Powers Exercisable Only on Prior Agreement with the Manager Sample Clauses

Powers Exercisable Only on Prior Agreement with the Manager. The Trustee may pursuant to a separate written agreement between the Manager and the Agent Xxxxxx, participate in a securities lending program (which shall qualify as a “securities lending arrangement” as defined in the Tax Act) sponsored and administered by the Agent Lender (collectively, the “Program”) and, in connection therewith, the Trustee is authorized to release and deliver securities and return collateral received for loaned securities in accordance with the provisions of the Program. With respect to the Xxxxxxxx, Xxxxx & North Canadian Money Market Fund, Xxxxxxxx, Xxxxx & North Balanced Pension Trust, Xxxxxxxx, Xxxxx & North $U.S. Money Market Fund, Xxxxxxxx, Xxxxx & North Balanced Fund, Xxxxxxxx, Xxxxx & North Institutional S.T.I.F., Xxxxxxxx, Xxxxx & North High Yield Bond Fund, Xxxxxxxx, Xxxxx & North High Grade Corporate Bond Fund, Xxxxxxxx, Xxxxx & North Investment Grade Corporate Bond Trust, Xxxxxxxx, Xxxxx & North Mortgage Pension Trust, Xxxxxxxx, Xxxxx & North Long Mortgage Pension Trust, Xxxxxxxx, Xxxxx & North Long Investment Grade Corporate Bond Trust, Xxxxxxxx, Xxxxx & North Currency-Hedged U.S. Equity Fund, Xxxxxxxx, Xxxxx & North Currency-Hedged Overseas Equity Fund and Xxxxxxxx, Xxxxx & North PRisM Balanced Fund, the Manager shall not implement a Program for a Fund until after the Manager has provided all unitholders of the Fund six months prior written notice of its intention to implement a Program. The requirement to provide notice to unitholders does not apply in respect of a Fund that discloses its intention to participate in a Program from the Fund’s inception.
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Powers Exercisable Only on Prior Agreement with the Manager. The Trustee may pursuant to a separate written agreement between the Manager and the Agent Xxxxxx, participate in a securities lending program (which shall qualify as a “securities lending arrangement” as defined in the Tax Act) sponsored and administered by the Agent Lender (collectively, the “Program”) and, in connection therewith, the Trustee is authorized to release and deliver securities and return collateral received for loaned securities in accordance with the provisions of the Program. With respect to the Funds other than the Xxxxxxxx, Xxxxx & North Monthly Income Fund, Xxxxxxxx, Xxxxx & North Canadian Equity Value Fund, Xxxxxxxx, Xxxxx & North Overseas Equity Fund, Xxxxxxxx, Xxxxx & North Overseas Equity Pension Trust, Xxxxxxxx, Xxxxx & North Global Equity Fund, Xxxxxxxx, Xxxxx & North Community Values Global Equity Fund, Xxxxxxxx, Xxxxx & North Community Values Balanced Fund, Xxxxxxxx, Xxxxx & North Foreign Bond Fund, Xxxxxxxx, Xxxxx & North Long Mortgage Pension Trust, Xxxxxxxx, Xxxxx & North Mortgage Pension Trust, Xxxxxxxx, Xxxxx & North PRisM Balanced Fund, Xxxxxxxx, Xxxxx & North LifeTime 2015 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2020 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2025 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2030 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2035 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2040 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2045 Fund, Xxxxxxxx, Xxxxx & North LifeTime 2050 Fund, Xxxxxxxx, Xxxxx & North Canadian Equity Underlying Fund, Xxxxxxxx, Xxxxx & North Canadian Equity Underlying Fund II, Xxxxxxxx, Xxxxx & North Short Inflation-linked Bond Fund, Xxxxxxxx, Xxxxx & North Long Inflation- linked Bond Fund, Xxxxxxxx, Xxxxx & North PRisM – Mid, Xxxxxxxx, Xxxxx & North PRisM – Short, Xxxxxxxx, Xxxxx & North PRisM – Long, Phillips, Xxxxx & North U.S. Multi-Style All-Cap Equity Fund, Xxxxxxxx, Xxxxx & North Inflation-Linked Fund and Xxxxxxxx, Xxxxx & North Institutional Gold & Precious Metals Fund, the Manager shall not implement a Program for a Fund until after the Manager has provided all unitholders of the Fund six months prior written notice of its intention to implement a Program. The requirement to provide notice to unitholders does not apply in respect of a Fund that discloses its intention to participate in a Program from the Fund’s inception.
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Powers Exercisable Only on Prior Agreement with the Manager. The Trustee may pursuant to a separate written agreement between the Manager and the Agent Xxxxxx, participate in a securities lending program (which shall qualify as a “securities lending arrangement” as defined in the Tax Act), and a repurchase and reverse repurchase program, all sponsored and administered by the Agent Lender (collectively, the “Program”) and, in connection therewith, the Trustee is authorized to release and deliver securities and return collateral received for loaned securities in accordance with the provisions of the Program. With respect to the Funds other than the Xxxxxxxx, Xxxxx & North Monthly Income Fund, Xxxxxxxx, Xxxxx & North Canadian Equity Value Fund, Xxxxxxxx, Xxxxx & North Overseas Equity Fund, Xxxxxxxx, Xxxxx & North Overseas Equity Pension Trust, Xxxxxxxx, Xxxxx & North Global Equity Fund and Xxxxxxxx, Xxxxx & North Community Values Global Equity Fund, the Manager shall not implement a Program for a Fund until after the Manager has provided all unitholders of the Fund six months prior written notice of its intention to implement a Program. The requirement to provide notice to unitholders in respect of a Fund that discloses its intention to participate in a Program from the Fund’s inception.
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Related to Powers Exercisable Only on Prior Agreement with the Manager

  • Assignment Without Prior Consent If the Interconnection Agreement between the Wholesale Market Participant and the Transmission Owner, as referenced in section 3.1.4 herein, provides that such Interconnection Agreement may be assigned, and such Interconnection Agreement was assigned, then the Wholesale Market Participant may assign its rights or delegate its duties under this WMPA without the Transmission Owner’s or Transmission Provider’s prior consent to any Affiliate or person that purchases or otherwise acquires, directly or indirectly, all of the Participant Facility, provided that prior to the effective date of any such assignment: (1) the assignee shall demonstrate that, as of the effective date of the assignment, the assignee has the technical and operational competence to comply with the requirements of this WMPA; and (2) in writing to the Transmission Owner and Transmission Provider, assignee assumes all rights, duties, and obligations of Wholesale Market Participant arising under this WMPA. However, any assignment described herein shall not relieve or discharge the Wholesale Market Participant from any of its obligations hereunder absent the written consent of the Transmission Provider, such consent not to be unreasonably withheld, conditioned or delayed.

  • Termination of Prior Agreements The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

  • ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, deleted, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto.

  • WHOLE AND ONLY AGREEMENT 34.1 The Parties hereby confirm that this Agreement constitutes the whole and only agreement between them with regard to the subject matter of this Agreement.

  • Continuing Agreement This Credit Agreement shall be a continuing agreement and shall remain in full force and effect until all Credit Party Obligations (other than those obligations that expressly survive the termination of this Credit Agreement) have been paid in full and all Commitments and Letters of Credit have been terminated. Upon termination, the Credit Parties shall have no further obligations (other than those obligations that expressly survive the termination of this Credit Agreement) under the Credit Documents and the Administrative Agent shall, at the request and expense of the Borrower, deliver all the Collateral in its possession to the Borrower and release all Liens on the Collateral; provided that should any payment, in whole or in part, of the Credit Party Obligations be rescinded or otherwise required to be restored or returned by the Administrative Agent or any Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, then the Credit Documents shall automatically be reinstated and all Liens of the Administrative Agent shall reattach to the Collateral and all amounts required to be restored or returned and all costs and expenses incurred by the Administrative Agent or any Lender in connection therewith shall be deemed included as part of the Credit Party Obligations.

  • Obligation to Notify Owner of Existing Hazardous Materials The Contractor shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Site of which it becomes aware. If the Contractor encounters Hazardous Materials on the Site the Contractor shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the Hazardous Materials; (iv) not proceed, or allow any subcontractor or supplier to proceed, with any Work or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The Contractor shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to Section 5, Part 2 of these General Conditions in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Site for which the Contractor is not responsible.

  • Entirety of Contract The Contract is the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, bids, offers, counteroffers and understandings of the parties, whether written or oral. The Contract has been entered into after full investigation, neither party relying upon any statement or representation by the other unless such statement or representation is specifically embodied in the Contract.

  • Waivers and Supplemental Agreements with Consent of Holders With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall:

  • Complete Disposal Upon Termination of Service Agreement Upon Termination of the Service Agreement Provider shall dispose or delete all Student Data obtained under the Service Agreement. Prior to disposition of the data, Provider shall notify LEA in writing of its option to transfer data to a separate account, pursuant to Article II, section 3, above. In no event shall Provider dispose of data pursuant to this provision unless and until Provider has received affirmative written confirmation from LEA that data will not be transferred to a separate account.

  • Acknowledgement of Services and Responsibility of the Manager The Resident acknowledges that neither the Manager nor the Institution stands in loco parentis with respect to the Resident. The Residence provides living accommodations for independent students who are to be responsible and accountable for their personal needs and their interactions with their fellow residents as opposed to residential care. The Manager is responsible for the maintenance and operation of the residence. The Manager, in consultation with the Institution, may from time to time, in its sole and unfettered discretion, establish and/or amend policies, protocols and guidelines to uphold and ensure compliance with the standards set forth by the Manager, all of which will constitute part of the Residence Community Living Standards or Institution Code of Conduct, as appropriate. The Resident hereby acknowledges and agrees that they are solely responsible for their compliance with / review of such policies, protocols and guidelines (as may be created, amended, revised or restated by the Manager) found at xxx.xxxxxxxxxxxxxxxxx.xx.

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