NOVATION CONFIRMATIONS Sample Clauses

NOVATION CONFIRMATIONS. As soon as practicable after an agreement to novate has been entered into in accordance with Section 5.1 of this Annex, Party B (itself or the Manager on its behalf) and the Manager must issue to Party A a Novation Confirmation. Upon receipt of a Novation Confirmation, Party A must promptly either: (a) confirm the accuracy of the Novation Confirmation by counter-signing and returning that Novation Confirmation to the Manager; or (b) request the correction of that Novation Confirmation. SCHEDULE TO THE MASTER NOVATION ANNEX NOVATION CONFIRMATION [Date] TO: [ ] ("PARTY A") FROM: [PERPETUAL TRUSTEES AUSTRALIA LIMITED, ABN 86 000 000 000] ("PARTY B") AND MACQUARIE SECURITISATION LIMITED, ABN 16 003 297 336 NOVATION CONFIRMATION The parties refer to the ISDA Master Agreement dated [ ] made between Party A, the Manager and Party B (the "AGREEMENT"). Unless the context indicates a contrary intention, terms defined in the Agreement have the same meaning where used in this Novation Confirmation. For the purposes of this Novation Confirmation: (a) a reference to the Relevant Selling Sub-Fund is a reference to [Name of Sub-Fund]; (b) a reference to the Relevant Purchasing Sub-Fund is a reference to [Name of Sub-Fund]; and (c) a reference to the Novation Date is a reference to [Insert Date]. The parties hereby confirm and agree that as of the Novation Date each of the Transactions (the "NOVATED TRANSACTIONS") referred to in the Schedule to this Novation Confirmation is novated from the Relevant Selling Sub-Fund to the Relevant Purchasing Sub-Fund in accordance with the terms of the Master Novation Annex. SCHEDULE NOVATED TRANSACTIONS [SERIAL NO. TRADE DATE FACILITY NO. NOTIONAL AMOUNT FIXED SWAP RATE CURRENT FLOATING RATE] [Aggregate Notional Amount: Aggregate Fixed Swap Rate (being a weighted average calculated by reference to the Notional Amount of each Novated Transaction): ] This Novation Confirmation supplements and forms part of the Master Agreement. 28 Confirmed as of the date first above written. FOR AND ON BEHALF OF THE MANAGER AS ATTORNEY FOR PARTY B: ...................................... .................................. (Authorised Officer) (Authorised Officer) FOR AND ON BEHALF OF THE MANAGER: ...................................... ................................... (Authorised Officer) (Authorised Officer) FOR AND ON BEHALF OF PARTY A: ...................................... ................................... (Authorised Officer) (Authorised Officer)
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NOVATION CONFIRMATIONS. As soon as practicable after a Novation Confirmation prepared in accordance with Section 5.1 of this Annex has been delivered by Party C to Party A and Party B, Party A must soon as reasonably practicable either (in its absolute discretion): (a) accept the Novation Confirmation by confirming the accuracy of the Novation Confirmation by counter-signing and returning that Novation Confirmation to Party C; or
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NOVATION CONFIRMATIONS. As soon as practicable after a Novation Confirmation prepared in accordance with Section 5.1 of this Annex has been delivered by Party C to Party A and Party B, Party A must soon as reasonably practicable either (in its absolute discretion): (a) accept the Novation Confirmation by confirming the accuracy of the Novation Confirmation by counter-signing and returning that Novation Confirmation to Party C; or (b) request the correction of that Novation Confirmation and upon receipt of a corrected Novation Confirmation accept that corrected Novation Confirmation in the manner contemplated by Section 5.2(a) of this Master Novation Annex; (c) reject the novation request constricted by the delivery of the Novation Confirmation.
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Related to NOVATION CONFIRMATIONS

  • Reaffirmation and Confirmation Borrower hereby ratifies, affirms, acknowledges and agrees that the Credit Agreement and the other Loan Documents to which it is a party represent the valid, enforceable and collectible obligations of Borrower, and further acknowledges that there are no existing claims, defenses, personal or otherwise, or rights of setoff whatsoever with respect to the Credit Agreement or any other Loan Document. Borrower hereby agrees that this Amendment in no way acts as a release or relinquishment of the Liens and rights securing payments of the Obligations. The Liens and rights securing payment of the Obligations are hereby ratified and confirmed by Borrower in all respects.

  • Ratification and Confirmation Except as specifically amended herein, the Note Agreement shall remain in full force and effect, and is hereby ratified and confirmed.

  • ACKNOWLEDGEMENT AND CONFIRMATION Each party to this Amendment hereby confirms and agrees that, after giving effect to this Amendment and the amendments contemplated hereby, and except as expressly modified hereby, the Credit Agreement and the other Credit Documents to which it is a party remain in full force and effect and enforceable against such party in accordance with their respective terms and shall not be discharged, diminished, limited or otherwise affected in any respect.

  • Ratification and Confirmation of Agreement In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Confirmation of Agreement Except as amended hereby, the Custody Agreement is in full force and effect and as so amended is hereby ratified, approved and confirmed by the Customer and the Bank in all respects.

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 21, 2011 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • Warranty Affirmations Assurances and Certifications 12 5.1 WARRANTY 12 5.2 General Affirmations 12 5.3 Federal Assurances 12 5.4 Federal Certifications 12 5.5 State Assurances 12 ARTICLE VI. Intellectual Property 13

  • Agreement Modifications No waiver, alteration or modification of any of the provisions of this Construction Services Agreement shall be binding upon either District or Contractor unless the same shall be in writing and signed by both District and Contractor.

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