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Article 122a Sample Clauses

Article 122a. For the purposes of Article 122a, the Transferor agrees with the Issuer that it and/or its affiliates that are consolidated with it for accounting purposes at a group level (“Consolidated Affiliates”) will, in the aggregate, retain and hold, on an ongoing basis, a net economic interest in the Issuer in the form specified in paragraph 1(d) of Article 122a both initially and at all times for as long as any Notes remain outstanding. The Transferor shall notify the Trustee and the Issuer of any change in such entities holding the retained net economic interest in the Issuer, and of any breach of the obligation to retain such net economic interest in the Issuer. The Transferor will confirm in writing on a monthly basis to the Issuer (so that the Issuer may so state in the Monthly Report) that the Transferor (directly and/or indirectly through one or more of its Consolidated Affiliates) is in compliance with its agreement to retain and hold, on an ongoing basis, such net economic interest.
Sample 1
Article 122a. As of the Closing Date, the Borrower shall ensure (by obtaining a signed Retention of Net Economic Interest Letter from a Responsible Officer of the Retention Provider) that the Retention Provider (i) at all times holds the Retained Amount in accordance with option (d) of paragraph 1 of Article 122a, (ii) has not changed and will not change the manner in which it retains the Retained Amount, except to the extent permitted under Article 122a and (iii) has not entered and will not enter into any credit risk mitigation, short position or any other credit risk hedge or credit risk hedging arrangement of any kind with respect to the Retained Amount, except to the extent permitted under Article 122a.
Sample 1

Related to Article 122a

  • Section 125 The benefits provided to an administrator by Section 125 of the Revenue Act of 1978, both Generation I and Generation II, shall be made available. Any start-up cost and annual fee (if charged) will be paid by the school district and the monthly administrative fee will be paid by participating administrator.

  • Section 11.1 28 The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 29 of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided.

  • SECTION 112 Governing Law..................................................14 SECTION 113. Legal Holidays.................................................14

  • Section 6.2 13 The Association representatives may represent the Association and employees in meeting with officials 14 of the District to discuss appropriate matters of mutual interest. They may receive and investigate to 15 conclusion complaints or grievances of employees on District time and thereafter advise employees of 16 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 17 the grievances or complaints. They may not, however, continue to advise the employee on courses of 18 action after the employee has indicated a desire not to pursue a grievance. This does not, however, 19 preclude the Association's right to pursue the matter to conclusion. They may consult with the District 20 on complaints without a grievance being made by an individual employee.

  • SECTION 114 Language of Notices, Etc. ............................... 11

  • Section 11.3 No Personal Liability of Directors, Officers, Employees, Stockholders or Incorporators........................... 31

  • Section 17 Right Certificate Holder Not Deemed a Stockholder................13 Section 18. Concerning the Rights Agent......................................14 Section 19. Merger or Consolidation or Change of Name of Rights Agent........14 Section 20.

  • SECTION 104 Acts of Holders; Record Dates................................ 10

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

  • Section 5.2 29 It is further recognized that this Agreement does not alter the responsibility of either party to meet with the 30 other party to advise, discuss or consult regarding matters concerning working conditions not covered by 31 this Agreement. 35 A R T I C L E V I 36 37 ASSOCIATION REPRESENTATION 38

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