FED. REG. 54487 (AUGUST 22, 2002) (THE "RFC EXEMPTION"), AND THAT IT UNDERSTANDS THAT THERE ARE CERTAIN CONDITIONS TO THE AVAILABILITY OF THE RFC EXEMPTION INCLUDING THAT SUCH CERTIFICATE MUST BE RATED, AT THE TIME OF PURCHASE, NOT LOWER THAN "BBB-" (OR ITS EQUIVALENT) BY STANDARD & POOR'S, FITCH OR XXXXX'X OR (C) (I) THE TRANSFEREE IS AN INSURANCE COMPANY, (II) THE SOURCE OF FUNDS TO BE USED BY IT TO PURCHASE THE CERTIFICATE IS AN "INSURANCE COMPANY GENERAL ACCOUNT" (WITHIN THE MEANING OF U.S. DEPARTMENT OF LABOR PROHIBITED TRANSACTION CLASS EXEMPTION ("PTCE") 95-60), AND (III) THE CONDITIONS SET FORTH IN SECTIONS I AND III OF PTCE 95-60 HAVE BEEN SATISFIED (EACH ENTITY THAT SATISFIES THIS CLAUSE (C), A "COMPLYING INSURANCE COMPANY). IF THIS CERTIFICATE (OR ANY INTEREST HEREIN) IS ACQUIRED OR HELD BY ANY PERSON THAT DOES NOT SATISFY THE CONDITIONS DESCRIBED IN THE PRECEDING PARAGRAPH, THEN THE LAST PRECEDING TRANSFEREE THAT EITHER (I) IS NOT A PLAN INVESTOR, (II) ACQUIRED SUCH CERTIFICATE IN COMPLIANCE WITH THE RFC EXEMPTION, OR (III) IS A COMPLYING INSURANCE COMPANY SHALL BE RESTORED, TO THE EXTENT PERMITTED BY LAW, TO ALL RIGHTS AND OBLIGATIONS AS CERTIFICATE OWNER THEREOF RETROACTIVE TO THE DATE OF SUCH TRANSFER OF THIS CERTIFICATE. THE TRUSTEE SHALL BE UNDER NO LIABILITY TO ANY PERSON FOR MAKING ANY PAYMENTS DUE ON THIS CERTIFICATE TO SUCH PRECEDING TRANSFEREE. ANY PURPORTED CERTIFICATE OWNER WHOSE ACQUISITION OR HOLDING OF THIS CERTIFICATE (OR INTEREST HEREIN) WAS EFFECTED IN VIOLATION OF THE RESTRICTIONS IN SECTION 5.02(e) OF THE POOLING AND SERVICING AGREEMENT SHALL INDEMNIFY AND HOLD HARMLESS THE COMPANY, THE TRUSTEE, THE MASTER SERVICER, ANY SUBSERVICER, AND THE TRUST FUND FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, COSTS OR EXPENSES INCURRED BY SUCH PARTIES AS A RESULT OF SUCH ACQUISITION OR HOLDING. Certificate No. [______]% Pass-Through Rate Class M- Subordinate Aggregate Certificate Principal Balance Date of Pooling and Servicing of the Class M Certificates: Agreement and Cut-off Date: $_______________________ ___________ 1, ____ Initial Certificate Principal First Distribution Date: Balance of this Certificate: _________ 25, ____ $_______________________ Master Servicer: CUSIP: 76110F-___________ Residential Funding Company, LLC Assumed Final Distribution Date: ___________ 25, ____ MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATE, SERIES ____-___ evidencing a percentage interest in any distributions allocable to the Class M-______Certificates...
FED. REG. 67765 (NOVEMBER 13, 2000) AND PTE 2002-41, 67
FED. REG. 67765 (NOVEMBER 13, 2000) (THE "RFC EXEMPTION"), AND THAT IT UNDERSTANDS THAT THERE ARE CERTAIN CONDITIONS TO THE AVAILABILITY OF THE RFC EXEMPTION INCLUDING THAT SUCH CERTIFICATE MUST BE RATED, AT THE TIME OF PURCHASE, NOT LOWER THAN "BBB-" (OR ITS EQUIVALENT) BY STANDARD & POOR'S, FITCH OR MOODY'S OR (C)(X) XXX TRANSFEREE IS AN INSURANCE COMPANY, (II) THE SOURCE OF FUNDS TO BE USED BY IT TO PURCHASE THE CERTIFICATE IS AN "INSURANCE COMPANY GENERAL ACCOUNT" (WITHIN THE MEANING OF U.S. DEPARTMENT OF LABOR PROHIBITED TRANSACTION CLASS EXEMPTION ("PTCE") 95-60), AND (III) THE CONDITIONS SET FORTH IN SECTIONS I AND III OF PTCE 95-60 HAVE BEEN SATISFIED (EACH ENTITY THAT SATISFIES THIS CLAUSE (C), A "COMPLYING INSURANCE COMPANY").
FED. EMPLOYER IDENTIFICATION NO. - (Employer Identification #) COMPLETE THIS SECTION WITH CHECK REMITTANCE ADDRESS AS IT APPEARS ON INVOICES: REMIT TO ADDRESS: STREET / PO BOX: Participation in this section is voluntary. You are not required to complete this section to become a registered vendor. The information below will in no way affect the vendor registration process and its sole purpose is to collect statistical data on those vendors doing business with NCDOT. If you choose to participate, circle the answer that best fits your firm’s group definition. What is your firm’s ethnicity? (Prefer Not To Answer, African American, Native American, Caucasian American, Asian American, Hispanic American, Asian-Indian American, Other: ) What is your firm’s gender? (Prefer Not to Answer,Male, Female) Disabled-Owned Business? (Prefer Not to Answer, Yes, No) Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the IRS that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. person (including a U.S. resident alien). SIGNATURE (Typed or DocuSigned signatures will not be accepted) DATE PHONE NUMBER EMAIL Corporate Status (Check only one.) License Number: __________________ Dated: _______________ ____ Corporation _____ Sole Proprietorship _____Partnership ______LLC Company Name (or name in which it does business if sole proprietorship, partnership, or LLC) __________________________________________________________________________________________ Name and title of person authorized to execute this agreement ________________________________________ Address of Company Name____________________________________________________________________ Business Phone Number_(_____)__________________ 24 Hr./Pager # _____________________ Answering Service Local/Toll Free Number __________________________________________________ Facsimile (Fax) Number___________________ Email Address________________________________ N. C. Corporate ID No. __________________ Federal I.D. No. (EIN) ____________________________ Indicate if other than Large Business: (As defined under Special Interest Gr...
FED. Reg. 21,290 (May 9, 2018) (issued by Commission May 3, 2018).
15. If any Party desires to include, utilize or refer to any Privileged Materials or information derived therefrom in pleadings, testimony or exhibits to the Proceeding in such a manner that might require disclosure of such material to persons other than Reviewing Representatives, such Party shall first notify both counsel for the disclosing Party and the Commission of such desire, identifying with particularity each of the Privileged Materials. Thereafter, use of such Privileged Materials will be governed by procedures determined by the Commission.
16. Nothing in this Agreement shall be construed as precluding any Party fromobjecting to the use of Privileged Materials on any legal grounds.
17. Nothing in this Agreement shall preclude any Party from requesting the Commission or any other body having appropriate authority to find that this Agreement should not apply to all or any materials previously designated as Privileged Materials pursuant to this Agreement. The Commission may alter or amend this Agreement as circumstances warrant at any time during the course of the Proceeding.
18. The Parties may amend this Agreement only by mutual consent and in writing;provided, however, that a Party has the right to seek changes to this Agreement as appropriate from the Commission.
19. All Privileged Materials filed with the Commission or any other judicial or administrative body, in support of, or as a part of, a motion, other pleading, brief, or other document, shall be filed and served under privilege by appropriate means bearing prominent markings indicating that the contents include Privileged Materials subject to this Agreement. Such documents containing CEII shall be additionally marked "Contains Critical Energy/Electric Infrastructure Information—Do Not Release."
20. If the Commission finds at any time in the course of the Proceeding that all or part of the Privileged Materials need not be privileged, those materials shall, nevertheless, be subject to the protection afforded by this Agreement for three (3) business days from the date of issuance of the Commission’s decision, and if the Party seeking protection files an interlocutory appeal or requests that the issue be certified to the Commission, for an additional seven (7) business days. No Party waives its rights to seek additional administrative or judicial remedies after the Commission’s decision respecting Privileged Materials or Reviewing ...
FED. R. CIV. P. 37(b)(2)(A)(vi). Although a default judgment is certainly a severe sanction, it “‘must be available to the District Court in appropriate cases, not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent.’” Xxxxx, Xxxxxx, Xxxxxxx & Xxxxxx, Inc. v. Inmobiliaria Melia de Puerto Rico, Inc., 543 F.2d 3, 6 (2d Cir. 1976) (quoting Nat’l Ct. 2778, 49 L. Ed. 2d 747 (1976)). “In evaluating whether a default judgment is warranted, courts should consider the following factors: (1) the party’s history of noncompliance; (2) whether the party had sufficient time to comply; and (3) whether the party had received notice that further delays would result in dismissal.” Sony BMG Music Entm’t
FED will notify Kodak of any of its inventions made under this Agreement prior to the filing of any patent application based on the such inventions, provide Kodak with a copy of any such application and any issued patent granted thereon, and on request update Kodak as to the status of any such patent application. Each party further agrees to sign documents to vest or maintain title to patents and patent applications in the owner designated in Section 12.3 and to provide reasonable assistance to the other with respect to preparation and prosecution of such patents and patent applications.
FED. FED is an active matrix of CRTs in which each pixel stores analog voltage that controls the electron current to the pixel's phosphor, causing it to emit light. It uses color triads for color generation. The pixel circuits are fabricated in silicon with row and column drivers. Disadvantages include: Lambertian emission hard to magnify efficiently; poor pixel brightness uniformity; high voltage FEDs have problems with flashover, while low voltage FEDs have problems with fast phosphor burn-in; volt drivers are large, impacting miniaturization. Micron Display Technology—Micron makes the most advanced miniature FED display in the industry. It is only suitable for magnified applications. They have a relatively wide operating temperature range (-30 to +80 C). However, the technology limits the minimum pixel size, making high resolution, small devices unlikely. In small displays, pixel uniformity problems have produced grainy images. This problem is exacerbated by the use of color triads. As with AMEL, color production is voltage- dependent making blue a problem. The company pulled back a private placement offering of stock of several million dollars in September 1997. Instead, they have been reabsorbed as a division of their parent company, Micron Technology Inc. In an effort to expand their development program into the volume computer market, they are focusing much of their resources on large FEDs (12" and 17"). Their key customers are military.
FED. REG. 7804), The Rehabilitation Act of 1973, as amended; The Vietnam-Era Veterans' Readjustment Assistance Act of 1974, as amended; Public law 95-507 pertaining to small business and small disadvantaged business; Executive Order 12138 pertaining to women-owned business; and Executive Order 13201 pertaining to employee rights concerning payment of Union dues or Fees, and (iii) represents that neither it nor any of its directors, officers, employeesor, to Seller’s knowledge, agents or any other person acting on its behalf has, directly or indirectly made any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal political contributions, or other payments, in the form of cash, gifts, or otherwise, or taken any other action, in violation of anti-bribery laws (including without limitation, the U.S. Foreign Corrupt Practices Act, 15 U.S.C. § 78 et seq., the UK Bribery Act 2010, and any other similar laws or regulations applicable in the Seller’s country and the Delivery Site country.
FED. Reg. 22,337 (April 13, 2012); and the Enterprise Income Verification System (EIV) (HUD/PIH-5) 71 Fed. Reg. 45,066 (August 8, 2006), which was updated by 74 Fed. Reg. 45,235 (September 1, 2009). The results of the information comparison are maintained within the IMS/PIC system (HUD/PIH.01). Routine Use 6 of the IMS/PIC system of records notice allows HUD to share information with federal, state, and local agencies to verify accuracy, completeness, eligibility, and to identify and recover improper payments. Routine Use 1 of the EIV system of records notice allows HUD to share information with federal, state, and local agencies to verify accuracy, completeness, and eligibility and to identify and recover improper payments. Routine Use 8 of the EIV system of records notice also allows HUD to share information with FEMA to determine eligibility of assistance. Routine Use 1 of the TRACS system of records notice allows HUD to use Routine Use (6) of HUD’s Routine Use Inventory notice, 80 Fed. Reg. 81,837 (December 31, 2015) to disclose records to federal agencies, non-federal entities, their employees, and agents (including contractors, their agents or employees; employees or contractors of the agents or designated agents); or contractors, their employees or agents with whom HUD has a contract, service agreement for the purpose of preventing fraud, waste, and abuse within any federal program. HUD’s Routine Use Inventory notice also contains Routine Use 5 also allows for disclosure to federal, state, and local agencies, their employees, and agents for the purpose of conducting Computer Matching programs.
