Confirmation and Agreement. 4.1 I will not share my Login name or password or allow others to use my account. 4.2 I understand that I am responsible for all activities recorded against my account. 4.3 I have read and understood this user agreement, and the terms & conditions, under which access to WYPF secure administration is granted. 4.4 I understand that WYPF may revoke my access to WYPF secure administration if I fail to comply with this Acceptable Use Policy. 4.5 I understand that upon leaving employment I must inform XXXX that I am leaving so that they can deactivate my account. 4.6
Confirmation and Agreement. The Collateral Agent acknowledges, confirms and agrees that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Agreement:
(i) each Collateral Account is a “securities account” (within the meaning of Section 8-501 of the UCC) in respect of which the Collateral Agent is a securities intermediary and to the extent of any cash credited to such Collateral Account is a “deposit account” (within the meaning of Section 9-102 of the UCC);
(ii) the Collateral Agent is the “entitlement holder” (within the meaning of 8-102(a)(7) of the UCC) of all “security entitlements” (within the meaning of 8-102(a)(17) of the UCC) carried in or credited to the Collateral Accounts;
(iii) all property delivered to the Collateral Agent pursuant to this Agreement will be promptly credited to a Collateral Account;
(iv) all “financial assets” (within the meaning of Section 8-102(a)(9) of the UCC) in registered form or payable to or to the order of and credited to any Collateral Account shall be registered in the name of, payable to or to the order of, or specially endorsed to, the Collateral Agent or in blank, or credited to another securities account maintained in the name of the Collateral Agent;
(v) the Collateral Agent shall promptly comply with all written instructions (including instructions directing the disposition of funds or financial assets) and/or “entitlement orders” (within the meaning of Section 8-102(a)(8) of the UCC) originated by the Administrative Agent with respect to any Collateral Account; and
(vi) the Collateral Agent shall not change the name or account number of any Collateral Account without the prior written consent of the other Agents and the Borrower.
Confirmation and Agreement. Borrower, each Guarantor and Depositary Agent, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depositary Agreement:
Confirmation and Agreement. By executing and delivering this Agreement, (a) Assignor and Assignee confirm to and agree with each other and the other parties to the Loan Agreement as follows: (i) Assignor makes no representation or warranty (except as provided in Section 7.1 of this Agreement) and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Loan Agreement or any other Loan Document or the execution, legality, validity, enforceability, genuineness, sufficiency, collectibility or value of this Agreement, the Loan Agreement, the Assignor Note or any other Loan Document; and (ii) Assignor makes no representations or warranties and assumes no responsibility with respect to the financial condition of Borrowers or of Guarantor or the performance or observance by Borrowers or Guarantor of any of their respective obligations under the Loan Agreement, any other Loan Document or any other instrument or document furnished pursuant thereto; (b) Assignee confirms that it has received a copy of the Loan Agreement and other Loan Documents, together with such other documents and information as Assignee has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (c) Assignee confirms that it has made, independently and without reliance upon the Agent, Assignor or any other Lender or, except as provided in Section 7.1 of this Agreement, any representations or warranties made by the foregoing and based on such documents and information as Assignee shall deem appropriate at the time, and Assignee shall continue to make, its own credit decisions in entering into this Agreement and taking or not taking any action hereunder or under the Loan Agreement or any other Loan Document; and (d) Assignee appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Agreement as are delegated to Agent by the terms thereof, together with such powers as are reasonably incidental thereto.
Confirmation and Agreement. The Depositary Bank acknowledges, confirms and agrees that (i) the Depositary Bank has established the Project Accounts as set forth in Section 3.01, (ii) each Project Account is a securities account, (iii) the Company is the entitlement holder of the Project Accounts other than the Pre-Funding Account, which shall be held in the name of the Collateral Agent, (iv) all cash and other property delivered to the Depositary Bank pursuant to this Agreement or the other Security Documents will be promptly credited to a Project Account, (v) all securities in registered form or payable to, or to order of a person, and credited to any Project Account shall be registered in the name of, payable to or to the order of, or specially indorsed to, the Depositary Bank or in blank, or credited to another securities account maintained in the name of the Depositary Bank, and in no case will any securities credited to any Project Account be registered in the name of, payable to or to the order of, or specially indorsed to, the Company except to the extent the foregoing have been specially indorsed by the Company to the Depositary Bank or in blank, (vi) the Depositary Bank shall promptly comply with all instructions of the Collateral Agent and, to the limited extent set forth in Section 2.03, the Company in connection with the transfer or withdrawal of amounts in the Project Accounts and (vii) the Depositary Bank shall not change the name or account number of any Project Account without the prior written consent of the Collateral Agent and at least 5 Business Days prior notice to the Company.
Confirmation and Agreement. Consistent with Section 2(c) of the Ownership Agreement, the Parties hereby confirm and agree as follows:
(a) subject to the provisions of the Ownership Agreement, each Party holds a fifteen percent (15%) Project Share in the Project;
(b) subject to the provisions of this Agreement and the Ownership Agreement, each Party shall be (i) entitled to schedule and take an amount of generation from the Project up to but not to exceed such Parties' respective Project Shares of Net Generating Capability and (ii) obligated to take or otherwise dispose of a percentage of the minimum energy production from the Project in accordance with such Party's Project Share in the Project and Section 13(d) of the Ownership Agreement irrespective of whether a particular cost is specific to Unit 0 xx Xxxx 0; xxd
(c) except for (i) charges payable by the Parties pursuant to Section 12 of the Ownership Agreement, (ii) coal transportation charges payable by the Parties pursuant to the Coal Transportation Agreement, and (iii) other Costs of Operation the Project Users pay based on each Project User's allocation of generation (e.g., lime and diesel fuel), the Parties shall be responsible for their respective Project Shares of Costs of Operation and Costs of Construction irrespective of whether a particular cost is specific to Unit 3 or Unit 4.
Confirmation and Agreement. Each of the Lenders party hereto confirms and agrees that the guaranty to be provided to Whirlpool by Noma Corporation of the obligations of Noma Technologies Limited Partnership under the Reynosa Supply Agreement is permitted under Section 7.14(iv) of the Credit Agreement, in that it is an unsecured guaranty of obligations incurred in the ordinary course of business of a Loan Party (not constituting Debt) by another Loan Party that is the direct parent of such Loan Party.
Confirmation and Agreement. HOST, COMPANY AND PROVIDER CONFIRMS THE FOLLOWING MATTERS FOR THE BENEFIT OF KEY WITH RESPECT TO THE SOLAR PROJECT DOCUMENTS AND THE SYSTEMS:
a. To Host’s, Company’s or Provider’s respective knowledge, there exists no default or event or condition that would, with the giving of notice or lapse of time, constitute a default under the Solar Project Documents, and each of Company and Host has fulfilled all of its respective obligations under the Solar Project Documents to the extent such obligations are required to be performed as of the date hereof.
b. Town of South Windsor owns the Site for the benefit of Host. Host acknowledges and agrees that the Site specifications in Exhibit B are correct. Host confirms that it has an interest in the Site, pursuant to that deed with Owner and such interest is sufficient for Host to fulfill its obligations under the Solar Project Documents.
Confirmation and Agreement. Institution: Lancaster University / Department: Admissions and Outreach Address: Xxxxxxxxxx Xxxxx, Xxxxxxxxx Xxxxxxxxxx, Xxxxxxxxx, XX0 0XX Contact: Xxxxx Xxxxxxxx, Outreach Operations Manager
Confirmation and Agreement. The Collateral Agent acknowledges, confirms and agrees that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Agreement:
