Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof, the provisions of the Underwriting Agreement (other than [Section __, Section __, Section __, Section __, Section __ and Section __] thereof) are incorporated herein by reference, mutatis mutandis, and the Company hereby makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.
(b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" shall be deemed to refer to the Remarketing Agent and all references to the "Representative" or the "Representatives" shall be deemed to refer to Xxxxxx Xxxxxxx & Co. Incorporated ("Xxxxxx Xxxxxxx"); (ii) all references therein to the "Units" or "Firm Units" shall be deemed to refer to the Senior Notes as defined herein; (iii) all references therein to the "Time of Delivery" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto; (iv) all references therein to the "Registration Statement", [the "Preliminary Prospectus"] or the "final prospectus" shall be deemed to refer to the Registration Statement[, the preliminary prospectus] and the Prospectus, respectively, as defined herein; (v) all references therein to this "Agreement," the "Underwriting Agreement," "hereof "herein" and all references of similar import, shall be deemed to mean and refer to this Supplemental Remarketing Agreement; (vi) all references therein to "the date hereof," "the date of this Agreement" and all similar references shall be deemed to refer to the date of this Supplemental Remarketing Agreement; (vii) all references therein to any "settlement date" shall be disregarded; and (viii) [other changes].]
Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby.
(b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.
Provisions Incorporated by Reference. This Subcontract includes the appropriate flow-down clauses as required by the Federal Acquisition Regulation and the USAID Acquisition Regulation.
Provisions Incorporated by Reference. The following provisions of the Separation and Distribution Agreement are hereby incorporated herein by reference and shall apply as if fully set forth herein mutatis mutandis: (a) Section 6.3 (Compensation for Providing Information), (b) Section 6.5 (Limitations of Liability); and (c) Section 6.9 (Confidentiality).
Provisions Incorporated by Reference. [incorporate the following text, beginning with paragraph (a), including the specified replacement text for Section 10 of the Underwriting Agreement (as defined below), if the Remarketing Agents have determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this Remarketing:
(a) The entirety of the Underwriting Agreement, dated ________________ (the “Underwriting Agreement”), between NEE, NEE Capital and the representatives of the underwriters (other than the Schedules thereto and Section __, Section __, Section __ and Section __ thereof and Section __(__), Section __(__), and Section __(__) thereof) shall be incorporated by reference into this Agreement and, to the extent they are relevant to a Remarketing of the Subject Debentures, made applicable hereto, except as explicitly amended hereby; provided that (i) the representations and warranties contained in the Underwriting Agreement shall be modified, to the extent necessary and in form and substance reasonably acceptable to the Remarketing Agents, to reflect any changes in the operations and business of NEE and NEE Capital that occurred between the date of the execution of the Remarketing Agreement and the date of the execution of this Agreement, (ii) the following representation shall be added as a representation of both NEE and NEE Capital: “The Remarketing Agreement and this Agreement each constitutes a valid and binding obligation of [NEE] [NEE Capital] enforceable against [NEE] [NEE Capital] in accordance with its terms, except as limited or affected by bankruptcy, insolvency, reorganization, receivership, moratorium, fraudulent conveyance or other laws affecting creditors’ rights and remedies generally and general principles of equity and to concepts of materiality, reasonableness, good faith and fair dealing and the discretion of the court before which any matter is brought and subject to any principles of public policy limiting the rights to enforce the indemnification and exculpation provisions contained in the Remarketing Agreement and this Agreement.” and (ii) the following Section 10 shall replace Section 10 of the Underwriting Agreement in its entirety:
Provisions Incorporated by Reference. The terms of my RSU Award are incorporated herein by reference.
Provisions Incorporated by Reference. Only the following provisions from the 2021 AMPTP/839 Agreement shall be incorporated herein by reference and shall apply to employment under this Agreement: Articles 3, 4A, 4B, 4C, 4E, 4F, 4H, 4I, 5, 6(A, C-G), 6(B) as modified below, 8 (except 8(H)(5) as modified below), 9, 11, 12, 14, 16, 17,19, 20, 21A, 21C, 21D.1, 21D.2, 21D.7, 21F, 21G, 21H, 21I, 21J, 21K, 21N, 26A, 26B, 26C, 26D as modified below, 27, 28, Sideletter L, and Sideletter M as modified below. For holidays not worked, 4% of the employee's annual straight time earnings shall be payable at the completion of the current season. The total amount of salary paid in the period of a calendar year hereunder for recognized holidays not worked shall be offset against an amount equal to 4% of such employee's accumulated earnings within the same period. The employee shall be paid the amount by which such 4% computation exceeds the amount of holiday pay such employee has received for such period.
Provisions Incorporated by Reference. (a) If the Remarketing Agent has determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this remarketing, the entirety of the Underwriting Agreement (other than the Schedules thereto and Sections [1], [5], [6] and [11] thereof and Subsections [7(e)], [7(h)], [8(c)(ii)] and [8(g)] thereof) shall be incorporated by reference into this Agreement and, to the extent they are relevant to a remarketing of the Subject Debentures, made applicable hereto, except as explicitly amended hereby; provided that (i) the following sentence shall be added at the beginning of Section 3(__): "The Remarketing Agreement, as
(ii) the following sentence shall be added at the beginning of Subsection 4(__): "The Remarketing Agreement, as supplemented by the Supplemental Remarketing Agreement, constitutes a valid and binding agreement of FPL Group." and (iii) the following Section [11] shall replace Section [11] of the Underwriting Agreement in its entirety:
Provisions Incorporated by Reference a. The provisions of the United States Code set forth at 18 U.S.C. § 431 (Contracts by Member of Congress) and 41 U.S.C. § 6306 (Prohibition on Members of Congress making contracts with the Federal Government), as such provisions may be revised from time to time, are hereby incorporated in this Agreement by this reference, as if set forth in full.
b. The provisions of subsection 889(a)(1)(b) of the Xxxx X. XxXxxx National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), as such provisions may be revised from time to time, are hereby incorporated in this Agreement by this reference, as if set forth in full. In confirmation thereof, the Donor must provide a Representation Regarding Certain Telecommunications and Video Surveillance Services of Equipment (in the form attached hereto) and abide by a Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Both are attached hereto as Exhibit E and incorporated into this Agreement by reference. With regard to this Section, Xxxxx’s obligations shall not survive Closing or the transfer of the Property to the United States.
Provisions Incorporated by Reference. (FEB 1998)
