Appointment of U Sample Clauses

Appointment of U. S. Borrower as Agent for Borrowers; Reliance by Administrative Agent 64 Section 3. Taxes; Change In Circumstances 64 Section 3.1. Taxes 64 Section 3.2. Change of Law 68 Section 3.3. Unavailability of Deposits or Inability to Ascertain, or Inadequacy of, LIBOR 68 Section 3.4. Increased Costs 68 Section 3.5. Funding Indemnity 70 Section 3.6. Discretion of Lender as to Manner of Funding 70 Section 3.7. Lending Offices; Mitigation Obligations 71 Section 4. Conditions Precedent 71 Section 4.1. Initial Credit Event 71 Section 4.2. All Credit Events 73 Section 4.2. Post Closing 74 Section 5. Representations and Warranties 74 Section 5.1. Organization and Qualification 74 Section 5.2. Subsidiaries 74 Section 5.3. Authority and Validity of Obligations 75 Section 5.4. Use of Proceeds; Margin Stock 75 Section 5.5. Financial Reports 76 Section 5.6. No Material Adverse Change 76 Section 5.7. Full Disclosure 76 Section 5.8. Intellectual Property, Franchises, and Licenses 76 Section 5.9. Governmental Authority and Licensing 76 Section 5.10. Good Title 76 Section 5.11. Litigation and Other Controversies 77 Section 5.12. Taxes 77 Section 5.13. Approvals 77 Section 5.14. Affiliate Transactions 77 Section 5.15. Investment Company 77 Section 5.16. ERISA and Canadian Pension Plans 77 Section 5.17. Compliance with Laws 78 Section 5.18. OFAC 79 Section 5.19. Canadian Anti Money Laundering Legislation 79 Section 5.20. Labor Matters 79 Section 5.21. Other Agreements 79 Section 5.22. Solvency 80 Section 5.23. No Default 80 Section 5.24. No Broker Fees 80 Section 6. Affirmative Covenants 80 Section 6.1. Maintenance of Business 80 Section 6.2. Maintenance of Properties 80 Section 6.3. Taxes and Assessments 80 Section 6.4. Insurance 80 Section 6.5. Financial Reports 81 Section 6.6. Inspection; Field Audits 83 Section 6.7. ERISA; Canadian Pension Plans and Canadian Benefit Plans 84 Section 6.8. Compliance with Laws 85 Section 6.9. Compliance with OFAC Sanctions Programs 86
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Appointment of U. S. ENERGY AS CLIENT’S AGENT – Client agrees to appoint U.S. Energy as its agent, for purposes of managing its energy supplies for its facilities referred to above. U.S. Energy accepts its appointment as Client’s agent for these purposes.
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Appointment of U. S. ENERGY AS DAKOTA ETHANOL's AGENT. Dakota Ethanol agrees to appoint U.S. Energy as its agent, for purposes of managing Dakota Ethanol's natural gas and electric supply for its facility referred to above. U.S. Energy accepts its appointment as Dakota Ethanol's agent for those purposes.
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Appointment of U. S. WARRANT AGENT.
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Appointment of U. S. Growth Investments, Inc. as the Distributor The Trust hereby appoints the Distributor as its agent for the sale and distribution of Shares of the Fund, on the terms and conditions set forth in this Agreement, and the Distributor hereby accepts such appointment and agrees to perform the services and duties set forth in this Agreement.
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Appointment of U 
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Related to Appointment of U

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of Agent GE Capital is hereby appointed to act on behalf of all Lenders as Agent under this Agreement and the other Loan Documents. The provisions of this Section 9.2 are solely for the benefit of Agent and Lenders and no Credit Party nor any other Person shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement and the other Loan Documents, Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Credit Party or any other Person. Agent shall have no duties or responsibilities except for those expressly set forth in this Agreement and the other Loan Documents. The duties of Agent shall be mechanical and administrative in nature and Agent shall not have, or be deemed to have, by reason of this Agreement, any other Loan Document or otherwise a fiduciary relationship in respect of any Lender. Except as expressly set forth in this Agreement and the other Loan Documents, Agent shall not have any duty to disclose, and shall not be liable for failure to disclose, any information relating to any Credit Party or any of their respective Subsidiaries or any Account Debtor that is communicated to or obtained by GE Capital or any of its Affiliates in any capacity. Neither Agent nor any of its Affiliates nor any of their respective officers, directors, employees, agents or representatives shall be liable to any Lender for any action taken or omitted to be taken by it hereunder or under any other Loan Document, or in connection herewith or therewith, except for damages caused by its or their own gross negligence or willful misconduct. If Agent shall request instructions from Requisite Lenders or all affected Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Loan Document, then Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all affected Lenders, as the case may be, and Agent shall not incur liability to any Person by reason of so refraining. Agent shall be fully justified in failing or refusing to take any action hereunder or under any other Loan Document (a) if such action would, in the opinion of Agent, be contrary to law or the terms of this Agreement or any other Loan Document, (b) if such action would, in the opinion of Agent, expose Agent to Environmental Liabilities or (c) if Agent shall not first be indemnified to its satisfaction against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of Requisite Lenders or all affected Lenders, as applicable.

  • Appointment of Agents The Custodian may at any time or times in its discretion appoint (and may at any time remove) any other bank or trust company which is itself qualified under the Investment Company Act of 1940, as amended, to act as a custodian, as its agent to carry out such of the provisions of this Article 2 as the Custodian may from time to time direct; provided, however, that the appointment of any agent shall not relieve the Custodian of its responsibilities or liabilities hereunder.

  • Appointment of Receiver, Etc (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings, any Borrower or any of the Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state or foreign Law; (ii) an involuntary case shall be commenced against Holdings, any Borrower or any of the Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, any Borrower or any of the Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, any Borrower or any of the Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, any Borrower or any of the Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty days without having been dismissed, bonded or discharged; or (iii a moratorium under the laws of the United Kingdom is declared in respect of any Indebtedness of a Foreign Credit Party organized under the laws of England and Wales; or

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents.

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment of Custodian On behalf of each of its Portfolios, each Fund hereby employs and appoints the Custodian as a custodian, subject to the terms and provisions of this Agreement. Each Fund shall deliver to the Custodian, or shall cause to be delivered to the Custodian, cash, securities and other assets owned by each of its Portfolios from time to time during the term of this Agreement and shall specify to which of its Portfolios such cash, securities and other assets are to be specifically allocated.

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • APPOINTMENT OF ADVISER The Manager hereby appoints the Adviser to act as an investment adviser for the Fund, subject to the supervision and oversight of the Manager and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Manager in any way or otherwise be deemed an agent of the Trust or the Manager except as expressly authorized in this Agreement or another writing by the Trust, the Manager and the Adviser.

  • Appointment of Asset Manager; Acceptance of Appointment The Series hereby appoints the Asset Manager as asset manager to the Series for the purpose of managing the Series #TICKER Asset. The Asset Manager hereby accepts such appointment.

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