Privacy and Security Commitments Sample Clauses

Privacy and Security Commitments. Except as set forth on Section 2.15 of the Seller Disclosure Schedule, with respect to all privacy and security commitments for personally identifiable information or payment card information associated with the Company’s or any Subsidiary’s customers (including the Australian Privacy Act and other applicable Laws, agreements, terms and conditions, privacy policies, and privacy certification license agreements applicable to such information) (the “Commitments”): (i) the Company and each Subsidiary is in material compliance with the Commitments; (ii) neither the Company nor any Subsidiary has received written inquiries from the Federal Trade Commission or any other Governmental Authority regarding the Commitments; (iii) the Commitments have not been rejected by any applicable certification organization which has reviewed such Commitments or to which any such Commitments have been submitted; (iv) no applicable certification organization has provided written notice to the Company that such organization has found the Company or any Subsidiary to be out of compliance with such Commitments; (v) electronic mail distribution lists have been scrubbed prior to the date hereof to remove email addresses associated with individuals who have opted out of receiving commercial electronic mail messages; and (vi) to the Knowledge of the Seller, there have been no security breaches with respect to any of its products or related data resulting in unauthorized access to or acquisition of such information.
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Privacy and Security Commitments. With respect to all Personally Identifiable Information or other information protected by Law obtained by the Company, and all agreements, terms, conditions and privacy certification license agreements applicable to such Personally Identifiable Information (collectively, the “Privacy Commitments”): (a) the Company is in material compliance with the Privacy Commitments; (b) the Company has not received written inquiry from any Governmental Entity regarding the Privacy Commitments; (c) if applicable, the Privacy Commitments have not been rejected by any applicable certification organization that has reviewed the Privacy Commitments or to which any of the Privacy Commitments have been submitted; (d) no applicable certification organization has found the Company to be out of compliance with the Privacy Commitments; and (e) to the Company’s knowledge, there have been no security breaches with respect to any of the Company’s products or related data resulting in unauthorized access to or acquisition of any Personally Identifiable Information.
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Privacy and Security Commitments. (a) With respect to all privacy and security commitments for Personally Identifiable Information (as defined below) or payment card information associated with the Company’s or any Subsidiary’s customers (including applicable Laws, agreements, terms and conditions, privacy policies, and privacy certification license agreements applicable to such information) (the “Commitments”): (i) the Company and each Subsidiary is in compliance with the Commitments; (ii) neither the Company nor any Subsidiary has received written inquiries from any Governmental Authority regarding the Commitments; (iii) no applicable certification organization has provided written notice to the Company that such organization has found the Company or any Subsidiary to be out of compliance with such Commitments; and (iv) to the Knowledge of Sellers, there have been no security breaches with respect to any of its products or related data resulting in unauthorized access to or acquisition of such information.
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Privacy and Security Commitments. With respect to all Personally Identifiable Information or other information protected by applicable Legal Requirements (including, without limitation, HIPAA or equivalent Legal Requirements applicable in Canada or any other jurisdiction in which the Company or any of its Subsidiaries does business as of the date hereof), obtained by the Company or any of its Subsidiaries in the conduct of the Business, and all agreements, terms and conditions and privacy certification license agreements applicable to such Personally Identifiable Information (collectively, the “Privacy Commitments”): (a) the Company and each of its Subsidiaries is in material compliance with the Privacy Commitments; (b) all Privacy Commitments adopted by the Company or any of its Subsidiaries are in compliance with all Legal Requirements; (c) neither the Company nor any of its Subsidiaries has received written inquiries from any Governmental Body regarding the Privacy Commitments; (d) there are no pending or, to the Knowledge of the Company, threatened Legal Proceedings regarding the Privacy Commitments or compliance with the Privacy Commitments; (e) if applicable, the Privacy Commitments have not been rejected by any applicable certification organization which has reviewed the Privacy Commitments or to which any of the Privacy Commitments have been submitted; (f) no applicable certification organization has found the Company or any of its Subsidiaries to be out of compliance with the Privacy Commitments; and (g) to the Company’s Knowledge, there have been no security breaches with respect to any of the Company’s or its Subsidiaries’ products or related data resulting in unauthorized access to or acquisition of any Personally Identifiable Information. The Company and each of its Subsidiaries has at all times complied in all respects with the rules applicable to the Company or any of its Subsidiaries to the extent any of them constitute a “Business Associate,” as defined by HIPAA, and the terms of all “Business Associate Agreements” any of the Company or any of it Subsidiaries has executed with any “Covered Entity,” each as defined and described by HIPAA.
Sample 1
Privacy and Security Commitments. With respect to all privacy and security commitments for Personally Identifiable Information or protected payment card information associated with Seller’s customers (including applicable Laws, agreements, terms and conditions and privacy certification license agreements applicable to such information) (collectively, the “Commitments”): (i) Seller is in compliance with the Commitments; (ii) Seller has not received inquiries from the Federal Trade Commission or any other Governmental Authority regarding the Commitments; (iii) there are no pending or, to the Knowledge of Seller, Shareholder or Parent, threatened Actions or Proceedings regarding the Commitments or compliance with the Commitments; (iv) the Commitments have not been rejected by any applicable certification organization which has reviewed the Commitments or to which any of the Commitments have been submitted; (v) no applicable certification organization has found the Seller to be out of compliance with the Commitments; (vi) neither the transactions contemplated hereunder nor the resulting transfers of Personally Identifiable Information will constitute violations of the Commitments; (vii) the transactions contemplated hereunder may be effected in accordance with the Commitments in the manner as agreed by the parties; (viii) electronic mail distribution lists have been scrubbed prior to the date hereof to remove email addresses associated with individuals who have opted out of receiving commercial electronic mail messages; and (ix) there have been no security breaches with respect to any of its products or related data resulting in unauthorized access to or acquisition of such information.
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Related to Privacy and Security Commitments

  • Commitment to Issue Letters of Credit (a) Subject to the terms and conditions hereof, upon the execution and delivery by the Borrower of a letter of credit application on the L/C Issuer’s customary form (a “Letter of Credit Application”), the L/C Issuer on behalf of the Revolving Credit Lenders and in reliance upon the agreement of the Revolving Credit Lenders set forth in this §4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby letters of credit (individually, a “Letter of Credit”), in such form as may be requested from time to time by the Borrower, and agreed to by the L/C Issuer; provided, however, that, after giving effect to such request, (i) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed the Letter of Credit Sublimit at any time, (ii) the sum of the outstanding principal amount of the Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, plus the outstanding amount of Swing Line Loans shall not exceed the lesser of (x) the Total Commitment at such time and (y) the Borrowing Base at such time. Each request by the Borrower for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Borrower that the issuance or amendment so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrower may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit issued for the account of the Borrower or such Subsidiary that have expired or that have been drawn upon and reimbursed.

  • The Letter of Credit Commitments (i) Subject to the terms and conditions set forth herein, (A)(1) each Dollar L/C Issuer agrees, in reliance upon the agreements of the other Dollar Revolving Credit Lenders set forth in this Section 2.03, (x) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue Dollar Letters of Credit for the account of the Parent Borrower (provided that any Dollar Letter of Credit may be for the benefit of any Subsidiary of the Parent Borrower) and to amend or renew Dollar Letters of Credit previously issued by it, in accordance with Section 2.03(b), and (y) to honor drawings under the Dollar Letters of Credit and (2) the Dollar Revolving Credit Lenders severally agree to participate in Dollar Letters of Credit issued pursuant to this Section 2.03 and (B)(1) each Alternative Currency L/C Issuer agrees, in reliance upon the agreements of the other Alternative Currency Revolving Credit Lenders set forth in this Section 2.03, (x) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue Alternative Currency Letters of Credit denominated in Dollars or in an Alternative Currency for the account of the Parent Borrower or any Foreign Subsidiary Revolving Borrower (provided that any Alternative Currency Letter of Credit may be for the benefit of any Subsidiary of the Parent Borrower or any Foreign Subsidiary Revolving Borrower) and to amend or renew Alternative Currency Letters of Credit previously issued by it, in accordance with Section 2.03(b), and (y) to honor drawings under the Alternative Currency Letters of Credit and (2) the Alternative Currency Revolving Credit Lenders severally agree to participate in Alternative Currency Letters of Credit issued pursuant to this Section 2.03; provided that L/C Issuers shall not be obligated to make L/C Credit Extensions with respect to Letters of Credit, and Lenders shall not be obligated to participate in Letters of Credit if, as of the date of the applicable (I) Dollar Letter of Credit, (x) the Dollar Revolving Credit Exposure of any Lender would exceed such Lender’s Dollar Revolving Credit Commitment or (y) the Outstanding Amount of all Dollar L/C Obligations would exceed the Dollar L/C Sublimit and (II) Alternative Currency Letter of Credit, (x) the Alternative Currency Revolving Credit Exposure of any Lender would exceed such Lender’s Alternative Currency Revolving Credit Commitment or (y) the Outstanding Amount of all Alternative Currency L/C Obligations would exceed the Alternative Currency L/C Sublimit; provided further that no Letter of Credit shall be issued by any L/C Issuer the stated amount of which, when added to the Outstanding Amount of L/C Credit Extensions with respect to such L/C Issuer, would exceed the applicable Specified L/C Sublimit of such L/C Issuer then in effect. Each request by the Parent Borrower for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Parent Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Parent Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Parent Borrower may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

  • Conditions Precedent to Loans and Letters of Credit 57 Section 3.1. Conditions to Effectiveness 57 Section 3.2. Conditions to Each Credit Event 60 Section 3.3. Delivery of Documents 60

  • CONDITIONS TO LOANS AND LETTERS OF CREDIT The obligations of Lenders to make Loans and the issuance of Letters of Credit hereunder are subject to the satisfaction of the following conditions.

  • Use of Letters of Credit The Letters of Credit shall be available (and each Borrower agrees that it shall use such Letters of Credit) for general corporate purposes of Holdings and its Subsidiaries.

  • Loan and Security Agreement Performance of all obligations of Borrower (as such term is defined in the Loan and Security Agreement, and hereafter used with such meaning) under the terms of the Loan and Security Agreement, any of the Guaranty Agreements or Security Documents referred to in the Loan and Security Agreement, and any other loan agreement, tri-party financing agreement or other agreement between Grantor and Beneficiary, GNI and any other parties pertaining to the use of the proceeds of the Notes."

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