Enforcement Measures Sample Clauses

Enforcement Measures. Any legal proceedings and enforcement measures on behalf of the Lenders will be taken by the applicable Agent; at such Agent’s request, all Lenders must join it in such proceedings or enforcement measures.
Sample 1Sample 2Sample 3See All (15)
AutoNDA by SimpleDocs
Enforcement Measures. 31 16.6 Indemnification................................................ 32 16.7
Sample 1
Enforcement Measures. Any Enforcement Measure that has been approved pursuant to Section 4.2 above, clause I, subclause (c), may be taken by the Lenders that approved such Enforcement Measure (any such Lender, an “Enforcing Lender”), provided that: I. the Enforcing Lenders shall grant to the remaining Lenders (any such Lender, a “Non-Enforcing Lender”) the term of 10 (ten) Business Days from the date such Enforcement Measure has been approved for the Non-Enforcing Lenders inform their interest to become a party to such Enforcement Measure, by providing all necessary documents to the law firm selected by the Enforcing Lenders, when such Non-Enforcing Lenders that chose to do so will also become Enforcing Lenders; II. for each jurisdiction where a judicial Enforcement Measure is taken, such judicial Enforcement Measure will be initiated by the Enforcing Lenders in one single lawsuit, by a single law firm, which will represent the Enforcing Lenders; III. each of the Enforcing Lenders shall provide the selected law firm of the relevant jurisdiction(s) with all necessary documents, including the respective ad judicia power of attorney, within 10 (ten) Business Days from the date the law firm has been selected; IV. notwithstanding the reimbursement right for all fees, costs and expenses incurred by the Lenders pursuant to the Loan Documents, the Enforcing Lenders shall share on a pro rata basis all fees, costs and expenses related to any Enforcement Measures, including the fees and expenses of the selected law firm in each jurisdiction, provided, further, that, in case any Enforcing Lender fails to make any such payment, the amounts due by such defaulting Enforcing Lender shall be offset with any pro rata share of the Enforcement Net Proceeds that are due to such defaulting Enforcing Lender; V. any Enforcement Net Proceeds received by any Enforcing Lender shall be shared on a pro rata basis exclusively among the Enforcing Lenders; and VI. any Enforcement Net Proceeds received by any Non-Enforcing Lender as a result of any individual or joint Enforcement Measure taken by one or more Non-Enforcing Lenders shall be shared on a pro rata basis among the Enforcing Lenders and such Non-Enforcing Lenders.
Sample 1
Enforcement Measures. DOE/PS is responsible for enforcing the Restrictions and Obligations in the Planning Agreement. Where there is a clear or threatened breach of the Agreement DOE/PS can take enforcement action by injunction. This, by its very nature, is a protracted process and one which there is an understandable reticence to pursue.
Sample 1
Enforcement Measures. Notwithstanding the provisions of this Agreement, the Company, without any liability and/or notice (to a Client) shall be entitled to the following enforcement measures: AG(i) refuse Rto completeEor executEe a transMaction, block, caEncel (voidN) or T suspend any executed or processed transaction on the XXXXXXX.XXX Online Trading Platform despite the fact they have been confirmed by the Company. The Company reserves the right to return the Parties of the Agreement (the situation) to the position that they were in before the Transaction was made, and/or
Sample 1
Enforcement Measures. International agreements often leave the power to enforce their requirements to the states that join the regimes they operate. IGOs are, however, sometimes assigned authority to collect evidence, hold hearings, make determinations, or impose and enforce remedies against offending states for violations of commitments. The very first, modern, multilateral arrangements, adopted to regularize the collection of tariffs, encourage commerce, and reduce pollution in the Rhine River authorized officials to determine whether violations of commitments were taking place, and ultimately to collect and distribute tariffs to the parties in accordance with an agreed formula.64 A more recent example is ICAO’s power to make and issue findings that an airport is insufficiently secure, where “the practical effect of such a declara- tion would be to close the airport to international use.”65 A variety of enforcement powers could conceivably be given to entities assigned cyber-security tasks. Among the most common types of enforcement measures would be the usual powers to estab- lish a budget, to allocate financial obligations to parties, and to suspend the voting rights (or right to participate) of parties that fail to pay their shares of the financial burden of the agency’s operations. Authority could also be created for determining responsibility for cyberattacks or exploitation and imposing penalties on non-state actors, including monetary damages and the suspension of licenses. 62An example of a controversial disclosure is discussed in a Wall Street Journal article published on June 14, 2010, “Compute Experts Face Backlash,” B6, col. 1, describes how a group collectively called Goatse Security disclosed a flaw in AT&T’s website that made iPad owners’ email addresses public. Other experts condemned the disclosure, and the FBI reportedly opened an investigation of the incident. Xxxx Xxxx, founder of the Black Hat security conference said: “We’ve been having this conversation for 15 years,” and still not everyone agrees what is “responsible” disclosure. 63Experts appear to regard Windows to be relatively insecure, for example, creating widespread vulnerability. Google, Inc., is reported to have recently instructed its personnel that they may not use Windows on the company’s non-portable computers. Xxxxx Xxxxxx and Xxxxxxx Xxxxxx, “Google ditches Windows on security concerns,” Financial Times, May 31, 2010, xxxx://xxx. xx.xxx/xxx/x/0/x0x0x00x-0xxx-00xx-00x0-00000xxxx00x.xxxx. ...
Sample 1
Enforcement Measures. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal to the Board of Appeals, within 45 days of a decision of the Board of Appeals affirming or modifying the Enforcement Authority's decision, then the Enforcement Authority may recommend to the municipal officers that the Town's attorney file an enforcement action in a Maine court of competent jurisdiction under Rule 80K of the Maine Rules of Civil Procedure.
Sample 1
AutoNDA by SimpleDocs
Enforcement Measures. (a) The Government of Japan confirms its commitment to strictly enforce the AMA, in all industries including the insurance sector, against practices that, in light of market structure and other factors as appropriate, constitute violations of the AMA, such as private monopolization, unreasonable restraints of trade, or unfair trade practices. (b) The Government of Japan, while noting the Report by the Insurance Council, will review, by Fiscal Year 1995, AMA exemptions stipulated in the Insurance Business Law.
Sample 1
Enforcement Measures. In light of the above, the Respondents undertake upon themselves the following enforcement measures and undertake to carry out the actions imposed on them by virtue of the same means of enforcement:
Sample 1

Related to Enforcement Measures

  • Enforcement of Award The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.

  • Enforcement Rights (a) At any time following the occurrence and during the continuation of a Termination Event: (i) the Administrator may direct the Obligors that payment of all amounts payable under any Pool Receivable is to be made directly to the Administrator or its designee, (ii) the Administrator may instruct the Seller or the Servicer to give notice of the Purchaser Groups’ interest in Pool Receivables to each Obligor, which notice shall direct that payments be made directly to the Administrator or its designee (on behalf of such Purchaser Groups), and the Seller or the Servicer, as the case may be, shall give such notice at the expense of the Seller or the Servicer, as the case may be; provided, that if the Seller or the Servicer, as the case may be, fails to so notify each Obligor, the Administrator (at the Seller’s or the Servicer’s, as the case may be, expense) may so notify the Obligors, (iii) the Administrator may request the Servicer to, and upon such request the Servicer shall: (A) assemble all of the records necessary or desirable to collect the Pool Receivables and the Related Security, and transfer or license to a successor Servicer the use of all software necessary or desirable to collect the Pool Receivables and the Related Security, and make the same available to the Administrator or its designee (for the benefit of the Purchasers) at a place selected by the Administrator, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections in a manner acceptable to the Administrator and, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrator or its designee, and (iv) the Administrator may collect any amounts due from any Originator under the Sale Agreement. (b) The Seller hereby authorizes the Administrator (on behalf of each Purchaser Group), and irrevocably appoints the Administrator as its attorney-in-fact with full power of substitution and with full authority in the place and stead of the Seller, which appointment is coupled with an interest, to take any and all steps in the name of the Seller and on behalf of the Seller necessary or desirable, in the determination of the Administrator, after the occurrence and during the continuation of a Termination Event, to collect any and all amounts or portions thereof due under any and all Pool Assets, including endorsing the name of the Seller on checks and other instruments representing Collections and enforcing such Pool Assets. Notwithstanding anything to the contrary contained in this Section 4.4(b), none of the powers conferred upon such attorney-in-fact pursuant to the preceding sentence shall subject such attorney-in-fact to any liability if any action taken by it shall prove to be inadequate or invalid, nor shall they confer any obligations upon such attorney-in-fact in any manner whatsoever.

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.

  • Enforcement Actions Each of Moriah and the Notes Collateral Agent agrees not to commence or take any Enforcement Action until an Enforcement Notice has been given by such Enforcing Party to the other Party. Subject to the foregoing, Moriah and the Notes Collateral Agent agree that during an Enforcement Period: (a) Moriah may, at its option, take and continue any Enforcement Action with respect to Moriah Senior Collateral and realize thereon, without the prior written consent of the Notes Collateral Agent, provided that during any Enforcement Period with respect to the Noteholder Senior Collateral, Moriah shall not commence or take any Enforcement Action or realize upon the Noteholder Senior Collateral without the Notes Collateral Agent's prior written consent. (b) Subject to the standstill period described in Section 2.3(e) below, the Notes Collateral Agent may, at its option, take and continue any Enforcement Action with respect to the Noteholder Senior Collateral and realize thereon without the prior written consent of Moriah, provided that during any Enforcement Period with respect to the Moriah Senior Collateral, the Notes Collateral Agent shall not commence or take any Enforcement Action or realize upon any of the Moriah Senior Collateral without Moriah's prior written consent. In furtherance and not in limitation of the foregoing, during an Enforcement Period, the Notes Collateral Agent shall not take any action to enforce its rights under the Lockbox Agreement, whether pursuant to Section 2 thereof or otherwise. (c) If both Moriah and the Notes Collateral Agent elect to proceed with Enforcement Actions, then each shall proceed with the Enforcement Action of any security interests in or liens on any Collateral in which it has a senior lien or security interest, as described in and provided by Section 2.1, without prejudice to the other Party to join in any proceedings. (d) Each Enforcing Party shall so notify the other Party at such time as the Enforcing Party's Claim is Paid in Full. (e) Notwithstanding anything herein to the contrary, but subject to the proviso at the end of this paragraph, the Notes Collateral Agent agrees that, during the first five (5) days of an Enforcement Period (the “Standstill Period”), it shall not take any action to realize on the Noteholder Senior Collateral, so as not to impair the collection by Moriah of Borrower’s outstanding accounts receivable during that period; provided, however, that the Notes Collateral Agent shall be entitled to take such action as it deems necessary in its sole discretion to (i) protect its secured position during the Standstill Period, (ii) protect its interest from claims or liens of third parties or governmental authorities, or (iii) preserve the Noteholder Senior Collateral from deterioration or diminishment.

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement of Covenants The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 8, 9, 10 and 11 hereof. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information, trade secrets, and other legitimate interests of the Company and its Company Affiliates; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. The Executive further agrees that the Executive will never assert, or permit to be asserted on the Executive’s behalf, in any forum, any position contrary to the foregoing. The Executive further acknowledges that, were the Executive to breach any of the covenants contained in Sections 8, 9, 10 or 11 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that in the event of the breach or a threatened breach by Executive of any of the provisions of Sections 8, 9, 10 or 11 hereof, the Company, in addition and supplementary to other rights and remedies existing in its favor (including pursuant to Section 3(c) hereof), may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without posting a bond or other security), and will additionally be entitled to an award of attorney’s fees incurred in connection with securing any relief hereunder. The parties further agree that if, at the time of enforcement of Sections 8, 9, 10 or 11, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall revise the restrictions contained herein to cover the maximum period, scope and area permitted by law. The Executive agrees that the Restricted Period shall be tolled, and shall not run, during any period of time in which the Executive is in violation of the terms thereof, in order that the Company and its Company Affiliates shall have all of the agreed-upon temporal protection recited herein. No breach of any provision of this Agreement by the Company, or any other claimed breach of contract or violation of law, or change in the nature or scope of the Executive’s employment relationship with the Company, shall operate to extinguish the Executive’s obligation to comply with Sections 8, 9, 10 and 11 hereof.

  • Enforcement of Patents As between the Parties, (i) Prosecuting Party pursuant to 6.2.2 shall have the first right, but not the obligation, to prosecute any Infringement with respect to the Exclusive Licensed Patents including as a defense or counterclaim in connection with any Third Party Infringement Claim, at Prosecuting Party’s sole cost and expense, using counsel of Prosecuting Party’s choice and (ii) MedImmune shall have the sole right, but not the obligation, to prosecute Infringement with respect to the Non-Exclusive Licensed Technology, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at MedImmune’s sole cost and expense, using counsel of its choice. For purposes of this Section 6.3, the Party prosecuting any Infringement pursuant to the foregoing sentence with respect to a Patent shall be the “Enforcing Party.” In the event MedImmune prosecutes any such Infringement in the Field in the Territory, Licensee shall have the right to join as a party to such claim, suit or proceeding and participate with its own counsel at its sole cost and expense; provided that MedImmune shall retain control of the prosecution of such claim, suit or proceeding, including the response to any defense or defense of any counterclaim raised in connection therewith. In the event Licensee prosecutes any such Infringement in the Field in the Territory, MedImmune shall have the right to join as a party to such claim, suit or proceeding and participate with its own counsel at its sole cost and expense; provided that Licensee shall retain control of the prosecution of such claim, suit or proceeding, including the response to any defense or defense of any counterclaim raised in connection therewith. If the Enforcing Party or its designee does not take commercially reasonable steps to prosecute an Infringement in the Field (x) within [***] days following the first notice provided above with respect to such Infringement or (y) provided such date occurs after the first such notice of such Infringement is provided, [***] Business Days before the time limit, if any, set out in appropriate laws and regulations for filing of such actions, whichever comes first, then (1) the Enforcing Party shall so notify the non-Enforcing Party and (2) subject to any rights of any Third Parties under any In-License Agreements (or other applicable Third Party agreements existing as of the Effective Date) and upon the Enforcing Party’s written consent (such consent not to be unreasonably withheld, conditioned or delayed), the non-Enforcing may prosecute such alleged or threatened infringement in the Field at its sole cost and expense, whereupon the non-Enforcing Party shall be deemed the Enforcing Party with respect to such Infringement.

  • Enforcement of Foreign Judgments Any final judgment for a fixed or determined sum of money rendered by any U.S. federal or New York state court located in the State of New York having jurisdiction under its own laws in respect of any suit, action or proceeding against the Company based upon this Agreement, the Registration Statement, the Pricing Disclosure Package and the Prospectus would be declared enforceable against the Company by the courts of Bermuda, without reconsideration or reexamination of the merits.

  • Enforcement Proceedings A distress or execution or other process of a court of competent jurisdiction is levied upon or issued against all or any part of the property of the Borrower/the Security Party and such distress, execution or other process is not discharged by the Borrower/the Security Party within seven (7) days from the date of such levy or issue; or

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!