Pursuant to Sections. 4.01 and 4.02, any amounts collected by the Master Servicer, under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with this Agreement) shall be deposited into the Master Servicer Collection Account, subject to withdrawal pursuant to Sections 4.02 and 4.03. Any cost incurred by the Master Servicer or any Servicers in maintaining any such insurance if the Mortgagor defaults in its obligation to do so shall be added to the amount owing under the Mortgage Loan where the terms of the Mortgage Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Sections 4.02 and 4.03.
Pursuant to Sections. 5.2 and 5.3 of the IDTA, the parties agree that the following information is relevant to Tables 1 – 4 of the IDTA and that by changing the format and content of the Tables neither party intends to reduce the Appropriate Safeguards (as defined in the IDTA).
Pursuant to Sections. 9.01(a)(1) of the Indenture, Section 1.03(b) of the Indenture is hereby removed and replaced in its entirety to provide as follows:
Pursuant to Sections. 4.3 of the Partnership Agreement, effective as of the applicable issuance date of any issuance of shares of Series B Preferred Stock by the General Partner, the Partnership will issue Series B Preferred Units to the General Partner in an amount that will be reflected on Exhibit A to the Partnership Agreement, as such Exhibit A may be amended or restated by the General Partner in its sole discretion from time to time to the extent necessary to reflect such issuances, but in no event shall the aggregate number of Series B Preferred Units issued pursuant to this Amendment exceed [●] or such greater number of shares of Series B Preferred Stock as may be hereafter authorized for issuance by the General Partner. The Series B Preferred Units have been created and are being issued in conjunction with the General Partner’s issuance and sale of the Series B Preferred Stock, and as such, the Series B Preferred Units are intended to have designations, preferences and other rights and terms that are substantially the same as those of the Series B Preferred Stock, all such that the economic interests of the Series B Preferred Units and the Series B Preferred Stock are substantially similar, and the provisions, terms and conditions of this Amendment, including without limitation the attached Annex B, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B Preferred Units, the General Partner has contributed to the Partnership the net proceeds from its issuance and sale of the Series B Preferred Stock (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).
Pursuant to Sections. 8.1(I) and 10.1 of the Gas Agreement, the City hereby requests and authorizes the Gas Producer to install, from time to time, certain City Additions to Landfill Gas System. The City agrees to pay to the Gas Producer all reasonable costs incurred by the Gas Producer and approved in advance by the City for the installation of any such City Addition to Landfill Gas System, provided, however, that the Gas Producer shall have no obligation to incur costs of installation which exceed $2,500,000 in the aggregate in July 2010 dollars (the "Cost Ceiling"). For the purposes of this Agreement, "reasonable costs incurred by the Gas Producer" include all costs incurred in connection with the installation of any such City Addition to Landfill Gas System, as well as costs incurred by the Gas Producer or its Affiliates in arranging for and/or obtaining financing of any such costs, and any direct or indirect costs of the Gas Producer or its Affiliates, including overhead, or any third party costs associated with any such design and installation (“City Directed Costs"). All such City Directed Costs shall be clearly delineated in a written proposal from the Gas Producer to be based on the City’s request and provided to the City for its advance evaluation as stipulated in Section 8.1(I) of the Gas Agreement. The Gas Producer shall not incur any City Directed Costs nor shall it proceed with the installation of any City Additions to Landfill Gas System pursuant to this Agreement prior to the issuance by the City of a Notice to Proceed with respect to such installation. The Notice to Proceed shall describe, in detail, such City Additions to Landfill Gas System to be installed, including the Gas Producer's design as accepted by the City and the bid for such installation.
Pursuant to Sections. 2.16(a) and 11.01 of the Credit Agreement, any increase in U.S. Revolving Credit Commitments pursuant to Section 2.16 of the Credit Agreement shall be effected pursuant to an amendment to the Credit Agreement, executed by the Loan Parties, the Lenders and Eligible Assignees providing such increased U.S. Revolving Credit Commitments (and no other Lenders) and the Administrative Agent (and, in the case of any Eligible Assignee providing any portion of a Commitment Increase, each U.S. L/C Issuer and U.S. Swing Line Lender). Any such amendment may, without the consent of any Lenders other than any Lenders providing the increased U.S. Revolving Credit Commitments, effect such amendments to any Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent and the Borrowers, to effect the provisions of Section 2.16 of the Credit Agreement.
Pursuant to Sections. 11.1(a), (b) and (d) of the Purchase Agreement, the Company has agreed to indemnify, defend and hold harmless the Buyer from and against certain other Claims, if any, as defined and set forth in the Purchase Agreement.
Pursuant to Sections. 3(a)(i) and 7 of the Agreement, the Holder has designated [•] (the “Designee”) as its designee to be issued the Class A Common Stock pursuant to the Share Issuance on the terms set out in the Agreement, and the Company has consented to the election of the Designee by the Holder.
Pursuant to Sections. 9.01(a) and 9.01(f) of the Indenture, the Trustee and Old Swift are authorized to execute and deliver this Supplemental Indenture without notice to or consent of any Securityholder.
Pursuant to Sections. 2 and 3 of the Furniture Agreement, Subtenant's obligation to pay Furniture Rent shall commence on August 6, 2001. Subtenant's prepayment of the first month's Furniture Rent, in the amount of $44,145.75, shall be applied through September 5, 2001, so that on September 1, 2001, Subtenant shall pay the balance of Furniture Rent due for September in the amount of 36,788.25. (Thereafter, Furniture Rent shall be payable at the regularly scheduled rate.)
