Eligible Entity. Additionally, Eligible Entity hereby makes the following representations, warranties and covenants to Treasury and the truth and accuracy of such representations and warranties and compliance with and performance of such covenants are continuing obligations of Eligible Entity. In the event that any of the representations or warranties made herein ceases to be true and correct or Eligible Entity breaches any of its covenants made herein, Eligible Entity agrees to notify Treasury immediately and the same shall constitute an Event of Default hereunder.
(1) Eligible Entity constitutes a “financial institution” as such term is defined in section 3(5) of EESA, has the legal power to receive funds from Treasury under the HHF Program, and has been designated by HFA to, and hereby agrees to, provide the Services and implement HFA’s proposal to Treasury under the HHF Program.
(2) Eligible Entity is established under the laws of the United States or any state, territory, or possession of the United States or the District of Columbia, has significant operations in the United States and is not an agency or instrumentality of, or owned directly or indirectly by, any foreign government.
(3) Eligible Entity is duly formed and validly existing and has the full corporate power and authority to enter into, execute, and deliver this Agreement, the Financial Instrument and any other closing documentation delivered to Treasury in connection with this Agreement or the Financial Instrument, and to perform its obligations hereunder and thereunder. Eligible Entity has, and its officers, employees, agents and contractors providing the Services have, or will have prior to performing the Services, obtained all licenses and any other approvals or consents required by law to carry on its business as now being conducted and as contemplated by this Agreement.
Eligible Entity. “Eligible entity” for QDD status means a home office or branch that is a QI and that is—
Eligible Entity. The Proposed QI Agreement provided that an entity must enter into a QI agreement and be an eligible entity to be a QDD. Comments to the Proposed QI Agreement requested that the definition of an eligible entity be expanded. In response to comments regarding the application of the QDD rules to branches, the 2017 QI Agreement clarifies the treatment of branches. The 2017 QI Agreement provides that the home office (as defined in section 2.43 of the 2017 QI Agreement) and each branch of the person that is applying for the QI agreement must separately qualify and be approved for QDD status. The home office and any branch that wants to be a QDD must each separately meet the eligible entity requirements as if it were a separate entity. When approved as a QDD, the home office and each branch are treated as a separate QDD and must apply the QDD provisions as if each home office and branch were separate entities. If a foreign person has one or more branches, the home office is the foreign person, excluding any branches of the foreign person. As provided in section 1.02 of the 2017 QI Agreement, if a QI is an FFI, it can only have a branch also act as a QI if that branch is located in a jurisdiction identified on the IRS’s Approved KYC List. This rule applies to QIs that are FFIs and are applying for QDD status on behalf of the home office or any branch. The QI agreement does not require NFFEs applying for QI status to be located or operating in an approved KYC jurisdiction (because NFFEs under the QI agreement are required to document their account holders by collecting withholding certificates and are not allowed to document their account holders solely with documentary evidence). Similarly, a branch of a NFFE is not required to be located in a jurisdiction identified on the IRS’s Approved KYC List (and must document its account holders with withholding certificates) to be able to act as a QI, including a branch acting as a QDD. Comments also requested that the definition of an eligible entity be expanded to include bank holding companies and their subsidiaries. The comments noted that bank holding companies are subject to extensive regulation, including compliance with risk management standards. In response to comments, the 2017 QI Agreement expands the eligible entity definition to include a bank holding company that is subject to regulatory supervision as a bank holding company by the governmental authority in the jurisdiction in which it is organized or operates...
Eligible Entity as defined in Utah Code § 65A-8-203 (2017), a county, municipality, special service district, local district, or service area with wildland fire suppression responsibility as described in Utah Code § 11-7-1 and wildland fire suppression cost responsibility and taxing authority for a specific geographic jurisdiction; or, with approval by the FFSL director, a political subdivision established by a county, municipality, special service district, local district, or service area that is responsible for providing wildland fire suppression services and paying for the cost of wildland fire suppression.
Eligible Entity. In order to compete in the Competition and/or receive: (i) any portion of any prize purse; (ii) any other monetary payment; or (iii) any non-monetary consideration (collectively, “Award”) under this Agreement, Team must be either a single individual or organized under a single legal entity. Team must be an “Eligible Entity,” defined for the purposes of this Agreement as an entity that is:
3.1.1 A single individual (provided that such individual is the only member of the Team);
3.1.2 A valid existing legal entity (e.g., corporation, LLC, Sole proprietorship, nonprofit etc.) that is duly organized and in good standing in the jurisdiction of its organization;
3.1.3 Organized in a jurisdiction where participation in the Competition is not prohibited;
3.1.4 Organized and operated in such a way that payments in U.S. Dollars may be legally deposited from the United States into a Team bank account. XPRIZE encourages participation by individuals and teams from around the world without regard to race, nationality, politics or ideology. However, United States law prohibits the exchange of services with, or payment of money to, individuals and entities in certain countries. To be eligible, a team must not include any individual or entity organized or with primary residence in Cuba, Iran, North Korea, Sudan, Syria, or where otherwise prohibited by law (See xxxxx://xxx.xxxxxxxx.xxx/resource-center/sanctions/programs/pages/progra ms.aspx
3.1.5 Must not be linked, directly or indirectly, to organizations or individuals associated with terrorism;
3.1.6 Must not and must ensure that its employees, agents, or representatives do not engage in any dishonesty in obtaining a benefit, or causing a loss, by deception or other means, and includes incidents of attempted, alleged, suspected, or detected fraud (“Fraudulent Activity”).
3.1.7 Active in the Competition, meaning that it must not have withdrawn, been terminated, or been disqualified from the Competition; and
3.1.8 In full compliance with the terms and conditions of this Agreement.
3.1.9 If at any time during the Competition, a Team’s legal status or make-up changes, Team must provide written notice to XPRIZE within ten (10) business days of change. Failure to notify XPRIZE of changes to a Team’s legal status or make-up may result in loss of eligibility.
3.1.10 If Team is not an Eligible Entity at any time, XPRIZE will have the right to reject Team’s “Registration” (as defined in Section 4 below) or disqualify Team under Se...
Eligible Entity. An eligible entity is defined as an organization that has an established relationship with the student and eligible to receive FAFSA Filing Status Information. This includes grantees of the U.S. Department of Education under the TRIO Programs and the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR-UP), Tribal Education Agencies, Indian Organizations, and Nonprofit college access organizations on a case-by-case basis.
Eligible Entity. Any school or library meeting the USAC definition of an “Eligible Entity” under the universal Schools and Libraries Program.
Eligible Entity. EGC represents and warrants that, as of the Effective Date, EGC is an Eligible Entity.
Eligible Entity. Each Financial Institution Subsidiary that is or will participate in the FDIC Guarantee Program is an “eligible entity,” as such term is defined in 12 C.F.R. Section 370.2(a).
Eligible Entity. However, in order to compete in the Competition and/or receive:
(a) any portion of any prize purse; (b) any other monetary payment; or (c) any non-monetary consideration (collectively, “Award”) under this Agreement, Team must be an Eligible Entity.
