Duty to Fund Sample Clauses

Duty to Fund. Nothing in this Section 3 shall relieve B Participant of its obligation to fund each Disbursement when and as required by the Loan Documents and this Agreement; provided, however, that in no event shall B Participant’s total exposure for a particular Loan principal be required to exceed the maximum current commitment for such Loan set forth on Exhibit E, as same may be changed through a Modification.
Sample 1
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Duty to Fund. If the dispute involves a funding obligation set forth in this Agreement, other than a dispute regarding the amount of Financial Assurance to be provided, except as otherwise expressly provided in this Agreement, the Cooperating Respondents must pay the disputed amount(s) that are due pursuant to this Agreement when due, even if such due date is prior to the commencement of dispute resolution under the provisions of this Article, until resolution of the dispute. Whenever possible, the Parties shall endeavor to resolve the dispute prior to the expenditure of funds. If funds have been expended and the arbitrator finds in favor of the Cooperating Respondents, then the Cooperating Respondents shall be entitled to receive an immediate refund which they may elect to have credited against the amount to be deposited in the Escrow Account for the next applicable Quarterly Schedule. As to any dispute concerning any increased amount of Financial Assurance to be provided, Cooperating Respondents’ funding obligation is not triggered until the dispute is resolved pursuant to the procedures in Article 8 of this Agreement.
Sample 1
Duty to Fund. Mentmore and IM each agree to fund (on a pro rata basis based on their respective shareholder's interest in Britannia), any capital requirements of Britannia, BDM or any of their respective Subsidiaries, arising solely out of actual monetary losses, damages or expenses incurred by Britannia or BDM (or any of their respective Subsidiaries), for which payments are required to be made pursuant to Section 9.2 or 9.6 hereof. The party receiving a payment under Section 9.2 or 9.6 will not be required to fund such capital requirements (referred to in the prior sentence. In an amount which exceeds the payment it received pursuant to Section 9.2 or 9.6, as the case may be.
Sample 1

Related to Duty to Fund

  • Duty to Defend The Consultant’s obligation in Subsection 11.1 above applies to the maximum extent allowed by law and includes defending the City, its officers, employees and agents as set forth in Sections 2778 and 2782.8 of the California Civil Code. Upon the City’s written request, the Consultant, at its own expense, shall defend any suit or action that is subject to the obligation in Subsection 11.1 above.

  • Duty to Notify All new employees will be given at the time of appointment a document detailing the requirements with regards to timely notification of gaining qualifications and timely notification of previous relevant service.

  • Duty to Inform Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on the District’s Poles by Licensee’s employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee’s employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same.

  • DUTY TO DISCLOSE If circumstances change or additional information is obtained regarding any of the representations and warranties made by the Applicant in the Application or this Agreement, or any other disclosure requirements, subsequent to the date of this Agreement, the Applicant’s duty to disclose continues throughout the term of this Agreement.

  • Opportunity to Remedy If the Funder considers that it is appropriate to allow the HSP an opportunity to remedy a breach of this Agreement, the Funder may give the HSP an opportunity to remedy the breach by giving the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will also advise the HSP that the Funder may terminate this Agreement: at the end of the Notice period provided for in the Notice if the HSP fails to remedy the breach within the time specified in the Notice; or prior to the end of the Notice period provided for in the Notice if it becomes apparent to the Funder that the HSP cannot completely remedy the breach within that time or such further period of time as the Funder considers reasonable, or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder.

  • Duty to Report Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

  • Duty to Cooperate If the Parties disagree on any aspect of the proposed Motion for Preliminary Approval and/or the supporting declarations and documents, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to resolve the disagreement. If the Court does not grant Preliminary Approval or conditions Preliminary Approval on any material change to this Agreement, Class Counsel and Defense Counsel will expeditiously work together on behalf of the Parties by meeting in person or by telephone, and in good faith, to modify the Agreement and otherwise satisfy the Court’s concerns.

  • No duty to monitor The Agent shall not be bound to enquire: (a) whether or not any Default has occurred; (b) as to the performance, default or any breach by any Party of its obligations under any Finance Document; or (c) whether any other event specified in any Finance Document has occurred.

  • Limitation on Duty to Collect Custodian shall not be required to enforce collection, by legal means or otherwise, of any money or property due and payable with respect to Securities held for the Fund if such Securities are in default or payment is not made after due demand or presentation.

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