Asset Book Sample Clauses

Asset Book. MAEM will establish and maintain an asset management book for the Mid-Atlantic region (the "Asset Book") to track and measure the financial performance of all hedges and other transactions entered into with respect to the Generxxxxx Station and the Other Generators' generating stations, which Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for power resources managed by MAEM.
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Asset Book. MAEM will maintain an asset management book for Project Company and Mirant Mid-Atlantic, LLC (the “MIRMA Asset Book”) to track and measure the financial performance of all xxxxxx and other transactions entered into with respect to the Generating Station and the generating stations owed by Mirant Mid-Atlantic, LLC. The MIRMA Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for other Asset Companies. Unless otherwise designated in writing by Project Company and Mirant Mid-Atlantic, LLC, all transactions in the MIRMA Asset Book will be allocated solely to Mirant Mid-Atlantic, LLC.
Sample 1Sample 2
Asset Book. MAEM will maintain an asset management book for the New York region (the “Asset Book”) to track and measure the financial performance of all transactions with respect to the Generating Stations including, but not limited to, (i) the sale of Products generated by, or available from, the Generating Stations pursuant to any Offers, Third Party Contracts and/or Direct Contracts, (ii) Purchased Power, (iii) the purchase of Fuel and any related Fuel xxxxxx and trading activities, (iv) the purchase of Emissions Allowances and any related emissions xxxxxx and trading activities and (v) the purchase of transmission and/or transportation capacity. The Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for other Asset Companies. Transactions in the Asset Book shall be allocated to individual books that are established for each Project Company. Unless otherwise designated in writing by Project Companies, transactions in the Asset Book will be allocated proportionately to each Project Company based on the actual dispatch of the Generating Stations, as provided by Project Companies to MAEM (with the exception of sales of capacity, which shall be allocated proportionately based on the actual capacity of the generating units).
Sample 1Sample 2
Asset Book. MAEM will maintain an asset management book for Project Company and Mirant Peaker, LLC (the “Non-MIRMA Asset Book”) to track and measure the financial performance of all xxxxxx and other transactions entered into with respect to the Generating Station, the generating station owned by Mirant Peaker, LLC, and, unless otherwise agreed by the Parties, transactions entered into related to the Makewhole Reimbursement Agreement dated September 1, 2001 between Mirant Americas, Inc. and MAEM. The Non-MIRMA Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for power resources managed by MAEM. Unless otherwise designated in writing by Project Company and Mirant Peaker, LLC, transactions in the Non-MIRMA Asset Book will be allocated solely to Mirant Americas, Inc.
Sample 1Sample 2
Asset Book. MAEM will maintain an asset management book for Project Company and Mirant Peaker, LLC (the “Non-MIRMA Asset Book”) to track and measure the financial performance of all xxxxxx and other transactions entered into with respect to the Generating Station, the generating station owned by Mirant Peaker, LLC, and, unless otherwise agreed by the Parties, transactions entered into related to the Makewhole Reimbursement Agreement dated September 1, 2001 between Mirant Americas, Inc. and MAEM. The Non-MIRMA Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for power resources managed by MAEM. Unless otherwise designated in writing by Project Company and Mirant Peaker, LLC, transactions in the Non-MIRMA Asset Book will be allocated solely to Mirant Americas, Inc. The Parties may agree to establish one or more separate asset management books to track and measure the financial performance of xxxxxx and other transactions for each of the Project Company and Mirant Peaker, LLC.
Sample 1
Asset Book. The Power Marketer shall maintain a separate book for the Facility ("Asset Book") identifying all open positions, hedging instruments and other commercial and financial instruments resulting from the Power Marketing Services, all in accordance with the Asset Management Policy Manual. The Power Marketer will settle all positions with the Company monthly, and, on or before the tenth (10th) day of each Month, (a) the Power Marketer shall render to the Company by wire transfer to the Project Account, payment of all net revenues received by the Power Marketer during the preceding Month, together with a statement setting forth the calculation of the net revenues for the immediately preceding Month or (b) the Power Marketer shall furnish to the Company a statement setting forth the calculation of the net losses for the immediately preceding Month, and the Company shall render to the Power Marketer by wire transfer payment of all net losses incurred on behalf of the Company; provided, however, that if the Management Committee has reasonable cause to believe that the Power Marketer has engaged in Self-Dealing Practices or exceeded the limits on its authority hereunder and such actions resulted in such net losses, the Management Committee may suspend payment pending resolution of its concerns. As will be more specifically set forth in the Asset Management Policy Manual, and as an exception to the prohibition in Section 7.1.2 on fees and the reimbursement of expenses incurred in trading activities, the Power Marketer may incur Operating Expenses on behalf of the Company that are directly related to the sale of Energy, Capacity and ancillary services from the Facility, such as broker's fees or commissions incurred in trading Energy, Capacity or ancillary services from the Facility.
Sample 1
Asset Book. MAEM will maintain an asset management book (the “Asset Book”) to track and measure the financial performance of all transactions with respect to the Generating Station including, but not limited to, (i) the sale of Products generated by, or available from, the Generating Station pursuant to any Offers, Third Party Contracts and/or Direct Contracts, (ii) Purchased Power, (iii) the purchase of Fuel and any related Fuel xxxxxx and trading activities, (iv) the purchase of Emissions Allowances and any related emissions xxxxxx and trading activities and (v) the purchase of transmission and/or transportation capacity. The Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for other Asset Companies.
Sample 1
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Asset Book. MAEM will maintain an asset management book for the Texas region (the “Asset Book”) to track and measure the financial performance of all transactions with respect to the Generating Station including, but not limited to, (i) the sale of Products generated by, or available from, the Generating Station pursuant to any Offers, Third Party Contracts and/or Direct Contracts, (ii) Purchased Power, (iii) the purchase of Fuel and any related Fuel xxxxxx and trading activities, (iv) the purchase of Emissions Allowances and any related emissions xxxxxx and trading activities and (v) the purchase of transmission and/or transportation capacity. The Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for other Asset Companies. Unless otherwise designated in writing by the Project Company, transactions in the Asset Book will be allocated proportionately based on the actual dispatch of the Generating Station, as provided by the Project Company to MAEM (with the exception of sales of capacity, which will be allocated proportionately based on the actual capacity of the generating units).
Sample 1
Asset Book. MAEM will maintain an asset management book for Project Company and Mirant Chalk Point, LLC (the “MIRMA Asset Book”) to track and measure the financial performance of all hxxxxx and other transactions entered into with respect to the Generating Stations and the generating station owned by Mirant Chalk Point, LLC. The MIRMA Asset Book shall be separate from any MAEM trading book or any other asset book maintained by MAEM for power resources managed by MAEM. . Unless otherwise designated in writing by Project Company and Mirant Chalk Point, LLC, all transactions in the MIRMA Asset Book will be allocated solely to Project Company.
Sample 1

Related to Asset Book

  • Borrowing Base Properties (a) Except where the failure to comply with any of the following would not have a Material Adverse Effect, each of Parent and Borrower shall, and shall use commercially reasonable efforts to cause each other Loan Party or the applicable tenant, to: (b) Pay all real estate and personal property taxes, assessments, water rates or sewer rents, ground rents, maintenance charges, impositions, and any other charges, including vault charges and license fees for the use of vaults, chutes and similar areas adjoining any Borrowing Base Property, now or hereafter levied or assessed or imposed against any Borrowing Base Property or any part thereof (except those which are being contested in good faith by appropriate proceedings diligently conducted). (c) Promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with any Borrowing Base Property (except those which are being contested in good faith by appropriate proceedings diligently conducted), and in any event never permit to be created or exist in respect of any Borrowing Base Property or any part thereof any other or additional Lien or security interest other than Liens permitted by Section 8.01. (d) Operate the Borrowing Base Properties in a good and workmanlike manner and in all material respects in accordance with all Laws in accordance with such Loan Party’s prudent business judgment. (e) Cause each other Loan Party to, to the extent owned and controlled by a Loan Party, preserve, protect, renew, extend and retain all material rights and privileges granted for or applicable to each Borrowing Base Property.

  • Availability of Books and Records Business Associate agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from Covered Entity, or created or received, maintained or transmitted on behalf of Covered Entity, available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining the Covered Entity and Business Associate's compliance with the HIPAA Standards. Business Associate promptly shall provide to Covered Entity a copy of any documentation that Business Associate provides to the Secretary.

  • Access to Collateral; Books and Records Allow Bank, or its agents, at reasonable times, on one (1) Business Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), to inspect the Collateral and audit and copy Borrower’s Books. Such inspections or audits shall be conducted no more often than once every twelve (12) months unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The foregoing inspections and audits shall be at Borrower’s expense, and the charge therefor shall be Eight Hundred Fifty Dollars ($850) per person per day (or such higher amount as shall represent Bank’s then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to reschedule the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank’s rights or remedies), Borrower shall pay Bank a fee of One Thousand Dollars ($1,000) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

  • Financial Statements; Books and Records (a) Sellers have delivered to FID or its counsel true, correct and complete copies of (i) the audited balance sheet and profit and loss account of the Company as of 31st March 2014 and (ii) the unaudited balance sheet and statement of profit and loss of the Company 31 December 2014 (the “Unaudited Balance Sheet”), (all of the foregoing financial statements accounts of the Company and each Company Subsidiary and any notes thereto are hereinafter collectively referred to as of 31 December 2019 (if the relevant company was in existence on 30 June 2013) (the “Financial Statements”) and (iii) the management accounts of the Companies and each Company Subsidiary as of 31 December 2014 (the “Management Accounts”). The Financial Statements comply with the United Kingdom’s Companies Xxx 0000 and have been prepared on a proper and consistent basis in accordance with UK GAAP, and give a true and fair view of the assets, liabilities and state of affairs of the Company and each Company Subsidiary as at the dates indicated therein and of the profits and losses of the Company and each Company Subsidiary for the periods therein specified. The Management Accounts have been prepared with reasonable diligence and are not materially misleading. (b) All accounts, books, records and ledgers of each member of the Target Group have been, and are being, fully, properly and accurately maintained in accordance with UK GAAP in all material respects, to the extent applicable, and any other applicable legal and accounting requirements and reflect only actual transactions, and there are no material inaccuracies or discrepancies of any kind contained or reflected therein. The minute books of each member of the Target Group contain true, correct and complete records of all minutes for all meetings and other corporate actions of the members, board of directors (including committees thereof), members and managers of each member of the Target Group, as applicable, to the extent they are legally required to do so. The statutory registers of each member of the Target Group reflect all issuances, transfers, repurchases and cancelations of equity interests of each member of the Target Group, as applicable. True, correct and complete copies of the minute books and statutory registers of each member of the Target Group have been provided to FID or its counsel by the relevant member of the Target Group.

  • Financing Statement and Books and Records (a) In connection with the conveyance of the Assets hereunder, the Transferor agrees that prior to the Closing Date, it will file, at its own expense, one or more financing statements with respect to the Assets meeting the requirements of applicable state law in such manner as necessary to perfect the sale of the Assets to the Transferor, and the proceeds thereof (and any continuation statements as are required by applicable state law), and to deliver a file-stamped copy of each such financing statement (or continuation statement) or other evidence of such filings (which may, for purposes of this Section, consist of telephone confirmation of such filings with the file stamped copy of each such filings to be provided to the Transferee in due course), as soon as is practicable after receipt by the Transferor thereof. (b) The Transferor further agrees that it will treat the transfer of the Assets as a sale for accounting purposes, take no actions inconsistent with the Transferee’s ownership of the Assets and on or prior to the Closing Date indicate on its books, records and statements that the Assets have been sold to the Transferee. (c) If the Transferor makes any change in its jurisdiction of organization (within the meaning of the applicable UCC), name or corporate structure that would make any financing statement or continuation statement filed in accordance with paragraph (a) above seriously misleading within the applicable provisions of the UCC or any title statute, the Transferor shall give the Transferee written notice thereof at least 30 days prior to such change and shall promptly file such financing statements or amendments as may be necessary to continue the perfection of the Transferor’s interest in the Assets.

  • Accounting, Books and Records The books and records of the Company shall be kept, and the financial position and the results of its operations recorded, in accordance with GAAP. The books and records shall reflect all Company transactions and shall be appropriate and adequate for the Company’s business. The Company shall maintain at its principal place of business: (i) a current list of the full name and last known address of each Member and Assignee set forth in alphabetical order, together with the Capital Contributions, Capital Account and Units of each Member and Assignee; (ii) the full name and address of each Director; (iii) a copy of the Articles and any and all amendments thereto, together with executed copies of any powers of attorney pursuant to which the Articles or any amendments thereto have been executed; (iv) copies of the Company’s federal, state and local income tax and information returns and reports, if any, for the six (6) most recent taxable years; (v) a copy of this Agreement and any and all amendments hereto, together with executed copies of any powers of attorney pursuant to which this Agreement or any amendments hereto have been executed; and (vi) copies of the financial statements of the Company, if any, for the six (6) most recent Fiscal Years. The Company shall use the accrual method of accounting in the preparation of its financial reports and for tax purposes and shall keep its books and records accordingly.

  • Financial Statements; Material Liabilities The Company has delivered to each Purchaser copies of the financial statements of the Company and its Subsidiaries listed on Schedule 5.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents.

  • Collateral Requirements All amounts deposited or invested with financial institutions in excess of any insurance limit shall be collateralized in accordance with the Public Funds Investment Act, 30 ILCS 235/. The Superintendent or designee shall keep the Board informed of collateral agreements.

  • Books and Records; Certain Funds Received After the Cut-Off Date From and after the sale of the Mortgage Loans to the Purchaser, record title to each Mortgage (other than with respect to any Outside Serviced Mortgage Loan) and each Note shall be transferred to the Trustee subject to and in accordance with this Agreement. Any funds due after the Cut-Off Date in connection with a Mortgage Loan received by the Seller shall be held in trust on behalf of the Trustee (for the benefit of the Certificateholders) as the owner of such Mortgage Loan and shall be transferred promptly to the Certificate Administrator. All scheduled payments of principal and interest due on or before the Cut-Off Date but collected after the Cut-Off Date, and all recoveries and payments of principal and interest collected on or before the Cut-Off Date (only in respect of principal and interest on the Mortgage Loans due on or before the Cut-Off Date and principal prepayments thereon), shall belong to, and shall be promptly remitted to, the Seller. The transfer of each Mortgage Loan shall be reflected on the Seller’s balance sheets and other financial statements as the sale of such Mortgage Loan by the Seller to the Purchaser. The Seller intends to treat the transfer of each Mortgage Loan to the Purchaser as a sale for tax purposes. Following the transfer of the Mortgage Loans by the Seller to the Purchaser, the Seller shall not take any actions inconsistent with the ownership of the Mortgage Loans by the Purchaser and its assignees. The transfer of each Mortgage Loan shall be reflected on the Purchaser’s balance sheets and other financial statements as the purchase of such Mortgage Loan by the Purchaser from the Seller. The Purchaser intends to treat the transfer of each Mortgage Loan from the Seller as a purchase for tax purposes. The Purchaser shall be responsible for maintaining, and shall maintain, a set of records for each Mortgage Loan which shall be clearly marked to reflect the transfer of ownership of each Mortgage Loan by the Seller to the Purchaser pursuant to this Agreement. It is expressly agreed and understood that, notwithstanding the assignment of the Loan Documents, it is expressly intended that the Seller will receive the benefit of any securitization indemnification provisions in the Loan Documents.

  • Foreign Subsidiaries Subject to the following sentence, in the event that, at any time, Foreign Subsidiaries have, in the aggregate, (i) total revenues constituting 5% or more of the total revenues of Borrower and its Subsidiaries on a consolidated basis, or (ii) total assets constituting 5% or more of the total assets of Borrower and its Subsidiaries on a consolidated basis, promptly (and, in any event, within 30 days after such time) the Borrower shall cause one or more of such Foreign Subsidiaries to become Subsidiary Guarantors and to have their Equity Interests pledged, each in the manner set forth in Section 8.12(a), such that, after such Subsidiaries become Subsidiary Guarantors, the non-guarantor Foreign Subsidiaries in the aggregate shall cease to have revenues or assets, as applicable, that meet the thresholds set forth in clauses (i) and (ii) above. Notwithstanding the foregoing, no Foreign Subsidiary shall be required to become a Subsidiary Guarantor, xxxxx x xxxx on any of its assets in favor of the Lenders, or shall have its Equity Interests pledged to secure the Obligations, to the extent that becoming a Subsidiary Guarantor, granting a lien on any of its assets in favor of the Lenders or providing such pledge would result in adverse tax consequences for Borrower and its Subsidiaries, taken as a whole; provided that, if a Foreign Subsidiary is precluded from becoming a Subsidiary Guarantor or having all of its Equity Interests pledged as a result of such adverse tax consequences, to the extent that such Foreign Subsidiary is a “first tier” Foreign Subsidiary, Borrower shall pledge (or cause to be pledged) 65% of the total number of the Equity Interests of such Foreign Subsidiary to the Lenders to secure the Obligations.

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