Available Assets. The Company will cause the Plan Trust to have sufficient Cash or other assets (whether by means of a Cash contribution or otherwise) to enable the Plan Trustee to pay all amounts that it is directed to pay to Prudential by the Independent Fiduciary pursuant to this Commitment Agreement.
Available Assets. Such Buyer has sufficient available assets (whether cash, cash equivalents or similar assets) to pay the Purchase Price hereunder and, to timely exercise, in full, all of the Warrants to the extent required by the terms thereof.
Available Assets. The total amount of securities which may loaned pursuant to the securities lending program by an individual Fund may not exceed one-third (33 1/3%) of the total asset value, including collateral received in connection with such loans (at market value computed at the time of the loan), of the individual Fund.
Available Assets. Notwithstanding any other provision of this Agreement, distributions shall be made only to the extent of Available Assets and in compliance with the Partnership Law.
Available Assets. The information contained in the Monthly Report delivered pursuant to Section 5.2(b) is an accurate and complete listing in all material respects of all Qualified Available Assets, and the information contained therein with respect to the identity of such Qualified Available Assets and the amounts owing thereunder is true and correct in all material respects. Each of the Credit Parties, the Collateral Real Property Non-Credit Parties and the Collateral Securitization Note Non-Credit Parties owns and has good and marketable title to the Qualified Available Assets attributable to it and each such Qualified Available Asset and the Related Property is free and clear of any Lien of any Person (other than Permitted Liens). All of the Available Assets are owned directly by a Credit Party (or directly by (x) a Collateral Real Property Non-Credit Party in the case of Real Property Owned or (y) a Collateral Securitization Note Non-Credit Party in the case of CapitalSource Securitization Notes). At all times on and after January 15, 2009, the Agent’s Liens in such Available Assets (or in the case of (x) Real Property Owned, the Capital Stock of, as applicable, a Collateral Real Property Non-Credit Party, Tier 1 Real Property Owned Subsidiary or Tier 2 Real Property Owned Subsidiary or (y) CapitalSource Securitization Notes, the Capital Stock of a Collateral Securitization Note Non-Credit Party) are validly created, perfected and first priority Liens, subject only to Permitted Liens which by operation of law or contract have priority over the Liens securing the Credit Party Obligations.
Available Assets. (a)(i) The information contained in the Quarterly Report most recently delivered pursuant to Section 5.1(c)is as of the date of such Quarterly Report an accurate and complete listing in all material respects of all Available Assets as of the date provided therein, and the information contained therein with respect to the identity of such Available Assets and the amounts owing thereunder is as of the date provided therein true and correct in all material respects, (ii) each Available Debt Asset and Available Structured Product Asset of the Company is an Eligible Debt Investment or Eligible Structured Product Investment, as applicable, owned directly by the Company, (iii) each Available Equity Asset of the Company is an Eligible Equity Investment, (iv) each Available Debt Securitization Asset is an Eligible On-Balance Sheet Securitization, and (v) the Company or other Indenture Party owns and has marketable title to the Available Assets, and each such Available Asset and the Related Property is free and clear of any Lien of any Person (other than Inchoate Liens or, in the case of Related Property, Permitted Liens) and in compliance with all Applicable Laws;
Available Assets. Each Designated Seller hereby covenants and agrees that from and after the Closing, such Designated Seller shall maintain available, unencumbered cash and marketable securities as are reasonably required to pay any indemnity obligations hereunder when due.
Available Assets the Trustee shall exercise reasonable diligence to ascertain whether or not the assets of the Council that are or may be available, whether by way of security or otherwise, are sufficient or likely to be sufficient to discharge the amounts of the Stock as they become due, provided that except where otherwise required by law, the Trustee will be entitled to assume without special inquiry, that no such breach is occurring or has occurred, and that the assets of the Council are sufficient to discharge the amounts of Stock as they become due under and until the Trustee receives actual advice to the contrary, whether in the form of the information and reports provided to the Trustee pursuant to clause 10.2 or otherwise.
Available Assets. The Plan’s assets currently held by the Plan Custodian are sufficient to enable the Plan Custodian to pay all amounts that it is directed to pay to Insurer by Independent Fiduciary pursuant to this Commitment Agreement.
Available Assets. “Available Assets” shall mean with respect to a Bond Indemnitor the Cash and Cash Equivalents held in its Investment Account, its Sub Interests, its Allocated Partnership Interests and its Percentage Interest of the Net Working Capital Amount.
