Encumbrance of Commitments Sample Clauses

Encumbrance of Commitments. Each Member acknowledges and agrees that the Company shall, subject to the restrictions set forth in Section 6.01(b) hereof, be entitled to Encumber all or any portion of its rights under the Subscription Agreement executed by such Member and under this Agreement (including, without limitation, the right to call for contributions of capital hereunder) to one or more financial institutions as security for borrowed money or for the issuance by such financial institutions of letter(s) of credit (collectively, “Financings”). Each Member and each Assignee of a Member further agrees to deliver to any lender providing any Financing: (i) an estoppel letter in a form reasonably acceptable to such lender and Manager (“Investor Letter”), which Investor Letter may provide that such Member or Assignee of such Member agrees to waive its right to any setoff against, defense to or reduction of its obligation to make Capital Contributions hereunder based on any claim that such Member has against any Person (without prejudice to such Member’s rights in a separate action); (ii) any required opinions of counsel regarding due formation, valid existence and good standing of such Member, and due authorization, valid execution and delivery of such Member’s Subscription Agreement, this Agreement and any documents executed in connection with any such Financing, and such other opinion issues as may be requested by such lender; and (iii) any other instruments as may be reasonably requested by Manager or the lender in order to provide and close such Financing. If any such Member shall fail to execute any such Investor Letter, then such Member hereby irrevocably appoints the Manager as its attorney-in-fact solely for purposes of performing such actions and executing such documents necessary to implement the provisions of this Section 3.03(d). Each Member acknowledges that it may be required to fund its Commitment to an account of the Company maintained with such lender and pledged to secure such Financing. Any payment by any Member to such account pursuant to any such Investor Letter shall constitute a Capital Contribution by such Member for all purposes hereunder.
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Related to Encumbrance of Commitments

  • Modification of Commitments 1. For a period of 12 months from the date of entry into force of this Agreement, a Member State may adopt any measures or modify any of its reservations made in the Schedule under Article 9 (Reservations) for prospective applications to investors of any other Member States and their investments, provided that such measures or modification shall not adversely affect any existing investors and investments.

  • Review of Commitments The Parties shall enter into successive rounds of negotiations, beginning not later than three years from the date of entry into force of this Agreement, and periodically thereafter as determined by the FTA Joint Committee, with a view to further improving specific commitments under this Chapter so as to progressively liberalise trade in services among the Parties.

  • Statement of Commitment The Institutions promote teaching, scholarship and research and the free and critical discussion of ideas. Unions and employers are committed to providing a working and learning environment that allows for full and free participation of all members of the institutional community. Harassment undermines these objectives and violates the fundamental rights, personal dignity and integrity of individuals or groups of individuals. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal or expulsion. The Institutions have a responsibility under the BC's Human Rights Code to prevent harassment and to provide procedures to handle complaints, to resolve problems and to remedy situations where harassment occurs. The employer will offer educational and training programs designed to prevent harassment and to support the administration of the institutional policies and to ensure that all members of the institutional community are aware of their responsibility with respect to the policy. The Unions and Employers agree that attendance is required and will take place during compensated work time.

  • Borrower Not Released; Forbearance By Lender Not a Waiver Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Xxxxxx to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender’s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.

  • MUTUAL COMMITMENTS ‌ 18 The parties to this Contract are mutually committed to the development of an efficient, cost 19 effective, integrated, person-centered, age specific recovery and resilience model approach to 20 the delivery of quality community behavioral health services. To that end, the parties are 21 mutually committed to maximizing the availability of resources to provide needed behavioral 22 health services in the Service Area, maximizing the portion of those resources used for the 23 provision of direct services and minimizing duplication of effort.

  • Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Article 106 (National Treatment) or Article 107 (Market Access), including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party's Schedule.

  • EXTENSION OF USE COMMITMENT The Contractor agrees to honor all orders from State Agencies, political subdivisions and others authorized by law (see Section 25 Extension of Use) which are in compliance with the pricing, terms, and conditions set forth in the Contract. Any unilateral limitations/restrictions imposed by the Contractor on eligible Authorized Users will be grounds for cancellation of the Contract.

  • Service Commitment Newly hired nurses and currently employed nurses who voluntarily choose to relocate and receive a relocation allowance may be required to serve for a minimum of two years at their base before they will be considered for transfer to another base. This commitment will not apply when the employer and nurse mutually agree to waive it and when relocation occurs as a result of layoff/rehire.

  • Commitments of the BUYER 1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organisation or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

  • COMMITMENT OF THE PARTIES By signing9 this document, the teaching staff member, the sending institution/enterprise and the receiving institution confirm that they approve the proposed mobility agreement. The sending higher education institution supports the staff mobility as part of its modernisation and internationalisation strategy and will recognise it as a component in any evaluation or assessment of the teaching staff member. The teaching staff member will share his/her experience, in particular its impact on his/her professional development and on the sending higher education institution, as a source of inspiration to others. The teaching staff member and the beneficiary institution commit to the requirements set out in the grant agreement signed between them. The teaching staff member and the receiving institution will communicate to the sending institution/enterprise any problems or changes regarding the proposed mobility programme or mobility period. The teaching staff member Name: Signature: Date: The sending institution/enterprise Name of the responsible person: Signature: Date: The receiving institution Name of the responsible person: Signature: Date: 1 Adaptations of this template: In case the mobility combines teaching and training activities, this template should be used and adjusted to fit both activity types. In the case of mobility between Programme and Partner Country HEIs, this agreement must be always signed by the staff member, the Programme Country HEI and the Partner Country HEI (three signatures in total). In the case of invited staff from enterprises to teach in Partner Country HEIs, this agreement must be signed by the participant, the Programme Country HEI as beneficiary; the Partner Country HEI receiving the staff member and the Programme Country enterprise (four signatures in total). An additional space will be added for signature of the Programme Country HEI organising the mobility. For invited staff from enterprises to teach in Programme Country HEIs, it will be sufficient with the signature of the staff member, the Programme Country HEI and the sending organisation (three signatures in total, same as in mobility between Programme Countries).

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