without limitation as set out under Clause 17.4 in relation to early termination or breach by the Claimants , the Funder agrees that there will be no payment due from the Claimants if there is no Recovery.
Agreement to Fund. (a) Subject to the terms and conditions of this Agreement, the Funder agrees to provide the Applicant with Funding for Eligible Expenses in accordance with Schedule “B” to this Agreement.
(b) Notwithstanding any other provision herein, the aggregate amount of Funding shall not exceed the Maximum Funding Amount.
