Foothill Capital Corp Sample Clauses

Foothill Capital Corp v. Clare’s Food Mkt., Inc. (In re Coupon Clearing Serv., Inc.), 113 F.3d 1091 (9th Cir. 1997).
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Foothill Capital Corp. On the date of signing the Agreement, Tek will provide a guarantee of collection, rather than of payment, to Foot Hill Capital Corp. with respect to $2,000,000 of indebtedness outstanding under the Foot Hill Capital Credit Agreement between DSNC and Foot Hill Capital (the "Guarantee"). The Guarantee will terminate at the earlier of: (i) the Closing of the Merger under the terms of the Agreement; or (ii) in the event that the Agreement is terminated prior to the Closing, at the earlier of (w) the date that the Agreement is terminated by Tek and/or Merger Sub (either being referred to as a "Tek Party"), if terminated by a Tek Party due to a breach of the Agreement by DSNC, including but not limited to a breach of covenant, representation or warranty, or other willful, reckless, or grossly negligent breach of the Agreement by DSNC, (x) fifteen (15) days following the date that the Agreement is terminated by DSNC, if terminated by DSNC due to a breach of the Agreement by a Tek Party, including but not limited to a breach of covenant, representation or warranty, or other willful, reckless, or grossly negligent breach of the Agreement, by any Tek Party, (y) thirty (30) days following the date that the Agreement is terminated by a Tek Party in the event that the Agreement is terminated for any reason not specified in subparagraph (w) above, and (z) the date that the Agreement is terminated by a Tek Party in the event that the Agreement is terminated by DSNC for any reason not specified in subparagraph (x) above.
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Foothill Capital Corp. 37 5.19 Agreement Concerning the Board of Directors.........................37 -ii- ARTICLE VI CONDITIONS OF THE MERGER...........................................37 6.1 Conditions to Obligations of Each Party to Effect the Merger........37 6.2 Additional Conditions to Obligations of DSNC........................38 6.3 Additional Conditions to the Obligations of Tek and Merger Sub......39
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Foothill Capital Corp. Reg. #004284186; collateral: all assets - Reg. #1605053; collateral: unspecified - Reg. #AP285614; collateral: unspecified - Reg. #33190334; collateral: all assets - Reg. #0029360247; collateral: all assets - Reg. #0069574; collateral: all assets - Reg. #2352955; collateral: all assets - Reg. #18102C; collateral: all assets FUTURELINK MICRO VISIONS CORP.
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Related to Foothill Capital Corp

  • Investment Management If and to the extent requested by the Advisor, the Sub-Advisor shall, subject to the supervision of the Advisor, manage all or a portion of the investments of the Portfolio in accordance with the investment objective, policies and limitations provided in the Portfolio's Prospectus or other governing instruments, as amended from time to time, the Investment Company Act of 1940 (the "1940 Act") and rules thereunder, as amended from time to time, and such other limitations as the Trust or Advisor may impose with respect to the Portfolio by notice to the Sub-Advisor. With respect to the portion of the investments of the Portfolio under its management, the Sub-Advisor is authorized to make investment decisions on behalf of the Portfolio with regard to any stock, bond, other security or investment instrument, and to place orders for the purchase and sale of such securities through such broker-dealers as the Sub-Advisor may select. The Sub-Advisor may also be authorized, but only to the extent such duties are delegated in writing by the Advisor, to provide additional investment management services to the Portfolio, including but not limited to services such as managing foreign currency investments, purchasing and selling or writing futures and options contracts, borrowing money or lending securities on behalf of the Portfolio. All investment management and any other activities of the Sub-Advisor shall at all times be subject to the control and direction of the Advisor and the Trust's Board of Trustees.

  • Partnership Capital A. No Partner shall be paid interest on any Capital Contribution to the Partnership or on such Partner's Capital Account, notwithstanding any disproportion therein as between Partners.

  • Asset Management Supplier will: i) maintain an asset inventory of all media and equipment where Accenture Data is stored. Access to such media and equipment will be restricted to authorized Personnel; ii) classify Accenture Data so that it is properly identified and access to it is appropriately restricted; iii) maintain an acceptable use policy with restrictions on printing Accenture Data and procedures for appropriately disposing of printed materials that contain Accenture Data when such data is no longer needed under the Agreement; iv) maintain an appropriate approval process whereby Supplier’s approval is required prior to its Personnel storing Accenture Data on portable devices, remotely accessing Accenture Data, or processing such data outside of Supplier facilities. If remote access is approved, Personnel will use multi-factor authentication, which may include the use of smart cards with certificates, One Time Password (OTP) tokens, and biometrics.

  • Bank Holding Company Borrower is not a “bank holding company” or a direct or indirect subsidiary of a “bank holding company” as defined in the Bank Holding Company Act of 1956, as amended, and Regulation Y thereunder of the Board of Governors of the Federal Reserve System.

  • Wachovia Wachovia Mortgage Corporation, a North Carolina corporation, and its successors and assigns.

  • INVESTMENT MANAGEMENT AGREEMENT Separate written agreements entered into (i) by the Manager and the Master Fund and (ii) by the Manager and the Company, pursuant to which the Manager provides investment management services to the Master Fund.

  • Acquisition Corp Acquisition Corp. is a wholly-owned Delaware subsidiary of Parent that was formed specifically for the purpose of the Merger and that has not conducted any business or acquired any property, and will not conduct any business or acquire any property prior to the Closing Date, except in preparation for and otherwise in connection with the transactions contemplated by the Merger Documents and the other agreements to be made pursuant to or in connection with the Merger Documents.

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