Performance Bonds, Etc Sample Clauses

Performance Bonds, Etc. At the Closing, and without limiting Buyer's obligations under Section 5.01, Buyer shall deliver to Parent replacement (or, if the beneficiary thereof will not permit replacement, back-up) performance bonds, payment bonds, bid bonds, letters of credit, guarantees and similar instruments, in an aggregate principal amount and with terms and from banks or other financial institutions or surety companies, in each case reasonably satisfactory to Parent, to replace (or, to the extent required as described above, to collateralize) any performance bonds, payment bonds, bid bonds, letters of credit, guarantees and similar instruments of Seller or Parent or of any of their respective affiliates related to the Tissue Business listed in the Disclosure Schedule with respect to which Seller or Parent or any of their respective affiliates will have any liability after the Closing.
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Performance Bonds, Etc. Schedule 6.05 sets forth a description of each performance bond, payment bond, bid bond, letter of credit, guarantee, and similar instrument of the Company and the Company Subsidiary. At the Closing, Buyer, in its sole discretion, shall, or shall cause the Company or the Company Subsidiary to, either assume or deliver to Seller replacement performance bonds, payment bonds, bid bonds, letters of credit, guaranties, and similar instruments, in an aggregate principal amount and with terms and from banks or other financial institutions or surety companies in each case satisfactory to Seller, to replace (or, to the extent required as described above, to collateralize) any performance bonds, payment bonds, bid bonds, letters of credit, guaranties, and similar instruments of the Company, the Company Subsidiary, or of any affiliate thereof with respect to the Company and the Company Subsidiary (in each case, or portions thereof) remaining outstanding on the Closing Date with respect to which Seller or any affiliate of Seller (other than the Company and the Company Subsidiary) will have any liability after the Closing. In the event that, prior to the Closing Date, Seller does not change the bonds currently deposited with the State of Ohio relating to the Company's and the Company Subsidiary's self-insurance program with the Ohio Bureau of Worker's Compensation, Buyer shall, or shall cause the Company Subsidiary to, assign to Seller these bonds, and, to the extent that these bonds are reflected on the Interim Financial Statements, there shall be a deduction to the Purchase Price paid on the Closing Date. Seller shall cooperate with, and provide reasonable assistance to, Buyer in its efforts to establish a similar self-insurance program for the Company and the Company Subsidiary following the Closing Date.
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Performance Bonds, Etc. (a) Except with respect to that certain performance guarantee of TGPL in favor of Pennzoil Exploration and Production Company and Pennzoil Petroleum Company (collectively, "Pennzoil") pursuant to Section 12 of that certain Purchase and Sale Agreement dated November 23, 1994 among Pennzoil and Ventures (the "Pennzoil Guarantee"), at the Closing, the Buyer shall, or shall cause the Companies to, deliver to the Seller replacement (or, if the beneficiary thereof will not permit replacement, back-up) performance bonds, payment bonds, bid bonds, letters of credit, guaranties (including, without limitation, financial guaranties relating to the leases of real property and/or equipment) and similar instruments, in an aggregate principal amount and with terms and from banks or other financial institutions or surety companies in each case reasonably satisfactory to the Seller, to replace (or, to the extent required as described above, to collateralize) any performance bonds, payment bonds, bid bonds, letters of credit, guaranties and similar instruments of the Seller or of any affiliate thereof with respect to any Company or any Subsidiary (in each case, or portions thereof) remaining outstanding on the Closing Date with respect to which the Seller or any affiliate of the Seller (other than any Company or any Subsidiary) will have any liability after the Closing, including, that certain Guaranty, dated as of May 2, 1996 by TGPL in favor of Bank of America Illinois.
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Performance Bonds, Etc. After the Closing, Purchaser shall use commercially reasonable efforts to replace all bid and performance bonds, guarantees, security arrangements, letters of credit and the like presently in effect (collectively, "Bonds"). Until Purchaser replaces the Bonds, Seller agree to maintain, or cause to be maintained, the Bonds. Purchaser shall indemnify and hold harmless Seller for any liability incurred by Seller in connection with the maintenance of the Bonds if such liability is caused by Purchaser not properly performing the bonded contract.
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Performance Bonds, Etc. Except as set forth in Part 4.30 of the Disclosure Schedule, there are no outstanding performance bonds, standby letters of credit or other similar obligations of the Company in connection with any of the Company Contracts.
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Related to Performance Bonds, Etc

  • Performance Bonds Buyer shall have obtained, or caused to be obtained, in the name of Buyer, replacements for Seller’s and/or Seller’s Affiliates’ bonds, letters of credit and guarantees, and such other bonds, letters of credit and guarantees to the extent required by Section 7.05.

  • Performance Bond (a) The MCO must obtain a performance bond with a one (1) year term. The performance bond must be renewable and renewal must occur no later than the first day of each subsequent State Fiscal Year. The performance bond must continue to be in effect for one (1) year following the expiration of the final renewal period. MCO must obtain and maintain the performance bonds in the form prescribed by HHSC and approved by TDI, naming HHSC as Obligee, securing MCO’s faithful performance of the terms and conditions of this Contract. The performance bonds must comply with Chapter 843 of the Texas Insurance Code and 28 T.A.C. §11.1805. At least one (1) performance bond must be issued. The amount of the performance bond(s) should total $100,000.00 for each MCO Program within each Service Area that the MCO covers under this Contract. Performance bonds must be issued by a surety licensed by TDI, and specify cash payment as the sole remedy. MCO must deliver each renewal prior to the first day of the State Fiscal Year.

  • Corporate Actions, Put Bonds, Called Bonds, Etc Upon receipt of Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar Securities to the issuer or trustee thereof (or to the agent of such issuer or trustee) for the purpose of exercise or sale, provided that the new Securities, cash or other Assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit Securities upon invitations for tenders thereof, provided that the consideration for such Securities is to be paid or delivered to the Custodian, or the tendered Securities are to be returned to the Custodian. Unless otherwise directed to the contrary in Instructions, the Custodian shall comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership of which the Custodian receives notice through data services or publications to which it normally subscribes, and shall promptly notify the appropriate Fund of such action. Each Fund agrees that if it gives an Instruction for the performance of an act on the last permissible date of a period established by the Custodian or any optional offer or on the last permissible date for the performance of such act, the Fund shall hold the Custodian harmless from any adverse consequences in connection with acting upon or failing to act upon such Instructions. If a Fund wishes to receive periodic corporate action notices of exchanges, calls, tenders, redemptions and other similar notices pertaining to Securities and to provide Instructions with respect to such Securities via the internet, the Custodian and such Fund may enter into a Supplement to this Agreement whereby such Fund will be able to participate in the Custodian’s Electronic Corporate Action Notification Service.

  • Performance Bonuses The Executive will be eligible to receive an annual cash bonus at an annualized rate of up to 40% of his base salary, based on the achievement of reasonable individual and Company performance targets to be established by the Company and Parent.

  • Performance Bonus If Employee's employment is terminated by Employee with cause, or by Bank without cause, Employee shall be paid, in addition to the amounts payable under Sections 3.5 and 3.6 of the Agreement: (i) all non-forfeitable deferred compensation, if any; and (ii) unpaid performance bonus payments, if any, payable under Section 4.2 of the Agreement, which shall be declared earned and payable based upon performance up to, and shall be pro-rated as of, the date of termination. Employee shall not be entitled to such unpaid performance bonus payments if Employee's employment is terminated by Bank with cause, or by Employee without cause.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Performance Review The Company will periodically review Executive’s performance on no less than an annual basis and will make adjustments to salary or other compensation, as they deem appropriate in their sole and absolute discretion.

  • Surety Bonds No Trustee, officer, employee or agent of the Trust shall, as such, be obligated to give any bond or surety or other security for the performance of any of his duties, unless required by applicable law or regulation, or unless the Trustees shall otherwise determine in any particular case.

  • Performance Certificates At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president, chief financial officer or treasurer of the Borrower as to the financial performance of the Borrower and its Subsidiaries on a consolidated basis, in substantially the form attached hereto as Exhibit E:

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

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