DISCHARGE OF SECURITIES Sample Clauses

DISCHARGE OF SECURITIES a) The Owner shall have the ability to apply to the City, after the completion of ninety percent (90%) of the Works and Services and upon submission of a Property Inquiry Request form with fee together with a Statutory Declaration of Accounts Paid as provided for in Clause 17 hereto, to obtain reductions or discharges of the securities, subject to the provisions of Clause 8b) of this agreement and the Certificate of the City Engineer. Any such request by the Owner shall not be unreasonably withheld by the City.
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DISCHARGE OF SECURITIES. 12.1 If the Borrower is not in default under this Agreement or the Security, then upon payment by the Borrower of all the Indebtedness, the Lender will at the request and at the expense of the Borrower cancel and discharge the charges of the Security and execute and deliver to the Borrower all such documents and instruments which may be requisite for that purpose.
DISCHARGE OF SECURITIES. After the completion of Eighty Percent (80%) of the services in the Subdivision or in an approved stage of the Subdivision, the Developer may, as the work further proceeds to completion, submit a written application to the Town along with a Statutory Declaration of Accounts Paid and upon the Certificate of the Town engineer, to draw on the cash or Letter of Credit in amounts of not less than 5% of the cost of the work itemized in Schedule "D". After the completion of 80% of the work, the Town shall retain, at all times, not less than a 100% of the remaining works for the respective Phase as set forth in Schedule “D”. In no case will the security be reduced to less than 10% of the estimated cost of the works and services outlined in Schedule “D” for each and accumulative Phase in question at which time the security may be reduced to the amount set out in Section 18 until the expiry of the Maintenance Period to guarantee the maintenance of the work during the period.
DISCHARGE OF SECURITIES. After the completion of Seventy Percent (70%) of the services in the Subdivision or in an approved stage of the Subdivision, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township with a Statutory Declaration of Accounts Paid and upon the Certificate of the Township engineer, of obtaining discharges on the cash or Letter of Credit in amounts of not less than 10% of the cost of the work itemized in Schedule "D". After the completion of 70% of the work, the Township shall retain, at all times, sufficient security in the form of cash or Letter of Credit, to finance the completion of the works itemized in Schedule "D", with an additional 10% of the cost of the works, as itemized in Schedule "D", being retained by the Township until the expiry of the Maintenance Period to guarantee the maintenance of the work during the period.
DISCHARGE OF SECURITIES. The Town agrees to reduce the security in a respective phase upon receipt of a signed progress payment request from the Town’s consulting engineer as outlined in Section 17. The Developer shall be responsible for submitting a request for progress payment in writing or email to the Town’s consulting engineer identifying the work completed and the contractor to be paid. The Town will endeavor to make such payments within thirty (30) days of receipt of the progress payment approval by its consulting engineer, the Town shall retain, at all times, not less than a 100% of the remaining works for the respective Phase as set forth in Schedule “D”. In no case will the security be reduced to less than 10% of the estimated cost of the works and services outlined in Schedule “D” for each and accumulative Phase in question at which time the security may be reduced to the amount set out in Section 18 until the expiry of the Maintenance Period to guarantee the maintenance of the work during the period.

Related to DISCHARGE OF SECURITIES

  • Pledge of Securities Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

  • Replacement of Securities If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

  • Exchange of Securities Upon receipt of Instructions, the Custodian will exchange Securities held by it for a Fund for other Securities or cash paid in connection with any reorganization, recapitalization, merger, consolidation, conversion, or similar event, and will deposit any such Securities in accordance with the terms of any reorganization or protective plan. Unless otherwise directed by Instructions, the Custodian is authorized to exchange Securities held by it in temporary form for Securities in definitive form, to surrender Securities for transfer into a name or nominee name as permitted in Section 4(b)(2), to effect an exchange of shares in a stock split or when the par value of the stock is changed, to sell any fractional shares, and, upon receiving payment therefor, to surrender bonds or other Securities held by it at maturity or call.

  • Repayment of Securities Securities of any series subject to repayment in whole or in part at the option of the Holders thereof will, unless otherwise provided in the terms of such Securities, be repaid at a price equal to the principal amount thereof, together with interest (if any) thereon accrued to the Repayment Date specified in or pursuant to the terms of such Securities. The Company covenants that, with respect to such Securities, on or before the Repayment Date it will deposit with a Trustee or with a Paying Agent (or, if the Company is acting as its own Paying Agent, segregate and hold in trust as provided in Section 10.03) an amount of money in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.01 for the Securities of such series and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal (or, if so provided by the terms of the Securities of any series, a percentage of the principal) of and (except if the Repayment Date shall be an Interest Payment Date) accrued interest (if any) on, all the Securities or portions thereof, as the case may be, to be repaid on such date.

  • Release of Securities (a) The Custodian shall release and deliver, or direct its agents or sub-custodian to release and deliver, as the case may be, Securities or Required Documents of the Company held by the Custodian, its agents or its sub-custodian from time to time upon receipt of Proper Instructions (which shall, among other things, specify the Securities or Required Documents to be released, with such delivery and other information as may be necessary to enable the Custodian to perform), which may be standing instructions (in form acceptable to the Custodian), in the following cases:

  • Payment of Securities 39 SECTION 4.02.

  • Status of Securities As of the Closing, the shares of Series A Preferred Stock to be issued pursuant to this Agreement and the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock will have been duly authorized by all necessary corporate action of the Company. When issued and sold against receipt of the consideration therefor as provided in this Agreement or the Series A Certificate, as applicable, the shares of Series A Preferred Stock will be validly issued, fully paid and nonassessable, will not be subject to preemptive rights of any other stockholder of the Company, free and clear of all Liens, except restrictions imposed by the Securities Act, any applicable state, foreign or other securities Laws, this Agreement, and Liens incurred by the Purchaser. Upon any conversion of any shares of Series A Preferred Stock into, or the redemption of any shares of Series A Preferred Stock in exchange for, shares of Common Stock pursuant to and in accordance with the terms and conditions of the Series A Certificate, the shares of Common Stock issued upon such conversion or redemption will be validly issued, fully paid and nonassessable, and will not be subject to preemptive rights of any other stockholder of the Company, and will effectively vest in the Purchaser good title to all such securities, free and clear of all Liens, except restrictions imposed by the Securities Act, any applicable state, foreign or other securities Laws, this Agreement, and Liens incurred by the Purchaser. The respective rights, preferences, privileges, and restrictions of the Series A Preferred Stock and the Common Stock are as stated in the Series A Certificate or the Company’s certificate of incorporation, respectively. As of the Closing, the shares of Common Stock to be issued upon any conversion or redemption of the Purchased Shares shall have been duly reserved for such issuance.

  • Treatment of Securities The Company will treat the Securities as indebtedness, and the amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for U.S. federal income tax purposes, or any other applicable form establishing a complete exemption from U.S. withholding tax.

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