Subject to Section 4. 2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information.
Subject to Section 4. 1.1, the Company shall declare a Unit to be ready for Synchronization with the Grid System when:-
(i) it has been installed in accordance with the required technical specifications and Prudent Utility Practices;
(ii) it meets all related conditions prescribed in applicable Indian Standard(s)/Code(s) then in effect and otherwise meets the provisions of the Electricity Act, 2003 and the Rules or Regulations framed thereunder, or any other requirements for Synchronization to the Grid System;
(iii) it is capable of being operated safely and the Company has obtained the approval of the Chief Electrical Inspector of the Government for energisation; and
(iv) the Company has entered into a separate agreement for execution, operation and maintenance of the Interconnection Facilities as per Section 3.3.
Subject to Section 4. 3 herein, Sunlight shall review Advertising Materials used by Dealers to ensure their compliance with Applicable Law and the Program Guidelines, including Applicable Laws and Program Guidelines prohibiting unfair and deceptive acts and practices, and shall make such Advertising Materials available to Bank upon request. Sunlight shall ensure that Dealers at all times and in all material respects comply with Applicable Laws, the terms of this Agreement, and Bank’s trademark usage guidelines which may be updated from time to time.
Subject to Section 4. 2.1.2, concurrently with a delivery of Gold Bullion to the Delivery Point Contact specified in a Delivery Notice, obtain from the Person specified in the Delivery Notice a delivery receipt in respect of the amount of Gold Bullion delivered under the Delivery Notice, and deliver such delivery receipt to BMO within five (5) Business Days after such delivery. For greater certainty, Carrier shall not complete the delivery of Gold Bullion without obtaining a receipt.
Subject to Section 4. 7, a Registered Holder of Warrants may exercise its Warrants only for a whole number of Common Shares. If, by reason of any exercise of warrants on a “cashless basis”, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a Common Share, the Company shall pay cash in lieu of a fractional interest as provided in Section 4.7.
Subject to Section 4. 4.1, Seller shall notify Buyer at least forty-five (45) Days prior to the commencement of each Final Window Period of the Day within such Final Window Period which is expected to be the Date of First Commercial Delivery of the relevant Plant, or, in the absence of notification by Seller in accordance with this Section 4.3.7, the Date of First Commercial Delivery of such Plant shall be deemed to be the last Day of the associated Final Window Period.
Subject to Section 4. 2 and the other provisions of this Agreement, the Company shall make distributions to the Class A Member at such times as determined by the Class A Member.
Subject to Section 4. 6.4 hereof in the case of ULC Shares, take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Agent to consummate a public sale or other disposition of the Pledged Collateral.
Subject to Section 4. 12.1 of the Bergen Disclosure Statement, the authorized capital stock of Bergen consists solely of 200,000,000 shares of Bergen's Class A common stock, par value $1.50 per share (the "Bergen Common Stock"), and 3,000,000 shares of preferred stock, without par value (the "Bergen Preferred Stock"). As of December 1, 1998, there were 103,269,500 shares of Bergen Common Stock and no shares of Bergen Preferred Stock outstanding, 8,952,812 shares of Bergen Common Stock were held in Bergen's treasury and no shares of Bergen Preferred Stock were held in Bergen's treasury. As of December 1, 1998, 6,658,024 shares of Bergen Common Stock were reserved for issuance upon the exercise or conversion of outstanding options, warrants or convertible securities granted or issuable by Bergen.
Section 4.12.1 of the Bergen Disclosure Statement describes Bergen's obligations as of the date hereof to issue its Class A Common Stock pursuant to previously executed business combination agreements. Each outstanding share of Bergen Common Stock is, and all shares of Bergen Common Stock to be issued in connection with the transactions contemplated hereby will be, duly authorized and validly issued, fully paid and nonassessable, with no personal liability attaching to the ownership thereof, and each outstanding share of Bergen Common Stock has not been, and all shares of Bergen Common Stock to be issued in connection with the transactions contemplated hereby will not be, subject to or issued in violation of any preemptive or similar rights. As of the date hereof, except for (a) stock options issuable pursuant to stock option plans adopted or assumed by Bergen, (b) shares of Bergen Common Stock issuable pursuant to other employee benefit plans disclosed in Bergen SEC Reports, (c) securities issuable in connection with business combinations disclosed in Bergen SEC Reports, (d) securities issuable pursuant to the Rights Agreement, dated as of February 8, 1994, between Bergen and Chemical Trust Company of California (the "Bergen Shareowners' Rights Plan"), and (e) matters described in Section 4.12 of the Bergen Disclosure Statement, Bergen is not bound by any outstanding subscriptions, options, warrants, calls, commitments or agreements of any character calling for the purchase or issuance of any shares of Bergen Common Stock or Bergen Preferred Stock or any other equity securities of Bergen or any securities representing the right to purchase or otherwise receive any shares of Bergen Commo...
Subject to Section 4. 1(a), this Agreement shall terminate on the Expiration Date. Notwithstanding the foregoing, this Agreement will terminate on any earlier date when all Series C Warrants have been exercised. The provisions of Section 8.4 and this Article IX shall survive such termination and the resignation or removal of the Warrant Agent.
