Relationship of Agreement to the Original Agreement Sample Clauses

Relationship of Agreement to the Original Agreement. The Original Agreement was initially executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of the Series B, C, D, E, F, G and H Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E Bonds from proceeds of the Bonds, the 1995 Series C Bonds and the 1995 Series D Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E Bonds (thereby reducing the C...
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Relationship of Agreement to the Original Agreement. The Issuer has heretofore issued the Prior Bonds for the purpose of financing and refinancing a portion of the costs of acquiring, constructing, installing and equipping the Project. In connection therewith, and in order to provide a source of payment of the Prior Bonds, the Issuer has sold the Project to the Company and the Company has agreed to make certain installment purchase payments to the Issuer, all pursuant to the terms of the Original Agreement and the Prior Supplementary Agreements. The Bonds are being issued to finance a portion of the costs of the Facilities not previously financed or refinanced by the Prior Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement and the Prior Supplementary Agreements, the Issuer and the Company ratify and confirm the sale of the Facilities to the Company pursuant to the Original Agreement, agree to continue the Original Agreement and the Prior Supplementary Agreements, in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to Prior Bonds which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. To the extent that any statement in, or provision of, this Agreement conflicts with the Original Agreement or the Prior Supplementary Agreements, the provisions of this Agreement shall be deemed to control.
Sample 1

Related to Relationship of Agreement to the Original Agreement

  • of the Original Agreement Section 1.2 of the Original Agreement shall be amended and restated as follows:

  • Amendments to the Original Agreement Subject to the terms and conditions of this Amendment, the Original Agreement is hereby amended and supplemented as follows:

  • Understanding of Agreement Executive represents and warrants that he has read and understood each and every provision of this Agreement, and Executive understands that he has the right to obtain advice from legal counsel of choice, if necessary and desired, in order to interpret any and all provisions of this Agreement, and that Executive has freely and voluntarily entered into this Agreement.

  • Termination of Original Agreement Each Party agrees that the Original Agreement is hereby terminated as of the Effective Date and shall be of no further force or effect and, for the avoidance of doubt, no provisions of the Original Agreement survive such termination.

  • Entirety of Agreement This Agreement constitute the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements, if any.

  • Amendment and Termination of Agreement (a) We may amend any provision of this Agreement by giving you written notice of the amendment. Either party to this Agreement may terminate the Agreement without cause by giving the other party at least thirty (30) days' written notice of its intention to terminate. This Agreement will terminate automatically in the event of its assignment (as defined in the 1940 Act).

  • Term of Agreement Termination of Agreement Amendment of Agreement a. This Agreement is effective with respect to each Fund as of the date of execution of the applicable exhibit and shall continue in effect with respect to each Fund presently set forth on an exhibit and any subsequent Funds added pursuant to an exhibit during the initial term of this Agreement for one year from the date set forth above, and thereafter for successive periods of one year if such continuance is approved at least annually by the Trustees of the Trust including a majority of the members of the Board of Trustees of the Trust who are not interested persons of the Trust and have no direct or indirect financial interest in the operation of any Distribution Plan relating to the Trust or in any related documents to such Plan ("Disinterested Trustees") in the manner required by the Rules and Regulations. If a Fund is added after the first annual approval by the Trustees as described above, this Agreement will be effective as to that Fund upon execution of the applicable exhibit and will continue in effect until the next annual approval of this Agreement by the Trustees and thereafter for successive periods of one year, subject to approval as described above.

  • Termination and Amendment of Agreement The Corporation and the Custodian mutually may agree from time to time in writing to amend, to add to, or to delete from any provision of this Agreement. The Custodian may terminate this Agreement by giving the Corporation ninety days' written notice of such termination by registered mail addressed to the Corporation at its principal place of business. The Corporation may terminate this Agreement at any time by written notice thereof delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Corporation, by registered mail to the Custodian. Upon such termination of this Agreement, assets of the Corporation held by the Custodian shall be delivered by the Custodian to a successor custodian, if one has been appointed by the Corporation, upon receipt by the Custodian of a copy of the resolution of the Board of Directors of the Corporation certified by the Secretary, showing appointment of the successor custodian, and provided that such successor custodian is a bank or trust company, organized under the laws of the United States or of any State of the United States, having not less than two million dollars aggregate capital, surplus and undivided profits. Upon the termination of this Agreement as a part of the transfer of assets, either to a successor custodian or otherwise, the Custodian will deliver securities held by it hereunder, when so authorized and directed by resolution of the Board of Directors of the Corporation, to a duly appointed agent of the successor custodian or to the appropriate transfer agents for transfer of registration and delivery as directed. Delivery of assets on termination of this Agreement shall be effected in a reasonable, expeditious and orderly manner; and in order to accomplish an orderly transition from the Custodian to the successor custodian, the Custodian shall continue to act as such under this Agreement as to assets in its possession or control. Termination as to each security shall become effective upon delivery to the successor custodian, its agent, or to a transfer agent for a specific security for the account of the successor custodian, and such delivery shall constitute effective delivery by the Custodian to the successor under this Agreement. In addition to the means of termination herein before authorized, this Agreement may be terminated at any time by the vote of a majority of the outstanding shares of the Corporation and after written notice of such action to the Custodian.

  • Effective Date and Termination of Agreement This Agreement shall become effective on January 1, 2018 and unless terminated sooner it shall continue in effect until April 30, 2018. It may thereafter be continued from year to year only with the approval of a majority of those trustees of the Fund who are not “interested persons” of the Fund (as defined in the 0000 Xxx) and have no direct or indirect financial interest in the operation of this Agreement or any agreement related to it (the “Independent Trustees”). This Agreement may be terminated as to the Fund as a whole or any class of shares individually at any time by vote of a majority of the Independent Trustees. The Investment Adviser may terminate this agreement upon sixty (60) days’ prior written notice to the Fund.

  • Execution of Agreement This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes.

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