Rights After Payment by Ex-Im Bank Sample Clauses

Rights After Payment by Ex-Im Bank. Upon the first payment by Ex-Im Bank under Section 8.05(a):
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Rights After Payment by Ex-Im Bank. Upon the first payment by Ex-Im Bank under Section 8.05(a): (a) Ex-Im Bank, by virtue of the assignments made pursuant to Sections 8.03(a), shall acquire all right, title and interest of the Lessor and the Interestholders, respectively, in and to all Lease Supplements executed in connection with such Credit with respect to which demand for payment has been made on Ex-Im Bank, any Security granted in connection with the relevant Credit and the Lease Agreement, and shall be entitled, in Ex-Im Bank's sole discretion, to pursue collection for Ex-Im Bank's own account of all amounts due or to become due on or under such Lease Supplements, the Lease Agreement, and such Security; and (b) thereafter, the Lessor and the Interestholders, with respect to such Lease Supplements, the Lease Agreement, and such Security, shall be entitled only to payments from Ex- Im Bank made in accordance with this Agreement.
Sample 1
Rights After Payment by Ex-Im Bank. Upon the first payment by Ex-Im Bank under Section 8.05(a): (a) Ex-Im Bank, by virtue of the assignments made pursuant to Section 8.03(a), shall acquire all right, title and interest of the Lender and the Debt Holders, respectively, in and to all outstanding Debt Documents issued in connection with such Approved Credit with respect to which demand for payment has been made on Ex-Im Bank, any Security granted in connection with the relevant Approved Credit and Debt Documents, any Other Instrument, and any Local Currency Deposit or Timely Currency Application, and shall be entitled, in Ex-Im Bank’s sole discretion, to pursue collection for Ex-Im Bank’s own account of all amounts due or to become due on or under such Debt Documents, Security, Other Instrument, Local Currency Deposit or Timely Currency Application; and (b) thereafter, the Lender and the Debt Holders, with respect to such Debt Documents, Security, Other Instrument, and Local Currency Deposit or Timely Currency Application shall be entitled only to payments from Ex-Im Bank made in accordance with this Agreement.
Sample 1
Rights After Payment by Ex-Im Bank. Upon the first payment by Ex-Im Bank under Section 8.05(a) with respect to any Credit, but prior to any payment by Ex-Im Bank after it has made the election for a Full Assignment:
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Related to Rights After Payment by Ex-Im Bank

  • Payment by Check a. If You apply for and are accepted into Company’s check paying program, Company will issue You an invoice within the first five (5) calendar days of each calendar month. Each invoice will include an invoice processing fee of twenty-five dollars ($25). Payment by check must be received by the fifteenth (15th) calendar day of each month. Acceptance into and continued participation in Company’s check paying program will be at Company’s sole discretion.

  • Assignment by Contractor With the prior written consent of DCYF’s Contract Administrator, which consent shall not be unreasonably withheld, the Contractor may assign this Contract including the proceeds hereof, provided that such assignment shall not operate to relieve the Contractor of any of its duties and obligations hereunder, nor shall such assignment affect any remedies available to DCYF that may arise from any breach of the sections of this Contract, or warranties made herein including but not limited to, rights of setoff.

  • Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies:

  • With Cause by District District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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