Contingencies. (Choose and initial all the contingencies the Parties agree to.)
Contingencies. No Statements of Probable Construction Cost submitted by Design Professional shall include a construction contingency amount, but shall include such design contingencies as are necessary to account for work for which the design has not been completed.
Contingencies. Contributions to a contingency reserve or any similar provision made for events, the occurrence of which cannot be foretold with certainty as to time or intensity or with an assurance of their happening, are unallowable.
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.
Contingencies. This faculty appointment is contingent upon an acceptable background check, verification of credentials, and upon approval by the Chancellor of the UNMC or designated delegatee. The appointment of Faculty Member is subject to all terms and conditions contained in this Agreement, Bylaws and Policies and the procedures derived therefrom. (University of Nebraska Board of Regents Bylaws and Policies can be found on the University of Nebraska Board of Regents website.)
Contingencies. If this Security is enforced at a time when no amount is due under the Loan Documents but at a time when amounts may or will become due, the Collateral Agent (or the Receiver) may pay the proceeds of any recoveries effected by it into such number of suspense accounts as it considers appropriate.
Contingencies. 3.1 SELLER shall (at SELLER’s sole cost and expense) take all necessary steps to satisfy, terminate, discharge and defease all mortgages, deeds of trust, assignments of leases and rents, security agreements, UCC financing statements and all other financing liens encumbering the Site and Personal Property (collectively “Financing Liens”) of record, on or before the Closing, such that the Financing Liens shall no longer encumber the Property, the Site, or any portion thereof, and any and all enforcement proceedings respecting the Financing Liens (such as foreclosure actions) shall be discontinued with prejudice, and all notices of pendency shall be cancelled (and same not being raised as an exception to title shall be deemed Lessor’s compliance). The provisions of this Section 3.1 shall survive Closing.
3.2 PURCHASER’s obligations hereunder are expressly subject to, conditioned upon and contingent upon (a) SELLER’s ability to deliver to PURCHASER and the delivery to PURCHASER of (i) good, marketable and insurable fee simple title to the Property, free and clear of Financing Liens, (ii) good and lien free title to the Personal Property; (b) SELLER furnishing PURCHASER with all necessary approvals, consents and resolutions of the trustees of the trusts comprising SELLER authorizing the transactions contemplated hereby; and (c) the provisions of Section 5.3 hereof having been fulfilled. The aforementioned contingencies are for the exclusive benefit of PURCHASER, and may be waived by PURCHASER only, in whole or in part, in writing. In the event that all such contingencies are not satisfied or waived by PURCHASER in writing in accordance with the terms of this Agreement, PURCHASER may, as its sole right and remedy, terminate the Sovran Lease and this Agreement by providing written notice to SELLER no later than three (3) business days following the date established for Closing hereunder, whereupon neither SELLER nor PURCHASER shall have any further claim against the other, except for claims which by their terms survive the termination thereof.
Contingencies. All orders are subject to acceptance by Transfer Agent and become effective only upon confirmation by Transfer Agent. Upon confirmation, the Transfer Agent will verify total purchases and redemptions and the closing share position for each fund/account. In the case of delayed settlement, Transfer Agent and Insurance Company shall make arrangements for the settlement of redemptions by wire no later than the time permitted for settlement of redemption orders by the Investment Company Act of 1940. Such wires for Insurance Company should be sent to: Such wires for Transfer Agent should be sent to:
Contingencies. Except as disclosed in the SEC Documents, there are no actions, suits, claims or proceedings pending, or to the knowledge of the Company threatened against, by or affecting, the Company in any court or before any arbitrator or governmental agency that may have a material adverse effect on the Company or which could materially and adversely affect the right or ability of the Company to consummate the transactions contemplated hereby. To the knowledge of the Company, there is no valid basis upon which any such action, suit, claim, or proceeding may be commenced or asserted against it. There are no unsatisfied judgments against the Company and no consent decrees or similar agreements to which the Company is subject and which could have a material adverse effect on the Company.
Contingencies. (a) Xxxxx acknowledges and agrees that prior to the Effective Datethe Manlius Town Board has adopted a resolution authorizing the acquisition of the Property on the terms specified in this Agreement, subject by New York Town Law to a permissive referendum vote on petition. This Agreement and the Buyer’s obligations hereunder, shall be expressly contingent upon the satisfaction by Xxxxx at its sole cost or expense and in its sole and absolute discretion of the following contingencies:
(i) The review and approval by Buyer of any title report obtained by Xxxxx;
(ii) The issuance of bonds by Xxxxx in the amount of the Purchase Price;
(iii) If the Buyer receives a petition signed and filed by the appropriate number of registered voters of the Buyer requiring that a special election be held on the approval of the acquisition of the Property pursuant to Section 91 of the New York Town Law, that any such election is taken and sufficient votes are obtained approving Buyer to proceed with the Closing of the Property pursuant to the terms and conditions of this Agreement; and
(iv) This Agreement is contingent on the Buyer, on or before ninety (90) days from the Effective Date of this Agreement (the “Investigatory Date”) and at the Buyer’s sole cost and expense, conducting or having conducted on its behalf such non-invasive investigation or investigations as to the Property and Buyer’s intended use of the Property as Buyer may desire, whether such be for the condition of the Property or any buildings on the Property, environmental, and/or flood zone conditions (“Investigation”). Seller will reasonably cooperate with Buyer and will provide to Buyer such additional information concerning the Property as Buyer may reasonably request to the extent such information is readily available to and in Seller's possession or control. In the event any part of such Investigation does not meet Xxxxx's sole approval for any or no reason, then Buyer may, at Buyer's sole option, deem this Contract null and void, in which event neither party shall have any further rights, obligations or liabilities against or to the other, hereunder or otherwise, except the Deposit shall be refunded in full to the Buyer. In the event the Buyer does not exercise Buyer’s right to deem this Contract null and void by providing written notice of such to Seller by the Investigatory Date, then Buyer shall automatically be deemed to have waived any and all rights Buyer may have pursuant to this subparagraph (iv...