Order of Transactions. The parties hereto acknowledge and agree that, notwithstanding anything herein to the contrary, for purposes of this Agreement and the documents, certificates, opinions and deliverables given in connection with the transactions contemplated hereby, the execution and delivery of the Financing Documents, the issuance and sale of the Notes, the repayment of the Existing Indebtedness and the transfer by Harbor Hydro Holdings, LLC of the Equity Interests in the Company to the Pledgor shall be deemed to have occurred simultaneously such that all documents to be authorized, executed and delivered by the Company may be authorized by the Pledgor as its sole member regardless of the actual time when executed. If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Company, whereupon this Agreement shall become a binding agreement between you and the Company. Very truly yours, SENECA GENERATION, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer This Agreement is hereby accepted and agreed to as of the date hereof. AMERICAN GENERAL LIFE INSURANCE COMPANY THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK THE VARIABLE ANNUITY LIFE INSURANCE COMPANY AMERICAN HOME ASSURANCE COMPANY LEXINGTON INSURANCE COMPANY, as Initial Purchasers By: AIG Asset Management (U.S.), LLC, as Investment Adviser By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Managing Director This Agreement is hereby accepted and agreed to as of the date hereof. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, as an Initial Purchaser By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Assistant Treasurer This Agreement is hereby accepted and agreed to as of the date hereof. ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, as an Initial Purchaser By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory This Agreement is hereby accepted and agreed to as of the date hereof. The Bank of New York Mellon, as Trustee, pursuant to the Trust Agreement among Allstate Life Insurance Company, as Grantor, Lincoln Benefit Life Company, as Beneficiary, and The Bank of New York Mellon, as Trustee, as an Initial Purchaser By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Vice President This Agreement is hereby accepted and agreed to as of the date hereof. COBANK, ACB, as an Initial Purchaser By: /s/ Xxxxxxx Xxx Name: Xxxxxx...
Order of Transactions. The transactions provided for in --------------------- Articles I, II and III of this Agreement shall be completed in the following order:
(a) First, the transactions provided for in Article I shall be completed;
(b) Second, the transactions provided for in Article III shall be completed; and
(c) Third, the transactions provided for in Article II shall be completed.
Order of Transactions. Checks and other debits are presented against your Account by posting transactions according to a processing schedule of transaction files received from external sources. The schedule is derived from the anticipated time files are received for checks, ACH and debit card transactions. For ACH and Electronic Check processing, credit transactions are posted first throughout the day followed by debit transactions, regardless of the dollar amount of the item. The timing of files received for processing can affect whether an item is paid or returned unpaid and the amount of overdraft fees charged to your Account. In the event you do not have sufficient funds in your Available Balance to clear an item, the Credit Union will reprocess the items presented at the end of the day for additional attempts to pay the item for same day and/or next day processing. In the meantime, other transactions will continue to process and post.
Order of Transactions. The Parties intend that the transactions set forth in Section 2.1 shall take place in the order in which such transactions are listed. However, in order to facilitate the consummation of the transactions contemplated by this Agreement, the Parties may deliver documents or payments required to be made under this Agreement to another Party prior to the time that such documents or payments are required to be delivered in accordance with the order of the transactions set forth in Section 2.1. Any Party that receives a document or payment prior to the time it is required to be delivered in accordance with the order set forth in Section 2.1 shall hold such document or payment in escrow until the applicable transaction takes place in accordance with such order (at which time such document or payment shall be deemed to be released from escrow and delivered in accordance with the terms of this Agreement).
Order of Transactions. 5.1. Transactions in the System are made on the basis of Orders placed by Users and in accordance with the conditions defined by the Parties based on the preliminary conditions of the paid alienation of rights for the Tools. In this, the Service, under no circumstances, is a party to Transactions. All Transactions are concluded between Users in the Service information mediation.
5.2. The service charges Users a commission when conducting Transactions. The sum of the commission is determined on the basis of Tariffs.
5.3. To place an Order, the User needs to replenish the Account with the amount needed for the Tools, specified in the Order to be placed and to fill the "Exchange" page depending on the Order type — a special form provided for each type of Order specified in section 6 of the Agreement.
5.4. The User's Order is registered in the System after checking the availability of a sufficient number of Tools in the Account. The Service controls whether Users have the possibility to enter into Transactions and, thus, it increases the trust of Users to each other and reduces the risk of User’s obligations non-execution under the Transactions. The System does not register an Order if the amount of Tools at the Account is not enough to execute the Transaction on the placed Order.
5.5. The User may not place more than 20 (twenty) Orders within one day. The System does not register Orders in excess of the specified number.
5.6. The Order can be withdrawn by the User until its full execution.
5.7. The published Order is available to all Users until its execution or until the revocation of this Order. The published Order is the User’s Offer to conclude a Transaction.
5.8. A transaction on a placed Order is concluded if the System registers a counter Order placed by another User. Counter Orders are Orders with the same type of exchange and the exchange Rate, but the opposite direction.
5.9. At the same time, registration of counter Orders by the System is recognized by Users as the acceptance of Orders. The Order is recognized as executed from the moment the System registered the counter Order.
5.10. The Order can be executed partly. The System will place a new Order in the amount of the outstanding balance on the originally placed Order.
5.11. Execution of the Transaction takes place by transferring Tools specified in counter Orders to the Account. The transfer of the specified Tools is made automatically by the System. In this case, the actions of the System are...
Order of Transactions. The purchases of the New Shares by the Buyers hereunder shall be deemed to occur concurrently with the transactions set forth in the Xxxxxxx Agreement, including but not limited to the purchase and redemption by the Company of certain Shares held by the Seller.
Order of Transactions. Except as described in this section, our general procedure is to present transactions received throughout the day against your Account in the order of arrival, regardless of the dollar amount or type of transaction. Deposits and other credit transactions are allocated to the Available Balance in your Account prior to debit transactions. The order of transaction processing can affect the Available Balance in your Account used by us to determine whether you have sufficient funds to cover a debit transaction. For this reason, the order of transaction processing can affect our decision to pay or return an item and charge an associated Courtesy Pay Fee or Insufficient Funds Fee, respectively to your Account. Debit transaction refers to any item presented for payment against your Account, including merchants that present items previously returned unpaid. External payments (i.e., checks and ACH items received through the banking system) are presented according to our processing schedule derived based on the anticipated time of arrival. For the purposes of this section, external payments do not include debit card purchases and ATM withdrawals. When more than one transaction is presented from a group of transactions, the items will be initially presented in the order of arrival sequence within that group of transactions. It is important to understand that even though a transaction was approved, it may still overdraw your Account even if the Available Balance in your Account was sufficient at the time the debit transaction was initiated. In the event that a debit transaction posts to your Account without sufficient funds in your Available Balance, a fee may be assessed even if this debit transaction was initiated when sufficient funds were available in your Account. During the end of day processing, we will consider positive changes to the Available Balance to avoid Courtesy Pay Fees or Insufficient Funds Fees. The Credit Union’s determination of an insufficient Account balance for the purpose of assessing fees will be made at any time during end of day processing.
Order of Transactions. The order of transaction processing can affect the Available Balance in your Account used by us to determine whether you have sufficient funds to cover a transaction. This means the order of transaction processing can affect our decision to pay or return an item and charge an associated Courtesy Pay Fee or Insufficient Funds Fee, respectively to your Account. Except as described in this section, our general procedure is to present transactions received throughout the day against your Account in the order of arrival, regardless of the dollar amount or type of transaction. Deposits or other credit transactions are allocated to the Available Balance in your Account prior to debit transactions. Payments received from an external financial institution (items) are presented according to our processing schedule derived based on the anticipated time of arrival. When more than one transaction is presented from a group of transactions, the items will be initially presented in the order of arrival sequence within that group of transactions. If you do not have sufficient funds in the Available Balance in your Account to cover a transaction initially presented during the day, we will represent the rejected item during end of day processing prior to returning the item. This internal representment will not affect our decision to charge a fee for the item, but rather, is used solely for pay-decisioning purposes. In the meantime, we will continue to present other transactions against your Account.
Order of Transactions. Section 1.1 Transactions Described in Articles II through V. The Parties agree that it is their intent that the order of the transactions described in Articles II-V below shall occur and be effective on or before September 1, 2002 in the following sequence:
(a) First, on or prior to the effective date of this Agreement, SCHI shall have formed Triad-ARMC and Abilene Hospital in the manner described in Article II below; and Quorum shall have formed Abilene Merger in the manner described in Article II below.
(b) Second, on or prior to the effective date of this Agreement, SCHI and Triad-ARMC shall have formed ARMC LP, in the manner described in Article III below.
(c) Third, effective as of 12:01 a.m. on September 1, 2002, SCHI shall contribute the assets and liabilities of ARMC to ARMC LP, and Triad-ARMC shall contribute cash to ARMC LP, in the manner described in Article IV below.
(d) Fourth, effective as of 12:01 a.m. on September 1, 2002, SCHI shall contribute its limited partner interest in ARMC LP to Abilene Hospital in the manner described in Article V below.
Section 1.2 Transactions Described in Articles VI and VII. The Parties agree that it is their intent that the transactions described in Articles VI and VII below shall occur and be effective as of December 31, 2002:
(a) First, effective as of December 31, 2002, SCHI shall merge with and into Abilene Merger in the manner described in Article VI below.
(b) Second, effective as of December 31, 2002 SCHI shall contribute all of the capital stock of QHG to Quorum in the manner described in Article VII below.
Order of Transactions. See Section 8 – Withdrawals from Your Account.
