Limitations Upon Sample Clauses

Limitations Upon the Authority of the General Partner. (a) The General Partner shall not have any authority to: (i) perform any act in violation of any applicable law or regulation thereunder; (ii) perform any act in violation of the provisions of the Loan Agreements, the Regulatory Agreement or any other Project Documents; (iii) do any act required to be approved or ratified in writing by all Limited Partners under the Act unless the right to do so is expressly otherwise given in this Agreement; (iv) rent apartments in the Apartment Complex such that the Apartment Complex would not meet the requirements of the Rent Restriction Test, the HOME Set-Aside Test or Minimum SetAside Test; or (v) borrow from the Partnership or commingle Partnership funds with funds of any other Person. (b) The General Partner shall not, without the Consent of BCTC 94, have any authority to: (i) sell or otherwise dispose of, at any time, all or substantially all of the assets of the Partnership; (ii) make application(s) for an increase or increases in the First Mortgage Loan or the Second Mortgage Loan if such increase would require an increase in the rental income of the Apartment Complex; (iii) borrow in excess of $10,000 in the aggregate at any one time outstanding on the general credit of the Partnership, except borrowings constituting Subordinated Loans or Credit Recovery Loans; (iv) following Final Closing, construct any new or replacement capital improvements on the Apartment Complex which substantially alter the Apartment Complex or its use or which are at a cost in excess of $10,000 in a single Partnership fiscal year, except (a) replacements and remodeling in the ordinary course of business or under emergency conditions or (b) construction paid for from insurance proceeds; (v) acquire any real property in addition to the Apartment Complex; or (vi) following Final Closing, refinance the First Mortgage Loan or the Second Mortgage Loan. 8.03.
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Limitations Upon. An arbitrator shall not be authorized to alter, modify, amend or add to any part of this Agreement. No personshall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, unless requestedto do so with the agreement of both parties. Each party shall be responsible for an equal share of the fee and expenses of the Arbitrator. At any stage of the grievance or arbitration procedures, the parties may have the assistance of the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring parties, or the Arbitrator, to have access to any part of the Board's premises to view any working conditions which may be relevant to the settlement of the grievance. ARTICLE CASES When an employee is called to a meeting with the Superintendent of Services or designate for the purpose of imposing discipline, the Union will be informed of such meeting before it is held and may have a representative present. Where possible, the Union shall be notified through the Union xxxxxxx for the area, and that xxxxxxx will be the representativepresent at the meeting. An employee claiming to have been discharged without just cause may lodge a grievance if a written statement of such grievance is lodged with the Board's Grievance Committee, or its appointees, within two (2) working days of discharge. Such grievance shall be lodged commencing with Section An additional two (2) working days [four (4) days intotal] shall be grantedwhere an employee has been unable to get in touch with the xxxxxxx. Such special grievance may be settled by confirming the Board's action in dismissing the employee, or by reinstating the employeewith full compensationfor time lost, or by any other arrangementwhich isjust and equitable inthe opinion of the conferring parties or an arbitrator if the matter is submitted to arbitration. The discharged employee shall be given an opportunity to meet privately with a Union xxxxxxx at a time and place designated by the immediate supervisor before the employee is required to leave the premises.
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Limitations Upon. Payment.
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Related to Limitations Upon

  • Limitations Upon Transfer All rights under this Agreement shall belong to you alone and may not be transferred, assigned, pledged, or hypothecated by you in any way (whether by operation of law or otherwise), other than by will or the laws of descent and distribution and shall not be subject to execution, attachment, or similar process. Upon any attempt by you to transfer, assign, pledge, hypothecate, or otherwise dispose of such rights contrary to the provisions in this Agreement or the Plan, or upon the levy of any attachment or similar process upon such rights, such rights shall immediately become null and void.

  • RESTRICTIONS UPON FUNDING The Bank shall have no obligation to set aside, earmark or entrust any fund or money with which to pay its obligations under this Executive Plan. The Executive, their beneficiary(ies), or any successor in interest shall be and remain simply a general creditor of the Bank in the same manner as any other creditor having a general claim for matured and unpaid compensation. The Bank reserves the absolute right, at its sole discretion, to either fund the obligations undertaken by this Executive Plan or to refrain from funding the same and to determine the extent, nature and method of such funding. Should the Bank elect to fund this Executive Plan, in whole or in part, through the purchase of life insurance, mutual funds, disability policies or annuities, the Bank reserves the absolute right, in its sole discretion, to terminate such funding at any time, in whole or in part. At no time shall any Executive be deemed to have any lien nor right, title or interest in or to any specific funding investment or to any assets of the Bank. If the Bank elects to invest in a life insurance, disability or annuity policy upon the life of the Executive, then the Executive shall assist the Bank by freely submitting to a physical exam and supplying such additional information necessary to obtain such insurance or annuities.

  • Actions Upon Termination In the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract. The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract. Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents, writings and other product it has completed to the date of termination, along with copies of all project-related correspondence and similar items. Seattle shall have the same rights to use these materials as if termination had not occurred.

  • Actions Upon Breach Should any Second Priority Representative or any Second Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any other Grantor) or the Borrower may obtain relief against such Second Priority Representative or such Second Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Representatives or any Second Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

  • Rights and Remedies Upon Breach If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

  • Obligations Upon Termination Upon termination of this Agreement, either party shall, at the request of the other party, return any document, material, database, equipment, or software containing the Confidential Information to the other party. If, for any reason, such document, material, database, equipment, or software cannot be returned, either party shall destroy all the Confidential Information belonging to the other party and delete such Confidential Information from any memory devices. No party shall be permitted to continue using the Confidential Information in any way after the termination of this Agreement.

  • Limitations on Termination Except as provided in Section 9.1, neither the Seller nor the Certificateholders shall be entitled to revoke or terminate the Issuer.

  • Conditions Upon Issuance of Shares Notwithstanding any other provision of the Plan or any agreement entered into by the Company pursuant to the Plan, the Company shall not be obligated, and shall have no liability for failure, to issue or deliver any Shares under the Plan unless such issuance or delivery would comply with Applicable Law, with such compliance determined by the Company in consultation with its legal counsel.

  • Limitations upon Participant Rights A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

  • Events Upon Termination (a) If this Agreement is terminated, cancelled or ends for any reason, the Operator shall:

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