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OPERATIVE FACTS Sample Clauses

OPERATIVE FACTS. 25 1. In September 2014, plaintiffs purchased a used vehicle for personal, family or 26 household purposes from a car dealership in Inglewood, California pursuant to a conditional sale 27 contract, as defined and regulated by the Xxxx-Xxxxxxxx Automobile Sales Finance Act, Cal. Civ. 28 Code §§ 2981, et seq. (“Xxxx-Xxxxxxxx Act”). The dealership assigned plaintiffs’ contract to ACA. 1 2. On or about August 29, 2019, ACA repossessed plaintiffs’ vehicle based on an 2 alleged payment default under their contract. On September 5, 2019, ACA, from its headquarters 3 in South Carolina, mailed a Notice of Intention to Dispose of Motor Vehicle (“Statutory Notice”) 4 to plaintiffs, a copy of which is attached hereto as Exhibit 1. 5 3. The Xxxx-Xxxxxxxx Act imposes mandatory and strict requirements upon holders of 6 contracts, such as ACA, following repossession or voluntary surrender of vehicles. In particular, 7 the Xxxx-Xxxxxxxx Act requires holders to issue a detailed written notice of intention to dispose of
OPERATIVE FACTSThis Agreement (hereafter referred to as the "Lease") is made with respect to the following salient facts and definitions:
OPERATIVE FACTS. A. On June 29, 2001, the Board of Directors of PTP hired Sullivan as the President of PTP, and on the same date Sullivan and PTX xxxxxxd into an Executive Employment Agreement (the "XXXXXXXXNT AGREEMENT"); B. On June 29, 2001, PTP executed a Term Note for the benefit of Sullivan, in the original principal amount of $339,870.29 (the "TERM NXXX"); C. On June 29, 2001, PTP, Sullivan and Nextgen entered into a Reorganization Agreement and Plan xx Xxxxxr (the "MERGER AGREEMENT"), and an Escrow Agreement (the "ESCROW AGREEMENT"), Voting Agreement (the "VOTING AGREEMENT"), and Registration Rights Agreement (the "REGISTRATION RIGHTS AGREEMENT") in connection therewith. D. Sullivan's employment relationship with PTP has been terminated, anx xxxxxxxx xxve arisen among Sullivan, PTP and Nextgen concerning their respective rights and obligxxxxxx xnder the Employment Agreement, the Term Note, and the Merger Agreement; E. In exchange for the consideration exchanged below, the receipt and sufficiency of which are hereby acknowledged, PTP and Nextgen, on the one side, and Sullivan on the other side, agree and covenant as follows:
OPERATIVE FACTS. A. On July 10, 2003, HSOA acquired 1,000 shares of common stock (the "CTRS Shares"), constituting 100% of the outstanding stock, of Central Texas Residential Services, Inc., a Texas corporation ("CTRS"), from Hxxxxxx and HOLDCO (together, the "Shareholders"), pursuant to a Stock Purchase Agreement and Plan of Reorganization dated July 10, 2004 (the "SPA") B. On July 10, 2003, HSOA and the Shareholders also entered into an Escrow Agreement (so called herein), HSOA and each Shareholder entered into a Registration Rights Agreement (so called herein), and CTRS and Hxxxxxx entered into an Executive Employment Agreement (so called herein); C. In exchange for the CTRS Shares of CTRS, Hxxxxxx received 250,000 shares of the common stock, $.001 par value ("Common Stock"), of HSOA (the "Hxxxxxx Shares"), and HOLDCO received 600,000 shares of Common Stock (the "HOLDCO Shares");
OPERATIVE FACTS. This Lease is made with respect to the following facts and definitions: 1.1. Date of Lease: October 20, 1989.
OPERATIVE FACTS. Port and Concessionaire entered into a Terminal Automobile Parking Concessions Agreement effective February 1, 2019 that was later amended on May 5, 2020, hereinafter referred to as “Agreement”. Because of the business and travel interruptions resulting from the COVID-19 pandemic, Concessionaire’s business has been adversely impacted. One of the fundamental purposes of the Port is the encouragement of economic activity and business development. The Port has reviewed the financial conditions and is aware of the decrease in airline enplanements and deplanements which has substantially reduced the Concessionaire’s revenue and has determined that a deferral of Minimum Annual Guarantee and contract rent aligned with its public purpose, especially considering this unusual circumstance.

Related to OPERATIVE FACTS

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the ISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Class Year Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

  • IDENTITY OF THE PROPERTY 11.1 The Purchaser shall admit the identity of the Property with that described in the Proclamation of Sale and such other documents offered by the Assignee/Bank as the title to the Property by a comparison of the description in the Proclamation of Sale and the aforesaid documents. 11.2 Any error, misstatement, omission or misdescription of the Property in the Proclamation of Sale and the documents referred to in paragraph 11.1 above shall not annul the sale, nor shall any compensation be allowed therefor.

  • Existence, Properties, Etc (a) The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined below); and (b) the Company shall not do, or cause to be done, any act impairing the Company's corporate power or authority (i) to carry on the Company's business as now conducted, and (ii) to execute or deliver this Agreement or any other document delivered in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Secured Party to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purpose of this Agreement, the term "Material Adverse Effect" shall mean any material and adverse affect as determined by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) the Company's assets, business, operations, properties or condition, financial or otherwise; (b) the Company's to make payment as and when due of all or any part of the Obligations; or (c) the Pledged Property.

  • HUSBAND’S PROPERTY It is declared by the Husband to be the owner of the following assets and property:

  • PARTICULARS OF SUBJECT PROPERTY TITLE : The subsidiary title for the subject property has yet to be issued. MASTER LAND TITLE NO : NT 023219329 & NT 023126338 DISTRICT/STATE : Papar / Sabah TENURE : Perpetuity FLOOR AREA : 112.5 square metres (1,211 square feet) DEVELOPER/VENDOR : Teo Development Sdn Bhd (725157-A) REGISTERED OWNER : Xxx Xxxxx Xxx @ Xxxxx ASSIGNOR : Xxxxx Xxx Xxx ENCUMBRANCES : Assigned to RHB Bank Berhad [196501000373 (6171-M)] The subject property is located within Kimanis Industrial Park, Off Xxxxx Xxxxx - Xxxxxxx, 00000 Xxxxx, Xxxxx. The subject property is a 2-storey corner industrial building identified as Lot No.23, 2-Storey Corner, Kimanis Industrial Park and bearing postal address at Xxx Xx. 00, 0-Xxxxxx Xxxxxx, Kimanis Industrial Park, Off Xxxxx Xxxxx – Xxxxxxxx, 00000 Xxxxx, Xxxxx. The subject property will be sold “as is where is basis” and subject to a reserve price of RM 267,900.00 ( RINGGIT MALAYSIA: TWO HUNDRED SIXTY SEVEN THOUSAND AND NINE HUNDRED ONLY ) subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to consent being obtained by the successful bidder(“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulation and covenants which were and may be imposed by the relevant authority. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne solely by the successful bidder (“the Purchaser”). Online bidders are further subject to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx All intending bidders are required to deposit 10% of the fixed reserve price by bank draft/ cashier’s order only in favour of RHB Bank Berhad prior to the auction sale with the under mentioned Auctioneer and the balance of the purchase price is to be settled within ninety (90) days from the date of auction to RHB Bank Berhad via XXXXXX. Details of payment via XXXXXX please liaise with Messrs Xxxx Xxxxxx Xxxx & Xxxx. For further particulars, please contact MESSRS XXXX XXXXXX XXXX & XXXX, Solicitors for Assignee herein whose address is at Xxx 0 & 0, Xxxxx 0, Xxxxx Xxxxxxx Xxxxx Xxxxxxxx, X. X. Box 80805 87018 Federal Territory of Labuan. Tel: 000-000000 / Fax: 000-000000. [Ref: L-MW/III/U- 2(118)(KL)/JTCL/cyh] or under mentioned Auctioneer. Dalam menjalankan xxx xxx kuasa xxxx diberi kepada Pihak Pemegang Serah xxx xxx di bawah Perjanjian Kemudahan, Surat Ikatan Penyerahan Hak (Penyerahan Hak Pihak Pertama) xxx Surat Kuasa Wakil (Pihak Pertama) kesemuanya bertarikh 15hb April 2013 di antara Pihak Pemegang Serah Xxx xxx Pihak Penyerah Xxx xxx dalam Perjanjian Jual Beli antara Pihak Penyerah Hak xxx Xxx Development Sdn Bhd (“Pemaju”) xxx Xxx Tiong Hoe @ Xxxxx (“Tuantanah”) bertarikh 19hb November 2012, adalah dengan ini diisytiharkan bahawa Pihak Pemegang Xxxxx xxx dengan dibantu oleh Xxxxxxxx yang tersebut di bawah.

  • Access to Property, Property’s Management, Property Lender, and Property Tenants Potential Investor agrees to not seek to gain access to any non-public areas of the Property or communicate with Property’s management employees, the holder of any financing encumbering the Property, the Property’s tenants, and the Owner’s partners in the ownership of the Property, without the prior consent of Owner or JLL, which consent may be withheld in the Owner’s sole discretion.

  • Calculations Respecting Mortgage Loans Calculations required to be made pursuant to this Agreement with respect to any Mortgage Loan in the Trust Fund shall be made based upon current information as to the terms of the Mortgage Loans and reports of payments received from the Mortgagor on such Mortgage Loans and payments to be made to the Securities Administrator as supplied to the Securities Administrator by the Master Servicer. The Securities Administrator shall not be required to recompute, verify or recalculate the information supplied to it by the Master Servicer or any Servicer.

  • PARTICULARS OF PROPERTY Strata Title has not been issued.

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

  • Mortgaged Property Undamaged The Mortgaged Property is undamaged by waste, fire, earthquake or earth movement, windstorm, flood, tornado or other casualty so as to affect adversely the value of the Mortgaged Property as security for the Mortgage Loan or the use for which the premises were intended;