Enforcement of Claims. 24.1 Notification of amount in default: Without prejudice to the provisions of Section 21, if a Pool Member or the Grid Operator shall fail to pay any amount payable pursuant to this Schedule on the due date, the Pool Funds Administrator shall notify the Director, the Executive Committee and each Pool Creditor to whom the amount in default is owed pursuant to this Agreement of the name of the non-paying Pool Debtor, the aggregate amount in default and the amount owed to each Pool Creditor.
Enforcement of Claims. The Master Distributor shall, at MVL’s expense, make or cause to be made all necessary claims and filings (including those reasonably requested by the Control Party) in connection with all Statutory Copyright Revenues arising from the Distribution Rights in and to each Completed Film, and shall collect or arrange for the collection of, pursuant to the terms hereof, all such Statutory Copyright Revenues for inclusion in Gross Receipts of the respective Completed Films from time to time, including the enforcement of its rights and remedies with respect thereto under each Studio Distribution Agreement and each other Distribution Agreement.
Enforcement of Claims. If a claim under Section 1 of this Bylaw is not paid in full by the corporation within 60 days after a written claim pursuant to Section 2 of this Bylaw has been received by the corporation, the claimant may at any time thereafter bring suit against the corporation to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the corporation) that the claimant has not met the standard of conduct which makes it permissible under the Delaware General Corporation Law for the corporation to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the corporation. Neither the failure of the corporation (including its Board of Directors, Independent Counsel or stockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Delaware General Corporation Law, nor an actual determination by the corporation (including its Board of Directors, Independent Counsel or stockholders) that the claimant has not met such applicable standard of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct. If a determination shall have been made pursuant to this Section 2 that the claimant is entitled to indemnification, the corporation shall be bound by such determination in any judicial proceeding commenced pursuant to this Section 3. The corporation shall be precluded from asserting in any judicial proceeding commenced pursuant to this Section 3 that the procedures and presumptions of this Bylaw are not valid, binding and enforceable and shall stipulate in such proceeding that the corporation is bound by all the provisions of this Bylaw.
Enforcement of Claims. The name "
Enforcement of Claims. The Asset Buyer shall be entitled to enforce any of the Company's rights and remedies hereunder, including the right to receive payment from any and all Stockholders on account of Appraisal Claims and Sections 5A and 7. This provision shall not be affected by the bankruptcy, insolvency or liquidation of the Company or any merger or consolidation of the Company with or into any other entity.
Enforcement of Claims. During the term of this Agreement, the Companies shall have the obligation to investigate, present and prosecute known claims with respect to the Xxxxxxx County Unit 2 Project, including claims against insurers and indemnitors providing insurance or indemnities with respect to any loss of or damage to any property of the Xxxxxxx County Unit 2 Project, or any interest of the Parties pertaining thereto, and with respect to any liability of the Parties covered by insurance or an indemnity agreement. To the extent that such loss, damage, or liability is not covered by insurance or by an indemnity agreement, the Companies shall present and prosecute claims therefor against any Persons who may be liable therefor, provided, however, the Companies are not required to resort to litigation or an alternative resolution procedure against an Affiliate of the Companies or to initiate, present, or prosecute any claim which, in their sole judgment exercised in good faith, is without sufficient merit to warrant such enforcement, or otherwise is inconsistent with the Parties’ general business interests related to the Xxxxxxx County Unit 2 Project. Nothing herein shall require the Companies to invoke any certain type of enforcement procedure, or to seek, or to continue to seek, enforcement of any claim, when in the Companies’ sole judgment, the Parties’ general business interests related to the Xxxxxxx County Unit 2 Project are better served by settling or withdrawing such claim. If the amount of any such claim by the Parties against non-Affiliates of the Companies arising out of the (i) Development Phase or the Construction Phase exceeds five hundred thousand dollars ($500,000) or (ii) Operating Phase exceeds two hundred fifty thousand dollars ($250,000), the Companies shall notify the Parties of the existence and nature of such claim and shall also notify the Parties if and when any settlement of any such claim is accomplished by the Companies. In the event that the Companies do not diligently attempt to settle or, failing settlement, prosecute a claim nothing herein shall prevent IMEA or IMPA from prosecuting such claim or demand in its own name, to the extent of, and as such claim or demand affects its interest, provided, however, with respect to material claims against Affiliates of the Companies, IMEA and IMPA shall refrain from prosecution or demands until the Companies have had a reasonable period to settle or resolve such claim as provided below. Costs and expenses ...
Enforcement of Claims. (a) Notwithstanding anything that may be expressed or implied in this Agreement or any document or instrument delivered in connection herewith, BidCo, by its acceptance of the benefits hereof, covenants, agrees and acknowledges that no Person other than the Investor and any of its assignees that is actually assigned any obligations pursuant to this Agreement, has obligations hereunder and that, notwithstanding that the Investor is a limited partnership, neither BidCo nor any other Person has any remedy, recourse or right of recovery against, or contribution from, any Investor Affiliate (as defined below), through the Investor, BidCo or otherwise in connection with this Agreement, whether by or through attempted piercing of the corporate veil or similar proceeding, by the enforcement of any assessment or by any legal or equitable proceeding, by virtue of any statute, regulation or applicable law, by or through a claim by or on behalf of BidCo against the Investor or any Investor Affiliate, or otherwise.
(b) Without limiting the foregoing, by its acceptance of this Agreement, to the maximum extent permitted by applicable law, BidCo agrees that it shall not, and shall cause each of its controlled Affiliates and their respective officers, directors, employees, representatives and agents, acting in such capacities, not to, institute any proceeding or bring any claim against the Investor or any Investor Affiliate under or in connection with or related to this Agreement or the obligations contemplated hereby under any theory of law or equity, except for claims against the Investor or any of its assignees to enforce their obligations explicitly set forth herein. For purposes of this Agreement, the term “Investor Affiliate” means (1) any former, current or future general or limited partners, stockholders, holders of any equity, partnership or limited liability company interest, officer, member, manager, director, employee, agent, attorney, controlling person, assignee or Affiliate of the Investor, or (3) any former, current or future general or limited partners, stockholders, holders of any equity, partnership or limited liability company interest, officer, member, manager, director, employee, agent, attorney, controlling person, assignee or Affiliate of any of the foregoing; provided, that, for the avoidance of doubt, no Person to which the Investor has validly assigned all or any portion of the Commitment shall be an Investor Affiliate.
Enforcement of Claims. A party is not entitled to pursue a claim for a breach of a Warranty unless, within six (6) months after it notifies the breaching party of the claim, it has instituted and served legal proceedings against the breaching party in relation to the claim.
Enforcement of Claims. The name "Prudential Equity Income Fund" is the designation of the Trustees under an Amended and Restated Declaration of Trust dated August 16, 1994, and all persons dealing with the Fund must look solely to the property of the Fund for the enforcement of any claims against the Fund, and neither the Trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Fund.
Enforcement of Claims. Any Noteholder may in any proceedings against the Issuer or the Guarantor or to which the Noteholder and the Issuer and/or Infineon Technologies AG are parties protect and enforce in its own name its rights arising under its Notes by submitting the following documents:
(a) a certificate issued by its Depositary Bank (as defined below) (i) stating the full name and address of the Noteholder, (ii) specifying an aggregate principal amount of Notes credited on the date of such certificate to such Noteholder's securities account maintained with such Depositary Bank and (iii) confirming that the Depositary Bank has given a written notice to the Clearing System as well as to the Paying Agent containing the information pursuant to (i) and (ii) and bearing acknowledgements of the Clearing System and the relevant Clearing System accountholder as well as (b) a copy of the Global Note certified by a duly authorized officer of the Clearing System or the Paying Agent as being a true copy. For the purposes of the foregoing, "Depositary Bank" means any bank or other financial institution of recognized standing authorized to engage in securities deposit business with which the Noteholder maintains a securities account in respect of any Notes, and includes Clearstream Banking AG. ss. 21 (Language) These Terms and Conditions are written in the German language and provided with an English language translation. The German version shall be the only legally binding version. The English translation is for convenience only. ANLEIHEBEDINGUNGEN ss. 1 (Allgemeines)
