External administration Sample Clauses

External administration. Without limiting any other provisions of this Agreement, the Provider must provide the Department, immediately upon receipt or generation by the Provider, a copy of: any notice requiring the Provider to show cause why the Provider should not come under any form of external administration referred to in clause 54.1(b); any record of a decision of the Provider, notice or orders that the Provider has, or will, come under one of the forms of external administration referred to in: Chapter 5 of the Corporations Act 2001 (Cth); the equivalent provisions in the incorporated associations legislation of the Australian states and territories; or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth); any statutory demand within the meaning of sections 459E and 459F of the Corporations Act 2001 (Cth); any proceedings initiated with a view to obtaining an order for the Provider’s winding up; any decisions and orders of any court or tribunal made against the Provider, or involving the Provider, including an order for the Provider’s winding up; any notice that a shareholder, member or Director is convening a meeting for the purpose of considering or passing any resolution for the Provider’s winding up; and being an individual, any notice that the Provider has become bankrupt or has entered into a scheme of arrangement with his or her creditors. The Provider must, immediately upon the event happening, give Notice to the Department that the Provider: has decided to place itself, or has otherwise come under, any one of the forms of external administration, referred to in clause 54.1(b); or is ceasing to carry on business.
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External administration. You must provide to Us, immediately upon receipt or generation by You, a copy of: any notice requiring You to show cause why You should not come into any form of external administration referred to in clause 56.4(b); any record of a decision by You, notice or orders that You have, or will, come under one of the forms of external administration referred to in: Chapter 5 of the Corporations Act 2001 (Cth); the equivalent provisions in the incorporated associations legislation of the Australian states and territories; or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth); any statutory demand within the meaning of sections 459E and 459F of the Corporations Act 2001 (Cth); any proceedings initiated with a view to obtaining an order for Your winding up; any decisions and orders of any court or tribunal made against You, or involving You, including an order for Your winding up; any notice that a shareholder, member or Director is convening a meeting for the purpose of considering or passing any resolution for Your winding up; and being an individual, any notice that You have become bankrupt or have entered into a scheme of arrangement with Your creditors. You must, immediately upon the event happening, give Notice to Us that You: have decided to place Yourself, or have otherwise come under, any one of the forms of external administration, referred to in clause 56.4(b); are ceasing to carry on business; or are no longer willing or able to provide the Services in accordance with this Agreement. Corporate governance Unless otherwise agreed by Us in writing at Our absolute discretion, You must not employ, engage or elect any person who would have a role in Your management, financial administration or, if Notified by Us, the conduct of the Services, if: the person is an undischarged bankrupt; there is in operation a composition, deed of arrangement or deed of assignment with the person’s creditors under the law relating to bankruptcy; the person has suffered final judgment for a debt and the judgment has not been satisfied; subject to Part VIIC of the Crimes Act 1914 (Cth), the person has been convicted of an offence within the meaning of paragraph 85ZM (1) of that Act unless: that conviction is regarded as spent under paragraph 85ZM (2) (taking into consideration the application of Division 4 of Part VIIC); the person was granted a free and absolute pardon because the person was wrongly convicted of the offence; or the person’s con...
Sample 1
External administration. 48.1 Without limiting any other provisions of this Agreement, the Provider must provide the Department, immediately upon receipt or generation by the Provider, a copy of: (a) any notice requiring the Provider to show cause why the Provider should not come under any form of external administration referred to in clause 48.1(b); (b) any record of a decision of the Provider, notice or orders that the Provider has, or will, come under one of the forms of external administration referred to in: (i) Chapter 5 of the Corporations Act 2001 (Cth); (ii) the equivalent provisions in the incorporated associations legislation of the Australian states and territories; or (iii) Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth); (c) any statutory demand within the meaning of sections 459E and 459F of the Corporations Act 2001 (Cth); (d) any proceedings initiated with a view to obtaining an order for the Provider’s winding up; (e) any decisions and orders of any court or tribunal made against the Provider, or involving the Provider, including an order for the Provider’s winding up; (f) any notice that a shareholder, member or Director is convening a meeting for the purpose of considering or passing any resolution for the Provider’s winding up; or (g) being an individual, any notice that the Provider has become bankrupt or has entered into a scheme of arrangement with his or her creditors. 48.2 The Provider must, immediately upon the event happening, give Notice to the Department that the Provider: (a) has decided to place itself, or has otherwise come under, any one of the forms of external administration, referred to in clause 48.1(b); or (b) is ceasing to carry on business.
Sample 1

Related to External administration

  • External Appeals For appeals of a decision that a prescription drug is not covered because it is not on our formulary, please see the Formulary Exception Process in the Prescription Drug and Diabetic Equipment and Supplies section. When filing a reconsideration or an appeal, please provide the same information listed in the Complaints section above.

  • Internal Accounting Controls The Company and each of its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurance that (i) transactions are executed in accordance with management's general or specific authorizations, (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain asset accountability, (iii) access to assets is permitted only in accordance with management's general or specific authorization and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

  • Safeguards Monitoring and Reporting The Borrower shall do the following or cause the Project Executing Agency to do the following:

  • EXTERNAL SERVICES The Platform may enable access to third-party services and websites and Applications (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. NCR Voyix is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any External Service, including but not limited to financial, and location information, is for general informational purposes only and is not guaranteed by NCR Voyix or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that NCR Voyix is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. NCR Voyix reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

  • Xxxxxxxx-Xxxxx; Internal Accounting Controls The Company and the Subsidiaries are in compliance with any and all applicable requirements of the Xxxxxxxx-Xxxxx Act of 2002 that are effective as of the date hereof, and any and all applicable rules and regulations promulgated by the Commission thereunder that are effective as of the date hereof and as of the Closing Date. The Company and the Subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurance that: (i) transactions are executed in accordance with management’s general or specific authorizations, (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability, (iii) access to assets is permitted only in accordance with management’s general or specific authorization, and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The Company and the Subsidiaries have established disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and the Subsidiaries and designed such disclosure controls and procedures to ensure that information required to be disclosed by the Company in the reports it files or submits under the Exchange Act is recorded, processed, summarized and reported, within the time periods specified in the Commission’s rules and forms. The Company’s certifying officers have evaluated the effectiveness of the disclosure controls and procedures of the Company and the Subsidiaries as of the end of the period covered by the most recently filed periodic report under the Exchange Act (such date, the “Evaluation Date”). The Company presented in its most recently filed periodic report under the Exchange Act the conclusions of the certifying officers about the effectiveness of the disclosure controls and procedures based on their evaluations as of the Evaluation Date. Since the Evaluation Date, there have been no changes in the internal control over financial reporting (as such term is defined in the Exchange Act) of the Company and its Subsidiaries that have materially affected, or is reasonably likely to materially affect, the internal control over financial reporting of the Company and its Subsidiaries.

  • Internal Audit (1) Within ninety (90) days, the Board shall adopt, implement, and thereafter ensure Bank adherence to an independent, internal audit program sufficient to: (a) detect irregularities in the Bank's operations; (b) determine the Bank's level of compliance with all applicable laws, rules and regulations; (c) evaluate the Bank's adherence to established policies and procedures, with particular emphasis directed to the Bank's adherence to its loan policies concerning underwriting standards and problem loan identification and classification; (d) ensure adequate audit coverage in all areas; and (e) establish an annual audit plan using a risk based approach sufficient to achieve these objectives. (2) As part of this audit program, the Board shall evaluate the audit reports of any party providing services to the Bank, and shall assess the impact on the Bank of any audit deficiencies cited in such reports. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (4) The Board shall ensure that the audit function is supported by an adequately staffed department or outside firm, with respect to both the experience level and number of the individuals employed. (5) The Board shall ensure that the audit program is independent. The persons responsible for implementing the internal audit program described above shall report directly to the Board, that shall have the sole power to direct their activities. All reports prepared by the audit staff shall be filed directly with the Board and not through any intervening party. (6) All audit reports shall be in writing. The Board shall ensure that immediate actions are undertaken to remedy deficiencies cited in audit reports, and that auditors maintain a written record describing those actions. (7) The audit staff shall have access to any records necessary for the proper conduct of its activities. National bank examiners shall have access to all reports and work papers of the audit staff and any other parties working on its behalf. (8) Upon adoption, a copy of the internal audit program shall be promptly submitted to the Assistant Deputy Comptroller.

  • Sxxxxxxx-Xxxxx; Internal Accounting Controls The Company and the Subsidiaries are in compliance with any and all applicable requirements of the Sxxxxxxx-Xxxxx Act of 2002 that are effective as of the date hereof, and any and all applicable rules and regulations promulgated by the Commission thereunder that are effective as of the date hereof and as of the Closing Date. The Company and the Subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurance that: (i) transactions are executed in accordance with management’s general or specific authorizations, (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability, (iii) access to assets is permitted only in accordance with management’s general or specific authorization, and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The Company and the Subsidiaries have established disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and the Subsidiaries and designed such disclosure controls and procedures to ensure that information required to be disclosed by the Company in the reports it files or submits under the Exchange Act is recorded, processed, summarized and reported, within the time periods specified in the Commission’s rules and forms. The Company’s certifying officers have evaluated the effectiveness of the disclosure controls and procedures of the Company and the Subsidiaries as of the end of the period covered by the most recently filed periodic report under the Exchange Act (such date, the “Evaluation Date”). The Company presented in its most recently filed periodic report under the Exchange Act the conclusions of the certifying officers about the effectiveness of the disclosure controls and procedures based on their evaluations as of the Evaluation Date. Since the Evaluation Date, there have been no changes in the internal control over financial reporting (as such term is defined in the Exchange Act) of the Company and its Subsidiaries that have materially affected, or is reasonably likely to materially affect, the internal control over financial reporting of the Company and its Subsidiaries.

  • Internal Accounting and Disclosure Controls The Company and each of its Subsidiaries maintains internal control over financial reporting (as such term is defined in Rule 13a-15(f) under the 0000 Xxx) that is effective to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles, including that (i) transactions are executed in accordance with management’s general or specific authorizations, (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain asset and liability accountability, (iii) access to assets or incurrence of liabilities is permitted only in accordance with management’s general or specific authorization and (iv) the recorded accountability for assets and liabilities is compared with the existing assets and liabilities at reasonable intervals and appropriate action is taken with respect to any difference. The Company maintains disclosure controls and procedures (as such term is defined in Rule 13a-15(e) under the 0000 Xxx) that are effective in ensuring that information required to be disclosed by the Company in the reports that it files or submits under the 1934 Act is recorded, processed, summarized and reported, within the time periods specified in the rules and forms of the SEC, including, without limitation, controls and procedures designed to ensure that information required to be disclosed by the Company in the reports that it files or submits under the 1934 Act is accumulated and communicated to the Company’s management, including its principal executive officer or officers and its principal financial officer or officers, as appropriate, to allow timely decisions regarding required disclosure. Neither the Company nor any of its Subsidiaries has received any notice or correspondence from any accountant or other Person relating to any potential material weakness or significant deficiency in any part of the internal controls over financial reporting of the Company or any of its Subsidiaries.

  • Audit Controls a. System Security Review. CONTRACTOR must ensure audit control mechanisms that record and examine system activity are in place. All systems processing and/or storing PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have at least an annual system risk assessment/security review which provides assurance that administrative, physical, and technical controls are functioning effectively and providing adequate levels of protection. Reviews should include vulnerability scanning tools.

  • INTERNAL MAIL The Association shall have access to the district courier service and employee mail boxes, free of charge, for communication to bargaining unit members. The Association office shall be included in the drop off and pick up service. The employer will respect the confidential nature of the content of any such correspondence.

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