Available Supply Sample Clauses

Available Supply. Days prior to the beginning of each Month and *** Days prior to any change thereof during the Month, Shipper’s Operator shall submit via LMM’s Nomination System the number of Dth of Gas that Shipper’s Operator will make available at each Receipt Point for the account of Shipper (“Available Supply”). For each Day, Shipper shall submit via LMM’s Nomination System a numerical ranking of Shipper’s Available Supplies to indicate the priority in which Shipper desires its Available Supplies to be scheduled for delivery by LMM (the lower the number the higher the priority). Failure by Shipper to timely submit such ranking shall result in the receipt of deliveries from the Available Supplies on a pro rata basis. LMM may adjust an Available Supply when historical production or current data from LMM’s Telemetering Facilities suggests that the Available Supply is inaccurate (“Adjusted Available Supply”).
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Available Supply. The City represents that (i) it owns, operates and maintains the electrical facilities, supply and distribution systems (the “City Electrical System”), (ii) currently holds all permanent easements (if any) or permanent rights of access in public rights of way or private easements as are necessary to enable the Developer to extend the City Electrical System to the boundary of the Subject Realty from its substation at [to follow], and
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Available Supply. The City represents and warrants that it owns, operates and maintains its own electrical facilities, supply, transmission and distribution systems (collectively hereinafter referred to as “electric system”) which are extendable to the Property through existing easements or rights-of-way, or which the City agrees to make extendable through easements or rights-of-way and, upon extension to the Property at Owner‟s expense and upon Owner‟s completion of the “Primary Electrical Improvements” (as set forth in subparagraph D below), will have sufficient capacity, up to a maximum of 6MW, to accommodate the development of Zoning Parcels A, B, C and D in accordance with the uses designated by said Zoning Parcels on Exhibit C, in accordance with the provisions of this Agreement. Owner and City further agree that until the “Additional Electrical Facility Improvements” (as set forth in subparagraph E below) are constructed, or such earlier date as may be determined by the Public Works Director, Owner shall be limited to a total of 6MW for Zoning Parcels A, B, C and D. For the purposes of this Agreement and future development of the Property, it is agreed by the City and Owner that an appropriate electric supply shall be required and which is sufficient for each Zoning Parcel Development Phase.
Sample 1
Available Supply. Two (2) Days prior to the beginning of each Month, Xxxxxxx’s Operator shall submit via Xxxxxxxx’ Nomination System the number of MMBtus of Gas that Shipper’s Operator will make available at each Receipt Point for the account of Shipper (“Available Supply(ies)”). For each Day, Shipper shall submit via Xxxxxxxx’ Nomination System a numerical ranking of Shipper’s Available Supplies to indicate the priority in which Shipper desires its Available Supplies to be scheduled for delivery by Xxxxxxxx (the lower the number the higher the priority). Failure by Xxxxxxx to timely submit such ranking shall result in the receipt of deliveries from the Available Supplies on a pro rata basis. Xxxxxxxx may adjust Available Supply when historical production or current data from Xxxxxxxx’ Telemetering Facilities evidences that the Available Supply is inaccurate (“Adjusted Available Supply”).
Sample 1
Available Supply. The City represents and warrants that it owns, operates and maintains its own electrical facilities, supply and distribution systems which are extendable to the Property through existing easements or rights-of-way, or which the City agrees to make extendable through easements or rights-of-way and, upon extension to the Property, will have sufficient capacity, up to a maximum of 6MW, to accommodate the development of Zoning Parcels A, B, C and D in accordance with the uses designated by said Zoning Parcels on Exhibit C, in accordance with the provisions of this Agreement. Owner and City agree that unless Owner and City reach an agreement with respect to the provision of additional Electrical Facility Improvements which would provide for additional capacity beyond 6MW, Owner shall be limited to a total of 6MW for Zoning Parcels A, B, C and D. For the purposes of this Agreement and future development of the Property, it is agreed by the City and Owner that an appropriate electric supply shall be required and sufficient for each Zoning Parcel Development Phase.
Sample 1
Available Supply. The City represents that (i) it owns, operates and maintains the electrical facilities, supply and distribution systems (the “City Electrical System”), (ii) currently holds all permanent easements (if any) or permanent rights of access in public rights of way as are necessary to extend the City Electrical System to the boundary of the Subject Realty from its substation at 0000 Xxxxxxx Xxxx in a northerly direction, and (iii) it has, and will reserve for service to the Substantially Conforming Development not less than ten thousand (10,000) amps of power so long as construction of same is commenced within six (6) months following the City’s approval of the Final PUD Plans, and the procurement of all required permits
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Available Supply. The City represents and warrants that it owns, operates and maintains an electrical facility, supply and distribution system which supply and distribution system may be extended to the Property through existing easements or rights-of-way and upon extension to the Property, will have sufficient capacity to accommodate approximately an eighty (80) unit senior housing development on the Property in accordance with this Agreement.
Sample 1
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Available Supply. As of the Amendment Date and until the Supply Availability Date, all clinical material of Local/Regional ONYX-015 shall be dedicated to Onyx’s use, except for the completion of the treatment protocol of those patients accrued by Warner in clinical trials prior to the Amendment Date. In this regard, the Parties recognize that Onyx entered into a supply agreement with Xoma (US) LLC (“Xoma”) on January 29, 2001 for the purpose of securing an increased supply of clinical material of Local/Regional ONYX-015. Onyx shall notify Warner when either: Xoma has successfully manufactured three (3) batches of Local/Regional ONYX-015 at commercial scale and has locked-down the manufacturing process for the product; or when Xoma’s development scale runs indicate supply availability; or when other Third Party manufacturers have provided similar assurances of supply (“Supply Availability Date”). At such time, Warner may request an audit of any Third Party manufacturing facility supplying such Local/Regional ONYX-015 clinical supply pursuant to Section 5.6.
Sample 1

Related to Available Supply

  • Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

  • Purchaser Deliveries At the Closing, Purchaser shall deliver to Seller: (a) The Assignment and Assumption Agreement; (b) Purchaser’s acceptance of its appointment as successor trustee or custodian, as applicable, of the XXX and Xxxxx Accounts included in the Deposits and assumption of the fiduciary obligations of the trustee or custodian with respect thereto, as contemplated by Section 2.4; (c) The Branch Lease Assignments and such other instruments and documents as any landlord under a Branch Lease may reasonably require as necessary or desirable for providing for the assumption by Purchaser of a Branch Lease, each such instrument and document in form and substance reasonably satisfactory to the parties and dated as of the Closing Date; (d) The Tenant Assignments and such other instruments and documents as any subtenant under a Tenant Lease may reasonably require as necessary or desirable for providing for the assumption by Purchaser of a Tenant Lease, each such instrument and document in form and substance reasonably satisfactory to the parties and dated as of the Closing Date; (e) The Equipment Lease Assignments and such other instruments and documents as any lessor under an Equipment Lease may reasonably require as necessary or desirable for providing for the assumption by Purchaser of an Equipment Lease, each such instrument and document in form and substance reasonably satisfactory to the parties and dated as of the Closing Date; (f) The Assumed Contract Assignments and such other instruments and documents as any party under an Assumed Contract may reasonably require as necessary or desirable for providing for the assumption by Purchaser of an Assumed Contract, each such instrument and document in form and substance reasonably satisfactory to the parties and dated as of the Closing Date; (g) The Loan Documents Assignment and such other instruments and documents as Seller may reasonably require as necessary or desirable for providing for the assumption by Purchaser of the Loan Documents, each such instrument and document in form and substance reasonably satisfactory to the parties and dated as of the Closing Date; and (h) The certificate required to be delivered by Purchaser pursuant to Section 9.2(e).

  • Seller’s Deliveries At Closing, Seller shall execute and/or deliver to Purchaser the following items (referred to collectively herein as the “Seller’s Closing Items”): (a) a limited warranty deed conveying to Purchaser good and insurable fee simple title to the Property, free and clear of all liens, encumbrances, restrictions, and easements, except for the Permitted Title Exceptions (the “Deed”); (b) a quitclaim deed conveying the Property to Purchaser as described on the Survey, if required by Section 7.5 above; (c) the Project Agreements; (d) an owner’s affidavit in the form required by Title Company and such other documentation as may be required by Title Company to issue a standard 2006 ALTA Owner’s Policy with respect to the Property (hereinafter referred to as the “Title Policy”) free and clear of all liens, encumbrances, restrictions, and easements whatsoever except for the Permitted Title Exceptions and the “standard printed” survey exception; (e) such documents, certificates and affidavits reasonably requested by Purchaser Or Title Company to evidence Seller’s authority to enter into this Agreement, perform its obligations hereunder and consummate the sale and purchase transaction contemplated hereby; (f) a certificate and affidavit signed on behalf of Seller certifying that Seller is not a “foreign corporation”, “foreign partnership”, “foreign trust”, “foreign estate” or “foreign person” as defined in Section 1445 of the Internal Revenue Code of 1954, as amended; (g) a certificate in favor of Purchaser, its successors, assigns and lenders, certifying that all of the representations and warranties in Article 4 above are true and correct in all material respects as of the date of Closing; (h) a closing statement, itemizing and approving all receipts and disbursements made in connection with Closing; (i) a general assignment conveying to Purchaser, without representation or warranty and to the extent assignable, Seller’s rights with respect to any and all tangible and intangible rights, privileges and appurtenances pertaining to the Property, except for the Permitted Title Exceptions; and (j) any and all other documents or items reasonably necessary or appropriate to complete the Closing, including, but not limited to, any transfer tax forms, affidavits, or broker lien waivers required by applicable law, rule, regulation or otherwise required by the Title Company for the removal of any and all “standard exceptions” on Purchaser’s Title Policy. All of the Seller’s Closing Items shall be in a commercially reasonable form customarily utilized in the jurisdiction where the Property is located in transactions similar to the one contemplated hereby.

  • of the Interim Servicing Agreement All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

  • Payments to the Liquidity Provider Under the Intercreditor Agreement In order to provide for payment or repayment to the Liquidity Provider of any amounts hereunder, the Intercreditor Agreement provides that amounts available and referred to in Articles II and III of the Intercreditor Agreement, to the extent payable to the Liquidity Provider pursuant to the terms of the Intercreditor Agreement (including, without limitation, Section 3.6(f) of the Intercreditor Agreement), shall be paid to the Liquidity Provider in accordance with the terms thereof. Amounts so paid to the Liquidity Provider shall be applied by the Liquidity Provider to Liquidity Obligations then due and payable in accordance with the Intercreditor Agreement or, if not provided for in the Intercreditor Agreement, then in such manner as the Liquidity Provider shall deem appropriate.

  • Purchaser Deliverables The Purchaser shall have delivered its Purchaser Deliverables in accordance with Section 2.2(b).

  • Purchaser’s Deliveries Subject to the fulfillment or waiver of the conditions set forth in Sections 6.2, Purchaser shall execute and/or deliver to Seller all of the following: (i) Payment of the Purchase Price as required under Section 3.3(a) hereof. (ii) An assumption agreement, duly executed by Purchaser, under which Purchaser assumes those Assumed Liabilities described in Section 2.2 hereof. (iii) An incumbency and specimen signature certificate with respect to the officers of Purchaser executing this Agreement and Purchaser's Ancillary Documents on behalf of Purchaser. (iv) A certified copy of resolutions of Purchaser's Board of Directors, authorizing the execution, delivery and performance of this Agreement and Purchaser's Ancillary Documents (v) A closing certificate executed by an executive officer of Purchaser (or any other officer of Purchaser specifically authorized to do so), on behalf of Purchaser, pursuant to which Purchaser represents and warrants to Seller that Purchaser's representations and warranties to Seller are true and correct as of the Closing Date as if then originally made (or, if any such representation or warranty is untrue in any respect, specifying the respect in which the same is untrue), that all covenants required by the terms hereof to be performed by Purchaser on or before the Closing Date, to the extent not waived by Purchaser in writing, have been so performed (or, if any such covenant has not been performed, indicating that such covenant has not been performed), and that all documents to be executed and delivered by Purchaser at the Closing have been executed by duly authorized officers of Purchaser. (vi) Such other documents from Purchaser as may reasonably be required in order to effectuate the transactions contemplated (i) hereby and (ii) by the Purchaser's Ancillary Documents.

  • Reasonable Servicing Fee The Company acknowledges and agrees that the Servicing Fee represents reasonable compensation for performing such services and that the entire Servicing Fee shall be treated by the Company, for accounting and tax purposes, as compensation for the servicing and administration of the Mortgage Loans pursuant to this Agreement;

  • Closing; Payment for the Mortgage Loans The closing of the purchase and sale of the Mortgage Loans shall be held at the New York City office of XxXxx Xxxxxx LLP at 10:00 a.m. New York City time on the Closing Date. The closing shall be subject to each of the following conditions: (a) All of the representations and warranties of the Seller under this Agreement shall be true and correct in all material respects as of the date as of which they are made and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement; (b) The Purchaser shall have received, or the attorneys of the Purchaser shall have received in escrow (to be released from escrow at the time of closing), all Closing Documents as specified in Section 9 of this Agreement, in such forms as are agreed upon and acceptable to the Purchaser, duly executed by all signatories other than the Purchaser as required pursuant to the respective terms thereof; (c) The Seller shall have delivered or caused to be delivered and released to the Purchaser or to its designee, all documents (including without limitation, the Mortgage Loans) required to be so delivered by the Purchaser pursuant to Section 2.1 of the Pooling and Servicing Agreement; and (d) All other terms and conditions of this Agreement and the Pooling and Servicing Agreement shall have been complied with. Subject to the foregoing conditions, the Purchaser shall deliver or cause to be delivered to the Seller on the Closing Date, against delivery and release by the Seller to the Trustee of all documents required pursuant to the Pooling and Servicing Agreement, the consideration for the Mortgage Loans as specified in Section 3 of this Agreement.

  • Seller Deliveries At the Closing, subject to the terms and conditions of this Agreement, Seller shall deliver, or cause to be delivered, to the Acquiror Parties: (a) a counterpart of an assignment substantially in the form attached hereto as Exhibit B (the “Assignment of Interests”), evidencing the conveyance, assignment, transfer and delivery to ETP LLC of the Subject Interests, duly executed by Seller; (b) a counterpart of a registration rights agreement, substantially in the form attached hereto as Exhibit C (the “Registration Rights Agreement”), duly executed by Seller; (c) a certificate duly executed by the Secretary or an Assistant Secretary of Seller, dated as of the Closing Date, in customary form, attesting to the resolutions of the board of managers of Seller authorizing the execution and delivery of the Transaction Documents to which Seller is a party and the consummation of the transactions contemplated hereby and thereby, and certifying that such resolutions were duly adopted and have not been rescinded or amended as of the Closing Date; (d) a certificate duly executed by an executive officer of Seller, dated as of the Closing Date, in customary form, to the effect that each of the conditions specified in Section 7.2(a) and (b), have been satisfied in all respects; (e) a certificate dated as of a recent date of the Secretary of State of the State of Delaware with respect to the valid existence and good standing in the State of Delaware of Seller; (f) a certificate, duly executed and acknowledged by Seller dated as of the Closing Date, in accordance with Treasury Regulation Section 1.1445-2(b)(2), certifying that Seller is not a “foreign person” within the meaning of Section 1445 of the Code; and (g) duly executed letters of resignation or evidence of removal, effective as of the Closing, of the Resigning Directors and Officers as are required to be delivered pursuant to Section 6.6.

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