Selection of Contracts Sample Clauses

Selection of Contracts. Each Pledged Contract was selected in accordance with the Contract Selection Methodology, and was not selected in a manner intended to, or that could reasonably be expected to, adversely affect the interests of the Program Agent or any Secured Party.
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Selection of Contracts. (1) NRCS will determine whether the application meets the eligibility criteria, and will place applications into an enrollment category and subcategory based on the criteria specified in the sign-up notice and into a Tier based on the criteria in 1469.5(e). Enrollment categories will be funded in the order designated in the sign-up notice until the available fund- ing is exhausted. NRCS will determine the number of categories that can be funded in accordance with the sign-up notice, and will inform the applicant of its determinations.
Sample 1
Selection of Contracts. At any time, on or before the third Business Day prior to the auction held pursuant to the Procedures Order, Purchaser may notify Sellers which of the Executory Contracts Purchaser chooses not to accept an assignment in connection with the transactions contemplated by this Agreement.
Sample 1
Selection of Contracts. When delivered, each of Part I to Schedule 2.3(a), Part II to Schedule 2.3(a), Schedule 2.3(b) and Schedule 2.3(c) shall indicate, with respect to each Contract set forth thereon, whether (x) the Sellers are capable of assuming and assigning such Contract to Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code or (y) the consent of a third party is required pursuant to applicable Law or the terms of such Contract in order to affect an assignment thereof the Buyer or its Designee; provided that the fact that any Scheduled Financing Lease or Scheduled Operating Lease described in Schedules 2.3(a)(ii) or 2.3(a)(iii) or network Contract described in Section 2.3(b) contains provisions that would not be severable absent consent from a counterparty shall not by itself require the Seller to designate such Contract as the type described in this clause (y). On or before the seventh Business Day prior to the date of the Primary Sale Hearing, Parent and the Buyer will notify Exodus, in accordance with the terms of this Agreement, of the Contracts set forth on Part I of Schedule 2.3(a), Schedule 2.3(b) and Schedule 2.3(c) which, based on the designations contained in such Schedules, Parent and the Buyer desire either (A) to have the Sellers assume and assign to the Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code (each such Contract, together with the Assumed Leases and the Primary Selected Operating Leases, a "Primary 365 Contract" and collectively the "Primary 365 Contracts") or (B) if not capable of being assumed and assigned pursuant to clause (A), to have the Sellers assign to the Buyer or its Designee as required by, and in the manner set forth in, Section 7.3(f) (each such Contract, a "Primary Non 365 Contract" and collectively, the "Primary Non 365 Contracts" and the Primary 365 Contracts and the Primary Non 365 Contracts, collectively, the "Primary Assigned Contracts"). On or before the seventh Business Day prior to the date of the Secondary Sale Hearing, Parent and the Buyer will notify Exodus, in accordance with the terms of this Agreement, of the Contracts set forth on Part II of Schedule 2.3(a) which, based on the designations contained in such Schedule, Parent and the Buyer desire either (A) to have the Sellers assume and assign to the Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code (each such Contract, together with the Secondary Selected Operating Leases, a "Secondary 365 Contract" and collectivel...
Sample 1

Related to Selection of Contracts

  • Termination of Contracts Neither the Company nor any of its Subsidiaries has sent or received any communication regarding termination of, or intent not to renew, any material contract or agreement referred to or described in the Registration Statement, the Pricing Disclosure Package and the Final Prospectus or filed as an exhibit to the Registration Statement, and no such termination or non-renewal has been threatened by the Company or any of its Subsidiaries or by any other party to any such contract or agreement.

  • Assumption of Contracts The sale of the Assets is and will be made subject to the Contracts to which the Assets are presently subject. Buyer shall assume and be responsible for all obligations accruing under the Contracts after the Effective Time.

  • Termination of Contract The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract.

  • Servicing of Contracts ..54 Section 5.01 Initial Servicer's Appointment and Acceptance; Responsibility for Contract Administration..........................................................................54 Section 5.02

  • Assignment of Contracts On the Initial Borrowing Date, the Borrower shall have duly authorized, executed and delivered a valid and effective assignment by way of security in favor of the Collateral Agent of all of the Borrower’s present and future interests in and benefits under (x) the Construction Contract, (y) each Refund Guarantee and (z) the Construction Risk Insurance (it being understood that the Borrower will use commercially reasonable efforts to have the underwriters of the Construction Risk Insurance accept and endorse on such insurance policy a loss payable clause substantially in the form set forth in Part 3 of Schedule 2 to the Assignment of Contracts (as defined below), and it being further understood that certain of the Refund Guarantee and none of the Construction Risk Insurances will have been issued on the Initial Borrowing Date), which assignment shall be substantially in the form of Exhibit J hereto or otherwise reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent), including, without limitation, those acknowledgments, notices and consents listed on Schedule 5.07 (as modified, supplemented or amended from time to time, the “Assignment of Contracts”) provided that, if any Refund Guarantee issued to the Borrower on the Initial Borrowing Date shall have been issued by KfW IPEX-Bank GmbH, then such Refund Guarantee shall be charged pursuant to a duly authorized, executed and delivered, valid and effective charge of any such Refund Guarantee in the form of Exhibit Q hereto or otherwise in a form reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent) (as modified, supplemented or amended from time to time, the “Charge of KfW Refund Guarantees”).

  • MODIFICATION OF CONTRACT This Contract may be supplemented, amended or modified only by a writing signed by both Parties. No oral conversation, promise or representation by or between any officer or employee of the Parties shall modify any of the terms or conditions of this Contract. COMMISSION shall not be deemed to have approved or consented to any alteration of the terms of this Contract, including its Exhibits, by virtue of COMMISSION’s review and approval of, or failure to object to, contracts or other business transactions entered into by CONTRACTOR.

  • Status of Contracts Except as set forth in Schedule 5.17, each of the Seller Agreements constitutes a valid and binding obligation of the parties thereto and is in full force and effect and (except for those Seller Agreements which by their terms will expire prior to the Closing Date or are otherwise terminated prior to the Closing Date in accordance with the provisions hereof) may be transferred to Buyer pursuant to this Agreement and will continue in full force and effect thereafter, in each case without breaching the terms thereof or resulting in the forfeiture or impairment of any rights thereunder and without the consent, approval or act of, or the making of any filing with, any other party. Each Seller Party has fulfilled and performed in all material respects its obligations under each of the Seller Agreements, and each Seller Party is not in, or alleged to be in, material breach or default under, nor to the Knowledge of Seller is there or is there alleged to be any basis for termination of, any of the Seller Agreements. To the Knowledge of Seller, (i) no other party to any of the Seller Agreements has materially breached or defaulted thereunder, and (ii) no event has occurred and no condition or state of facts exists which, with the passage of time or the giving of notice or both, would constitute such a default or breach by any Seller Party or by any such other party. No Seller Party is currently renegotiating any of the Seller Agreements or paying liquidated damages in lieu of performance thereunder. Complete and correct copies of each of the Seller Agreements have heretofore been made available to Buyer by Seller.

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

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