Conditions Precedent to Payment. It shall be a condition precedent to Contractor’s entitlement to receive any payment from Owner under this Agreement that Contractor has provided to Owner, and is maintaining the (i) Parent Guarantee in accordance with Section 21.17, (ii) Letter of Credit in accordance with Section 9.2, and (iii) insurance policies in accordance with Section 9.1. 7.11 [***].
Conditions Precedent to Payment. In addition to all other conditions precedent contained herein, it shall be a condition precedent to payment of any pay request that Design/Builder, if requested by Owner, have submitted updated schedules for the performance of its Work and Design Services as required by this Agreement and that Design/Builder shall have furnished to Owner properly executed waivers of rights to claim against the Owner, in a form acceptable to Owner, from all Subcontractors, materialmen, Suppliers or others lien or other claim rights, wherein they shall acknowledge receipt of all sums due pursuant to all prior pay requests and waive and relinquish any claim rights relating thereto. The submission by the Design/Builder of a payment request also constitutes an affirmative representation and warranty that all work for which the Owner has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever.
Conditions Precedent to Payment. OYA’s obligation to pay funds to County under this Agreement is subject to satisfaction, with respect to each payment, of each of the following conditions precedent:
(i) OYA has received sufficient funding, appropriations and other expenditure authorizations to allow OYA, in the exercise of its reasonable administrative discretion, to make the payment.
(ii) No default as described in Section 7 of this Exhibit has occurred.
(iii) County’s representations and warranties set forth in Section 2 of this Exhibit are true and correct on the date of payment with the same effect as though made on the date of payment.
(iv) OYA has received a timely written quarterly expenditure report/payment request from County on a form designated by OYA. County shall provide copies of expense documentation (such as receipts) with the quarterly expenditure report/payment request, upon the request of OYA.
(v) OYA has received from County and approved the County’s Service Plan for the 2021-2023 biennium and OYA has received from County any Service Plan amendments, as applicable, as described in Exhibit C, Section 6 on or prior to the date of the payment request.
(vi) The expenditure report/payment request is received no later than 60 days after the termination or expiration of this Agreement.
Conditions Precedent to Payment. In addition to all other conditions precedent contained herein, it shall be a condition precedent to payment of any pay request that Design/Builder have submitted updated schedules for the performance of its Work and Design Services as required by this Agreement and that Design/Builder shall have furnished to Owner properly executed waivers of lien, in a form acceptable to Owner, from all Subcontractors, material, men, suppliers or others having lien rights, wherein they shall acknowledge receipt of all sums due pursuant to all prior pay requests and waive and relinquish any liens or lien rights relating thereto.
Conditions Precedent to Payment. (a) As conditions precedent to Ex-Im Bank's obligation to make a payment to Lender under the Guarantee with respect to a particular Loan Facility, Lender shall submit a written demand (“Claim”) to Ex-Im Bank for payment under the Guarantee, together with the Claim Documents, on a Business Day not sooner than thirty (30) calendar days nor later than one hundred and twenty (120) calendar days following Borrower’s failure to pay when due any outstanding amount of principal or accrued interest payable on the Loan Facility (which is ninety (90) calendar days following a Payment Default). The Payment Default must be continuing through the Claim Date.
(b) The Claim shall only be deemed complete upon receipt by Ex-Im Bank of all of the documents enumerated in this subsection (b) (the “Claim Documents”):
(i) a written statement setting forth (A) the total principal balance of the Disbursements and other Credit Accommodations outstanding, (B) the current Guaranteed Interest Rate, (C) the amount of past due interest on the Loan Facility, (D) the date through which interest has been paid with respect to the Loan Facility, (E) the first date interest was due and not paid with respect to the Loan Facility, (F) the amount and calculation of the Collateral Protection Costs and the Enforcement Costs of Lender as of the Claim Date, and (G) the circumstances that gave rise to Borrower’s failure to make such payment including without limitation any Events of Default that have occurred and the dates of any such Events of Default;
(ii) a copy of the written demand made by Lender on the applicable Borrower and any Guarantors for payment of all amounts due and payable with respect to such Loan Facility or a copy of the bankruptcy notice or court order in the event that the making of such demand would be prohibited by (A) a court order or (B) an automatic stay imposed pursuant to 11 U.S.C. § 362(a) or a similar provision of a foreign bankruptcy law (Lender shall have no obligation to apply for relief from such stay);
(iii) duplicate originals or photocopies of fully duly executed copies of the Loan Authorization Agreement, Borrower Agreement, Loan Agreement and any other Loan Documents with respect to such Loan Facility;
(iv) copies of all UCC financing statements and other documents covering the Collateral for such Loan Facility filed by or on behalf of Lender and evidence that Lender has conducted or obtained, no earlier than 60 days prior to the Claim Date, lien searches of the...
Conditions Precedent to Payment. The Purchaser’s obligation to pay the Transfer Consideration shall be subject to the satisfaction of the following conditions to the satisfaction of the Purchaser (any or all of which may be waived in writing by the Purchaser at its own discretion):
Conditions Precedent to Payment. Any costs incurred by Case IH in discharging all or any part of Dealer’s obligations under this Agreement, including but not limited to Dealer’s obligations to cease all use of the Licensed Trademarks or to pack, load and ship Parts to Case IH, shall be deducted from any amount owed by Case IH to Dealer. Dealer shall not be entitled to payment or credit for returned items until Dealer has complied with all applicable laws, rules, regulations and other legal requirements governing the bulk transfer of inventory or similar protection of creditors. Case IH shall have the right to withhold from the price of any items repurchased pursuant to this section a sum sufficient to discharge any liens or encumbrances against such items and to discharge such liens or encumbrances. Dealer shall execute such documents and take any additional action requested by Case IH to transfer ownership of returned items, free and clear of any claims, liens or encumbrances.
Conditions Precedent to Payment. It is specifically understood and agreed that Owner shall not process, nor pay, applications for progress payments from Contractor nor pay any other amount to Contractor unless and until each of the following conditions precedent to payment are met: (i) such applications include the Owner Job Number clearly thereon, (ii) Contractor shall provide, in a form satisfactory to Owner, partial lien waivers, release of claims and/or affidavits, as may be required by Owner, from Contractor and its subcontractors and suppliers for all prior payments and the payment then applied for. Owner’s payment despite one or more of the foregoing conditions precedent not being satisfied shall not constitute a waiver of Owner’s right to insist of any other condition precedent or all conditions precedent at some later time.
Conditions Precedent to Payment. (a) Notwithstanding any other clause of this Funding Agreement, the Participant is not entitled to receive, and the Commonwealth is no obliged to pay to the Participant, an amount under this clause 3 if:
(i) the Commonwealth has insufficient Program Funding available at the time a payment is due to the Participant;
(ii) the Participant has not submitted all Reports due for submission at the time a payment is otherwise due to the Participant;
(iii) the Participant has not complied with any other of its obligations under this Funding Agreement;
(iv) the Commonwealth has become entitled to terminate this Funding Agreement under clause 13.3.
(b) The Commonwealth may withhold any payment:
(i) where it has reasonable grounds to suspect that the Participant may not be entitled to payment, for such time as the Commonwealth reasonably requires to make such further inquiries as are needed to determine the Participant’s entitlement to payment;
(ii) where the Commonwealth has decided to undertake an Ad Hoc Review under clause 8.3(a), until such time as the Ad Hoc Review is completed; and
(iii) where an event referred to in clause 6.1(b) occurs, until the Commonwealth and the Participant have agreed to vary this Funding Agreement or the Funding Agreement is terminated under clause 6.1(d)(iii).
Conditions Precedent to Payment. In addition to all other conditions precedent contained herein, it shall be a condition precedent to payment of any pay request that Design/Builder have submitted updated schedules for the performance of its Construction Work and Design Services as required by this Agreement.
