Commencement of Action. Any action or proceeding in respect of any matter arising under or in connection with Credits, the Applications or this Agreement may be brought by Applicant against the Bank within the time period specified in Section 5-115 of the Uniform Commercial Code.
Commencement of Action. Any action or suit relating to the Product or arising from this Warranty must be commenced within one (1) year after the cause of action accrues or it will be waived.
Commencement of Action. In the event that at any time prior to the Closing, any notice of or proceeding shall be commenced or consummated for the taking of all or any part of the Property for public or quasi-public use pursuant to the power of eminent domain or otherwise, Seller shall promptly give written notice thereof to Purchaser.
Commencement of Action. It is a condition of this Bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of : (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee.
Commencement of Action. A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States dis- trict court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
Commencement of Action. Any claim, demand, right or, xxxxxxx xx Xxxant that arises out of this Lease or the negotiations that preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event, or action that gave rise to such claim, demand, right or defense.
Commencement of Action. (a) Licensor represents and warrants that to the best of Licensor's knowledge no Person is Infringing any of the Intellectual Property as of the date of this Agreement.
(b) Not more than one hundred and twenty (120) calendar days after it becomes aware of any Infringement of the Intellectual Property in the Field of Use, whether by notice from Licensee or otherwise, Licensor shall commence and diligently prosecute an action for infringement and/or misappropriation against the alleged Infringer; provided, however, that Licensor may, in its sole discretion, extend said one hundred and twenty (120) day period for up
Commencement of Action. All actions, claims or proceedings, legal or equitable, against COMPANY must commence in court within one (1) year after either the cause of action has accrued or the act, omission, or the event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim, action, or proceeding is barred, time being of the essence of this paragraph.
Commencement of Action. Any action or proceeding in respect of any matter arising under or in connection with Credits or the Applications may be brought by Applicant against the Bank within the time period specified in Section 5-115 of the Uniform Commercial Code. THE UNDERSIGNED HEREBY AGREES TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS APPLICATION AND IN THE CREDIT AGREEMENT, ALL OF WHICH HAVE BEEN READ AND UNDERSTOOD BY THE UNDERSIGNED. (Applicant/Obligor) (Authorized Signature/Title) (Phone) (Fax) (Date) Dated 2 Deutsche Bank Trust Company Americas as Revolving Issuing Lender under the Credit Agreement dated January 3, 2006 among Mirant North America, LLC (the “Borrower”), the Several Lenders from Time to Time Parties Thereto, Deutsche Bank Securities Inc. and Xxxxxxx Xxxxx Credit Partners L.P. (the “Co-Syndication Agents”) and JPMorgan Chase Bank, N.A. (the “Administrative Agent”) (the “Credit Agreement”) [complete address ] Attention: Fronting Bank: 3 Dear Ladies and Gentlemen: We hereby request that the Fronting Bank, in its individual capacity, issue a standby Letter of Credit for the account of the undersigned on 4 (the “Date of Issuance”), which Letter of Credit shall be denominated in United States Dollars and shall be in the aggregate amount of 5 . The Letter of Credit should be substantially in the form of the attached specimen, with such changes as the Fronting Bank deems necessary or advisable, and 2 Date of Letter of Credit Request. On or after the initial Borrowing Date and prior to the 30th day prior to the Revolving Termination Date. 3 If standby Letter of Credit is to be issued by Deutsche Bank Trust Company Americas insert: Deutsche Bank Trust Company Americas, Global Loan Operations, Standby Letter of Credit Unit, 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, MS NYC 60-3812. For standby Letters of Credit to be issued by other Fronting Bank insert name and address of applicable Fronting Bank. 4 Date of Issuance, which shall be at least three (3) Business Days from the date hereof (or such shorter period as is reasonably acceptable to the Fronting Bank). 5 Aggregate initial amount of the Letter of Credit. such specimen should be approved and signed by us. We request that the Letter of Credit be transmitted by: ¨ Teletransmission ¨ Courier ¨ Air Mail (Domestic addresses only) For the purposes of this Letter of Credit Request, unless otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement shall have the respective meaning...
Commencement of Action. Any action of any kind by either party arising out of this Agreement must be commenced within two (2) years from the date the right, claim, demand, or cause of action shall first arise. This obligation shall survive the expiration or termination of this Agreement.
