Obligations of the Proponent Sample Clauses

Obligations of the Proponent. 7.1 The Proponent shall: (a) proceed diligently with the development of the Project; (b) ensure Substantial Completion of the Project is reached by no later than XXXXXXX, or such other date as determined by the Executive Director, Housing Secretariat acting reasonably; (c) comply with all applicable federal, provincial and municipal laws, regulations and by-laws; (d) no later than six (6) months prior to First Occupancy, have an Access Plan approved by the Director, Housing Stability Services; (e) no later than sixty (60) days prior to First Occupancy, have the Proponent's Initial Depth of Affordability Report, in the form of the report attached as Schedule “A”; or in a form designated by the Director, Housing Stability Services, approved by the Director, Housing Stability Services; [NTD: Xxxx, is the initial depth of affordability report still needed, or should it be removed from all CAs and replaced with the Access Plan? We received those instructions for RHI] (f) ensure all Units meet the size requirements of the Affordable Housing Design Guidelines, unless otherwise approved in writing by the Executive Director, Housing Secretariat; (g) provide quarterly reports to the Executive Director, Housing Secretariat, from the date this Agreement is signed until First Occupancy, setting out construction progress, projected date of First Occupancy, and such other information requested or required by the City, acting reasonably; and (h) provide such information, within ten (10) days of such written request, with respect to the Project, such as construction progress, projected date of First Occupancy, as requested or required by the City, acting reasonably, from time to time.
Sample 1
Obligations of the Proponent. 7.1 The Proponent shall: (a) proceed diligently with the construction and operation of the Project and, in any event, no later than six (6) months from the commencement date of the Lease; (b) ensure Substantial Performance of the Project is reached by no later than [to be determined], or such other date as determined by the Executive Director, acting reasonably; (c) comply with all applicable federal, provincial and municipal laws, regulations and by-laws; (d) no later than six (6) months prior to First Occupancy, provide the Director with an Access Plan for review and approval; (e) no later than sixty (60) days prior to First Occupancy, provide the Director, with the Proponent's Depth of Affordability Report, in the form of the report attached as Schedule “A”; or in a form designated by the Director; (f) notify the City of any potential increase in the capital budget that is likely to exceed fifteen (15%) of the current capital budget, together with an updated capital budget and cash flow projection, and documentation substantiating the potential increase, satisfactory to the Executive Director, within thirty (30) days of the date the Proponent becomes aware that such an increase may be possible; (g) provide such information, within ten (10) days of such request, with respect to the Project, such as construction progress, projected date of First Occupancy, as requested or required by the City, acting reasonably, from time to time.
Sample 1
Obligations of the Proponent. (1) Make payments equal to ………….per centum out of the Aggregate earnings in each financial year towards community development projects; (2) The Proponent and the Committee shall in joint consultation source, evaluate and select service providers ( or as the case may be) in accordance with the Proponent’s Procurement Policies taking into account local content; (3) Ensure timely disbursement of amounts required to be set aside by it and paid for projects to be implemented under this Agreement, with any final payments to service providers (or as the case may be) to be paid only on recommendation of the Committee (unless such recommendation is to be provided after the payment deadline under the relevant contract); (4) Maintain clear and up-to-date records of all disbursements made by the Proponent for projects under this Agreement; (5) Provide an annual report to the Committee setting out the Proponent’s annual aggregate earnings for the applicable financial year in accordance with this Agreement; and (6) Prepare annual implementation reports for the Community project.
Sample 1
Obligations of the Proponent. 7.1 The Proponent shall: (a) proceed diligently with the development of the Project; (b) ensure Substantial Completion of the Project is reached by no later than XXXXXXX, or such other date as determined by the Executive Director, Housing Secretariat acting reasonably; (c) comply with all applicable federal, provincial and municipal laws, regulations and by-laws; (d) no later than six (6) months prior to First Occupancy, have an Access Plan approved by the Executive Director, Housing Secretariat; (e) no later than sixty (60) days prior to First Occupancy, have the Proponent's Initial Occupancy Report, in the form of the report attached as Schedule “A”; or in a form designated by the Director, Housing Stability Services, approved by the Director, Housing Stability Services; (f) provide such information, within ten (10) days of such request, with respect to the Project, such as construction progress, projected date of First Occupancy, as requested or required by the City, acting reasonably, from time to time.
Sample 1
Obligations of the Proponent. DURING THE AFFORDABILITY PERIOD (a) manage the Project so that the Monthly Occupancy Costs for the Project are maintained at or below the Average Market Rents by Room type for the Affordability Period; (b) provide, annually, on the anniversary of the last advance to the Escrow Agent an Annual Occupancy Report in the form of the report attached hereto as Schedule "F" (c) in any year the Proponent shall not increase the Monthly Occupancy Costs by more than the lower of any Average Market Rent increase, as a result of the CMHC Annual Rental Market Survey, if applicable and the annual rent increase guideline established pursuant to the Residential Tenancies Act, 2006, S.O. 2006, c.17 or any successor legislation to an amount not to exceed the Average Market Rent; (d) operate and maintain the Project described in Article 3, in accordance with the terms and conditions of this Agreement and in a good state of repair fit for occupancy, in a manner to maximize occupancy and as a prudent owner would do; (e) meet all of its obligations under the Residential Tenancies Act, 2006; (f) not rent a Room in the Project to a shareholder or director of the Proponent, or any individual not at arm’s length to the Proponent, shareholder or director of the Proponent unless the Proponent is a non-profit co-operative as defined in the Co-operative Corporations Act, R.S.O. 1990, c. C.35, as amended, or is a not-for-profit corporation; (g) provide representatives of the City with access to its books, records, and to the Project, subject to any rights of the residential tenants; (i) upon the expiry of the Affordability Period, upon a Room becoming vacant, the Proponent may rent a Room to a new tenant at any Monthly Occupancy Cost mutually agreed; and (j) comply with the former City of Toronto Municipal Code, Chapter 285, Rooming Houses, as amended, or the former City of Etobicoke Municipal Code, Chapter 166, Lodging- Houses, as amended, where applicable.
Sample 1
Obligations of the Proponent 
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Related to Obligations of the Proponent

  • Obligations of the Purchaser (a) The Purchaser shall furnish in writing to the Company such information regarding itself, the Registrable Securities or Additional Registrable Securities, as applicable, held by it and the intended method of disposition of the Registrable Securities or Additional Registrable Securities, as applicable, held by it, as shall be required by the 1933 Act to effect the registration of such Registrable Securities or Additional Registrable Securities, as applicable, and shall execute such documents in connection with such registration as the Company may reasonably request. At least ten (10) Business Days prior to the first anticipated filing date of any Registration Statement (or such shorter period as may be agreed to by the Purchaser), the Company shall notify the Purchaser of the information the Company requires from the Purchaser if the Purchaser's Registrable Securities or Additional Registrable Securities are to be included in the Registration Statement. (b) The Purchaser, by its acceptance of the Registrable Securities and Additional Registrable Securities, if any, agrees to cooperate with the Company as reasonably requested by the Company in connection with the preparation and filing of a Registration Statement hereunder, unless the Purchaser has notified the Company in writing of its election to exclude all of its Registrable Securities or Additional Registrable Securities, as applicable, from the Registration Statement. (c) If the Purchaser determines to engage the services of an underwriter, which underwriter is reasonably acceptable to the Company, the Purchaser agrees to enter into and perform its obligations under an underwriting agreement, in usual and customary form, including, without limitation, customary indemnification and contribution obligations, with the managing underwriter of such offering and take such other actions as are reasonably required in order to expedite or facilitate the dispositions of the Registrable Securities or Additional Registrable Securities, as applicable. (d) The Purchaser agrees that, upon receipt of any notice from the Company of the happening of any event rendering a Registration Statement no longer effective or available for use by the Purchaser, the Purchaser will immediately discontinue disposition of Registrable Securities or Additional Registrable Securities pursuant to the Registration Statement covering such Registrable Securities or Additional Registrable Securities, until the Purchaser's receipt of the copies of the supplemented or amended Prospectus filed with the SEC and declared effective and, if so directed by the Company, the Purchaser shall deliver to the Company (at the expense of the Company) or destroy all copies in the Purchaser's possession of the Prospectus covering the Registrable Securities or Additional Registrable Securities, as applicable, current at the time of receipt of such notice. (e) The Purchaser may participate in any third party underwritten registration hereunder unless it (i) agrees to sell the Registrable Securities or Additional Registrable Securities, as applicable, on the basis provided in any underwriting arrangements in usual and customary form entered into by the Purchaser, (ii) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements, and (iii) agrees to pay its pro rata share of all underwriting discounts and commissions and any expenses in excess of those payable by the Company pursuant to the terms of this Agreement.

  • Obligations of the Purchasers (a) Each Purchaser shall furnish in writing to the Company such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it, as shall be reasonably required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request. At least five (5) Business Days prior to the first anticipated filing date of any Registration Statement, the Company shall notify each Purchaser of the information the Company requires from such Purchaser if such Purchaser elects to have any of its Registrable Securities included in the Registration Statement. A Purchaser shall provide such information to the Company at least two (2) Business Days prior to the first anticipated filing date of such Registration Statement if such Purchaser elects to have any of its Registrable Securities included in the Registration Statement. (b) Each Purchaser, by its acceptance of the Registrable Securities agrees to cooperate with the Company as reasonably requested by the Company in connection with the preparation and filing of a Registration Statement hereunder, unless such Purchaser has notified the Company in writing of its election to exclude all of its Registrable Securities from such Registration Statement. (c) Each Purchaser agrees that, upon receipt of any notice from the Company of either (i) the commencement of an Allowed Delay pursuant to Section 2.1(b) or (ii) the happening of an event pursuant to Section 2.4(d) and Section 2.4(e) hereof, such Purchaser will immediately discontinue disposition of Registrable Securities pursuant to the Registration Statement covering such Registrable Securities, until the Purchaser is advised by the Company that such dispositions may again be made.

  • Obligations of the Parties Clause 8

  • OBLIGATIONS OF THE BUYER a. The Buyer has furnished to the Company in Exhibit B hereto such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it as required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request. The Company shall notify the Buyer in writing of any other information the Company reasonably requires from the Buyer in connection with any Registration Statement hereunder. The Buyer will as promptly as practicable notify the Company of any material change in the information set forth in Exhibit B, other than changes in its ownership of the Common Stock. b. The Buyer agrees to cooperate with the Company as reasonably requested by the Company in connection with the preparation and filing of any amendments and supplements to any Registration Statement hereunder. c. The Buyer agrees that, upon receipt of any notice from the Company of the happening of any event or existence of facts of the kind described in Section 3(f) or any notice of the kind described in the first sentence of Section 3(e), the Buyer will immediately discontinue disposition of Registrable Securities pursuant to any registration statement(s) covering such Registrable Securities until the Buyer’s receipt (which may be accomplished through electronic delivery) of the copies of the filed supplemented or amended registration statement and/or prospectus contemplated by Section 3(f) or the first sentence of Section 3(e). In addition, upon receipt of any notice from the Company of the kind described in the first sentence of Section 3(e), the Buyer will immediately discontinue purchases or sales of any securities of the Company unless such purchases or sales are in compliance with applicable U.S. securities laws. Notwithstanding anything to the contrary, the Company shall cause its Transfer Agent to deliver as promptly as practicable shares of Common Stock without any restrictive legend in accordance with the terms of the Purchase Agreement in connection with any sale of Registrable Securities with respect to which the Buyer has received a Purchase Notice or VWAP Purchase Notice (both as defined in the Purchase Agreement) prior to the Buyer’s receipt of a notice from the Company of the happening of any event of the kind described in Section 3(f) or the first sentence of Section 3(e) and for which the Buyer has not yet settled.

  • Conditions of the Obligations of the Placement Agent The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

  • Obligations of the Borrower 13 Section 3.01.

  • Obligations of the Processor 3.1 The Processor undertakes to carry out Data Processing exclusively on the basis of documented instructions from the Controller. If the Processor considers an instruction of the Controller to be unlawful, the Processor shall be entitled to suspend the implementation of the relevant instruction until it is confirmed or amended by the Controller. 3.2 The Processor shall be obliged to treat confidentially any personal data of which it becomes aware in connection with the Data Processing. The Processor shall impose a confidentiality obligation on all persons authorized by it to process the data, unless they are already subject to a statutory duty of confidentiality. The obligation of confidentiality and non-disclosure shall continue to apply after termination of this DPA. 3.3 The Processor shall take all necessary technical and organizational measures within the meaning of Art. 32 of the GDPR. These technical and organizational measures are data security measures to ensure a level of protection appropriate to the risk with regard to confidentiality, integrity, availability and the resilience of the systems. They shall take into account the state of the art, the costs of implementation and the nature, scope and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. The technical and organizational measures taken by the Processor are available at xxxxx://xxxx.xx/en/legal in the current version. 3.4 The Processor shall, where possible, support the Controller with appropriate technical and organizational measures to enable the Controller to comply with the data subject rights under Chapter III of the GDPR within the legal time limits and shall provide the Controller with the necessary information to do so upon the Controller's request, provided that the Processor has such information. If a subject submits a request to the Processor to exercise the data subject rights, the Processor shall be obliged to forward the request to the Controller if the request relates to Data Processing by the Controller. 3.5 The Processor shall support the Controller in the performance of the obligations incumbent upon the Controller pursuant to Art. 32 to 36 of the GDPR, which shall include, but not be limited to, the implementation of security measures, the notification of data protection breaches and, where applicable, the preparation of a data protection impact assessment. 3.6 The Processor shall delete the personal data of the Data Processing after the expiry of the retention periods provided for in the Main Agreement and/or without delay at the request of the Controller. If the Controller expressly requests this, the personal data shall be returned to the Party. Statutory retention periods remain unaffected by this. 3.7 The Processor is obliged to provide the Controller with information at the latter's request in order to demonstrate compliance with the obligations pursuant to Art. 28 of the GDPR. The Processor shall support the Controller in verifying the Data Processing and shall grant the Controller access to the documents and technical systems necessary for verifying the Data Processing in accordance with Section 5 of this DPA. 3.8 To the extent permitted by law, the Processor shall inform the Controller about control actions and measures taken by the supervisory authorities insofar as they relate to the Controller's Data Processing operations.

  • Obligations of the Holders (a) Each Holder shall furnish in writing to the Company such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it as shall be reasonably required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request in connection therewith. Upon the execution of this Agreement, each Holder shall complete, execute and deliver to the Company a selling securityholder notice and questionnaire in form reasonably satisfactory to the Company. At least five (5) Business Days prior to the first anticipated filing date of any registration statement, the Company shall notify each Holder of any additional information the Company requires from such Holder if such Holder elects to have any of the Registrable Securities included in such registration statement. A Holder shall provide such information to the Company at least two (2) Business Days prior to the first anticipated filing date of such Registration Statement. Each holder agrees that, in connection with any sale of Registrable Securities by it pursuant to a registration statement, it shall comply with the “Plan of Distribution” section of the then current prospectus relating to such registration statement. (b) Each Holder, by its acceptance of the Registrable Securities, agrees to cooperate with the Company as reasonably requested by the Company in connection with the preparation and filing of the Mandatory Registration Statement hereunder, unless such Holder has notified the Company in writing of its election to exclude all of its Registrable Securities from the Mandatory Registration Statement. (c) Each Holder covenants and agrees that it shall comply with the prospectus delivery requirements of the Securities Act as applicable to it in connection with sales of Registrable Securities pursuant to the Mandatory Registration Statement (including any related prospectus) and any amendment or supplement thereto.

  • Conditions to Obligations of the Purchaser The obligations of the Purchaser to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or written waiver, at or prior to the Closing, of each of the following conditions:

  • Conditions to the Obligations of the Purchaser The obligations of the Purchaser to purchase any Notes will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company in Section 1 of this Agreement as of the date of the Terms Agreement and as of the Closing Date for such Notes, to the performance and observance in all material respects by the Company of all covenants and agreements herein contained on its part to be performed and observed and to satisfaction of the following additional conditions precedent in all material respects: (a) No stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceedings for that purpose shall have been instituted or threatened; (b) To the extent agreed to between the Company and the Purchaser in a Terms Agreement and except to the extent modified by such Terms Agreement, the Purchaser shall have received, appropriately updated, (i) a certificate of the Company, dated as of the Closing Date, to the effect set forth in Section 5(d) (except that (i) such certificate shall also relate to the Time of Sale Prospectus and (ii) references to the Prospectus shall be to the Prospectus as supplemented at the time of execution of the Terms Agreement), (ii) the opinion of counsel for the Company, dated as of the Closing Date, to the effect set forth in Section 5(b), (iii) the opinion of Xxxxx Xxxxx LLP, counsel for the Purchaser, dated as of the Closing Date, to the effect set forth in Section 5(c), and (iv) letter of the Company’s registered independent public accountants, dated as of the Time of Sale and Closing Date, to the effect set forth in Section 5(e); and (c) Prior to the Closing Date, the Company shall have furnished to the Purchaser such further information, certificates and documents as the Purchaser may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement and an applicable Terms Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement or such Terms Agreement and required to be delivered to the Purchaser pursuant to the terms hereof and thereof shall not be in all material respects reasonably satisfactory in form and substance to the Purchaser and its counsel, such Terms Agreement and all obligations of the Purchaser thereunder and with respect to the Notes subject thereto may be canceled at, or at any time prior to, the respective Closing Date by the Purchaser. Notice of such cancellation shall be given to the Company in writing or by telephone or telegraph confirmed in writing.

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