State Law Provisions Sample Clauses

State Law Provisions. This Agreement shall be governed by the laws of the state of Virginia. In addition, to the extent an amendment does not conflict with federal law, the agreement may be amended by mutual agreement of the parties.

State Law Provisions. Without limiting the generality, scope or meaning of any of the foregoing or any other provision of this Indenture, each Guarantor: (a) acknowledges that Section 2856 of the California Civil Code authorizes and validates waivers of a guarantor's rights of subrogation and reimbursement and certain other rights and defenses available to such Guarantor under California law; (b) waives all rights of subrogation, reimbursement, indemnification, and contribution and all other rights and defenses that are or may become available by reason of Sections 2787 to 2855, inclusive, of the California Civil Code; (c) waives all rights and defenses arising out of an election of remedies by the Trustee, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed such Guarantor's rights of subrogation and reimbursement against the Company by the operation of Section 580d of the California Code of Civil Procedure or otherwise; (d) waives all rights and defenses that such Guarantor may have because the Company's debt is secured by real property, which means, among other things, that: (i) the Trustee may collect from such Guarantor without first foreclosing on any real or personal property collateral pledged by the Company; and (ii) if the Trustee forecloses on any real property collateral pledged by the Company: (A) the amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price; and (B) the Trustee may collect from such Guarantor even if the Trustee, by foreclosing on the real property collateral, has destroyed any right such Guarantor may have to collect from the Company; (e) waives the protections of Nevada's one action rule or NRS 40.430; (f) waives all rights and defenses, if any, now or hereafter arising under the laws of the State of Illinois, which are the same as or similar to the rights and defenses waived as described above. These waivers and acknowledgments constitute an unconditional and irrevocable waiver of any rights and defenses any Guarantor may have because the Company's debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure. 100

State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument, as to the Property:

State Law Provisions. 23 14. TRUSTEE............................................................25

State Law Provisions. 7.2.2.1 Va. Code § 2.2-4201 (a) During the performance of the Agreement, Design-Builder agrees as follows: (i) Design-Builder will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Design-Builder. Design-Builder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Design-Builder, in all solicitations or advertisements for employees placed by or on behalf of Design-Builder, will state that Design-Builder is an equal opportunity employer. However, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. (iii) If Design-Builder employs more than five employees, Design-Builder shall (1) provide annual training on Design-Builder's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (2) post Design- Builder’s sexual harassment policy in (A) a conspicuous public place in each building located in the Commonwealth that Design-Builder owns or leases for business purposes and (B) Design-Builder's employee handbook. (iv) The requirements of these provisions (a) and (b) are a material part of the Agreement. If Design-Builder violates one of these provisions, VPRA may terminate the affected part of the Agreement for breach, or at its option, the whole Agreement. Violation of one of these provisions may also result in debarment from state contracting regardless of whether the specific contract is terminated. (b) Design-Builder will include the provisions of subdivisions (i)-(iii) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor or supplier. 7.2.2.2 Disabilities Act, Va. Code § 51.5-40

State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security as to the Property: (a) The rights of the Lender hereunder shall include, without limitation, all rights conferred by Act No. 210 of the Michigan Public Acts of 1953 as amended by Act No. 151 of the Michigan Public Acts of 1966 (MCL 554.231 et seq.), and Act No. 228 of the Michigan Public Acts of 1925 as amended by Act No. 55 of the Michigan Public Acts of 1933 (MCL 554.211 et seq.) All earnings, revenues, rents, issues, profits and income of the Property or any part thereof are hereby assigned to Lender and, in the case of the happening and continuation of an Event of Default, Lender shall be entitled to collect and receive, all such earnings, revenues, rents issues, profits and income personally or through a receiver as long as any such Event of Default shall exist and during the pendency of any foreclosure or proceedings and during any redemption period. Lender shall be entitled to all of the rights and benefits conferred by Act No. 210 of the Michigan Public Acts of 1953 as amended by Act No. 151 of the Michigan Public Acts of 1966 (MCL 554.231 et seq), and Act. No. 228 of the Michigan Public Act of 1933 (MLC 554.211 et seq), and xxx xxxxxxxxxx xx xxxx xxxxxxxx, xxxxxxxx, xxxts, issues, profits and income by Lender shall in no way waive the right of Lender to foreclose this Security Instrument in the event of such an Event of Default. The Borrower agrees to consent to a receiver if this believed necessary to desirable by the Trustees to enforce its rights hereunder. (b) Lender may commence foreclosure proceedings against Property through judicial proceedings or by advertisement, at the option of Lender, pursuant to the statutes in such case made and provided, and to sell the Property or cause the same to be sold at public sale, and to convey the same to the purchaser, in accordance with said statutes in a single parcel or several parcels at the option of Lender. (c) WARNING: THIS SECURITY INSTRUMENT CONTAINS A POWER OF SALE AND UPON DEFAULT MAY BE FORECLOSED BY ADVERTISEMENT. IN FORECLOSURE BY ADVERTISEMENT AND THE SALE OF THE PROPERTY IN THEREWITH, NO HEARING IS REQUIRED AND THE ONLY NOTICE REQUIRED IS THE PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER AND THE POSTING O A COPY OF THE NOTICE ON THE PREMISES.

State Law Provisions. Certain provisions / sections of this Guaranty and certain additional provisions / sections that are required by laws of the State or Commonwealth in which the Premises is located may be amended, described and/or otherwise set forth in more detail on Exhibit “A” attached hereto, which such Exhibit by this reference, is incorporated into and made a part of this Guaranty. In the event of any conflict between such state law provisions and any provision herein, the state law provisions shall control.

State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument, as to the Property: (a) The reference in Section 6 to Sections 9-402(f) and 9-501(d) of the UCC shall be deemed to refer to Florida Statutes Section 679.402 and Section 679.501, as amended, respectively. This Security Instrument is intended to be a financing statement within the purview of Florida Statute Section 679.402 with respect to the personal property described herein. The addresses of the Borrower (Debtor) and the Lender (Secured Party) are herein set forth. This Security Instrument is to be filed of record with the Clerk of the Circuit Court of the County or Counties where the mortgaged property is located. Borrower is the owner of the Property (whether pursuant to a leasehold estate, easement estate or absolute title). (b) This Security Instrument shall constitute a Security Agreement within the meaning of the Florida Uniform Commercial Code with respect to (i) any and all sums at any time on deposit for the benefit of the Lender or held by the Lender (whether deposited by or on behalf of the Borrower or anyone else) pursuant to any of the provisions of the Security Instrument and (ii) with respect to any personal property included in the Granting Clauses of this Security Instrument, and all replacements of such personal property, and the proceeds thereof. Upon default, without limitation of any other remedies, the Lender shall have the remedies of a Secured Party under the Florida Uniform Commercial Code. The Debtor/Borrower hereby authorizes the Lender to execute, deliver, file or refile as Lender without joinder of the Borrower, any financing statement, continuation statement or other instruments the Lender may reasonably require from time to time to perfect or renew such security interest under the Florida Uniform Commercial Code. (c) This Security Instrument shall be deemed to be and shall be construed as a Security Instrument as well as a Mortgage, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents and Security Deposits. Each of the remedies set forth herein, including without limitation the remedies involving a power of sale or power of attorney with respect to the Property and the right of Lender to exercise self-help in connection with the enforcement of the terms of this Security Instrument shall be exercisable if and to the extent permitted by the laws of the State of Florida in force at the time of the exercise of such ...

State Law Provisions. This instrument secures payment and performance of all Obligations under the Lease (as the same may be modified, amended or supplemented from time to time). The maximum principal indebtedness (as provided by T.C.A. Section 67-4-409(b)) secured, in the aggregate, by this instrument and all other instruments now or hereafter filed or recorded to secure payment or performance of the Obligations is limited to $___________. There are no Tennessee Recording Taxes due hereunder, as this instrument continues to secure the Obligations set forth under the Existing Assignments of Subleases and Rents, the recording information of which is included at EXHIBIT C.

State Law Provisions. (a) Applicability of Section 13 of the Lien Law. It is ------------------------------------------- intended that this Mortgage shall be superior to any laborers', mechanics' or materialmen's liens which may be placed upon the Property subsequent to the recordation hereof. Mortgagor shall, therefore, in compliance with Section 13 of the New York Lien Law, receive the advances secured hereby and shall hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the acquisition of the Land and shall apply the same first to the payment of the cost of the acquisition of the Land before using any part of the total of the same for any other purpose. (b) Benefit of Section 254 and Section 271 of the Real -------------------------------------------------- Property Law. Nothing herein contained shall be construed as depriving the ------------ Mortgagee of any right or advantage available under Section 254 or Section 271 of the Real Property Law of the State of New York, but all covenants herein differing therefrom shall be construed as conferring additional and not substitute rights and advantages.