Report A report delivered by the Servicer to the Trustee or the Certificate Administrator pursuant to Section 3.10.
SUMMARY As provided in the Fifth Amended and Restated Declaration of Trust and Trust Agreement of the Trust, as amended from time to time (the “Trust Agreement”) as currently in effect and described in the applicable Prospectus (defined below), units of fractional undivided beneficial interest in and ownership of each Fund (individually and collectively, the “Shares”) may be created or redeemed by the Managing Owner for an Authorized Participant in aggregations of two hundred thousand (200,000) Shares (each aggregation, a “Basket”). Baskets are offered only pursuant to the applicable registration statement of the Trust, with respect to all the Funds, excluding the DBA Fund and the DBS Fund, on Form S-3, with respect to the DBA Fund on Form S-3ASR, and with respect to the DBS Fund on Form S-1, as amended (Registration Nos.: 333-203008 et seq. with respect to all the Funds, excluding the DBA Fund and the DBS Fund; Registration Nos.: 333-185865 et seq. with respect to the DBA Fund only; Registration Nos.: 333-193222 et seq. with respect to the DBS Fund only), as currently effective and on file with the Securities and Exchange Commission (“SEC”) and as the same may be amended from time to time thereafter or any successor registration statement in respect of Shares of each Fund (each, a “Registration Statement,” collectively, the “Registration Statements”) together with the prospectuses of the Trust in the form filed with the SEC under Rule 424(b) under the Securities Act of 1933, as amended (the “1933 Act”), after the effectiveness of the Registration Statements (each, a “Prospectus,” collectively, the “Prospectuses”). Under the Trust Agreement, the Managing Owner is authorized to issue Baskets to, and redeem Baskets from, Authorized Participants, (i) through the Continuous Net Settlement (“CNS”) clearing processes of the National Securities Clearing Corporation (the “NSCC”) as such processes have been enhanced to effect purchases and redemptions of Creation Baskets and Redemption Baskets (the “CNS Clearing Process”), or (ii) if outside the CNS Clearing Process, only through the facilities of The Depository Trust Company (“DTC” or the “Depository”) (the “DTC Process”), or a successor depository, and only in exchange for cash. This Agreement sets forth the specific procedures by which an Authorized Participant may create or redeem Baskets. For the avoidance of doubt, the term “Prospectus” shall mean the Prospectus for the DBA Fund, the Prospectus for the DBS Fund or the Prospectus for all of the Funds, excluding the DBA Fund and the DBS Fund, as the context requires. Because new Shares for each Fund can be created and issued by the Trust on an ongoing basis, at any point during the life of each respective Fund, a “distribution,” as such term is used in the 1933 Act, may be occurring. The Authorized Participant is cautioned that some of its activities may result in its being deemed a participant in a distribution in a manner that would render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Authorized Participant should review the “Plan of Distribution” section of the applicable Prospectus and consult with its own counsel in connection with entering into this Agreement and submitting a Purchase Order Subscription Agreement (defined below). Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the Trust Agreement. To the extent there is a conflict between any provision of this Agreement and the provisions of the Trust Agreement, the provisions of the Trust Agreement shall control. To the extent there is a conflict between any provision of this Agreement and the provisions of the applicable Prospectus, the applicable Prospectus shall control. For the avoidance of doubt, any action which is an action being taken by the Managing Owner may be taken by a party whom the Managing Owner has duly authorized to take such action. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:
Narrative Commentary covering site improvements, circulation, organization of building space in relation to program requirements, building materials, special features, building systems (HVAC, plumbing, fire protection, structural, security, and video voice and data).
Risk Assessment An assessment of any risks inherent in the work requirements and actions to mitigate these risks.
Detail Midstream Co shall cause its invoices and supporting information to include information reasonably sufficient to explain and support any estimates and charges reflected therein, the reconciliation of any estimates made in a prior Month to the actual measurements for such Month, and any adjustments to prior period volumes and quantities.
Progress Report By March 1 of each year, ***** will submit a written annual report to Stanford covering the preceding calendar year. The report will include information sufficient to enable Stanford to satisfy reporting requirements of the U.S. Government and for Stanford to ascertain progress by ***** toward meeting this Agreement’s diligence requirements. Each report will describe, where relevant: *****’s progress toward commercialization of Licensed Product, including work completed, key scientific discoveries, summary of work-in-progress, current schedule of anticipated events or milestones, market plans for introduction of Licensed Product, and significant corporate transactions involving Licensed Product. ***** will specifically describe how each Licensed Product is related to each Licensed Patent.
DETAILS The address, telephone and facsimile of each party at the date of this agreement are as follows: THE TRUSTEE PERPETUAL TRUSTEES CONSOLIDATED LIMITED Xxxxx 00 Xxxxx Xxxxx 000 Xxxx Xxxxxx Xxxxxx, Xxx Xxxxx Xxxxx 0000 Tel: 000 0000 0000 Fax: 000 0000 0000 Attention: Manager Securitisation THE MANAGER CRUSADE MANAGEMENT LIMITED 0-00 Xxxxxxxxxx Xxxxxx Kogarah, New South Wales 2217 Tel: 000 0000 0000 Fax: 000 0000 0000 Attention: Chief Manager, Securitisation THE PRINCIPAL PAYING AGENT THE BANK OF NEW YORK IN RELATION TO THE CLASS A-1 NOTES, CLASS A-1 NOTEHOLDERS AND CLASS A-1 NOTE OWNERS: 000 Xxxxxxx Xxxxxx Floor 21 West New York -------------------------------------------------------------------------------- Page 30 + AGENCY AGREEMENT ALLENS XXXXXX XXXXXXXX -------------------------------------------------------------------------------- Xxx Xxxx 00000 XXXXXX XXXXXX OF AMERICA Fax: + 0 000 000 0000 / 5803 Attention: Global Trust Services IN RELATION TO THE CLASS A-2 NOTES, CLASS A-2 NOTEHOLDERS AND CLASS A-2 NOTE OWNERS: 00xx Xxxxx, 0 Xxxxxx Xxxxxx Xxxxxx X00 0XX XXXXXX XXXXXXX Fax: + 00 00 000 00000 Attention: Global Trust Services THE CALCULATION AGENT THE BANK OF NEW YORK 00xx Xxxxx, 0 Xxxxxx Xxxxxx Xxxxxx X00 0XX XXXXXX XXXXXXX Fax: + 00 00 000 00000 Attention: Global Trust Services THE NOTE TRUSTEE THE BANK OF NEW YORK 000 Xxxxxxx Xxxxxx Floor 00 Xxxx Xxx Xxxx Xxx Xxxx 00000 XXXXXX XXXXXX OF AMERICA Fax: + 0 000 000 0000 / 5803 Attention: Global Trust Services THE CLASS A-1 NOTE REGISTRAR THE BANK OF NEW YORK 000 Xxxxxxx Xxxxxx Floor 00 Xxxx Xxx Xxxx Xxx Xxxx 00000 XXXXXX XXXXXX OF AMERICA Fax: + 0 000 000 0000 / 5803 Attention: Global Trust Services + AGENCY AGREEMENT ALLENS XXXXXX XXXXXXXX -------------------------------------------------------------------------------- Solely for the purposes of transfer of any Class A-1 Note, the Class A-1 Note Registrar shall act through its office at 000 Xxxxxxx Xxxxxx, Floor 21 West, New York, New York 10286. THE CLASS A-2 NOTE REGISTRAR THE BANK OF NEW YORK 00xx Xxxxx, 0 Xxxxxx Xxxxxx Xxxxxx X00 0XX XXXXXX XXXXXXX Fax: + 00 00 000 00000 Attention: Global Trust Services Solely for the purposes of transfer of any Class A-2 Note, the Class A-2 Note Registrar shall act through its office at 00xx Xxxxx, 0 Xxxxxx Xxxxxx, Xxxxxx X00 0XX, Xxxxxx Xxxxxxx.
Progress The Engineer shall, from time to time during the progress of the work, confer with the County. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the County, in order to evaluate features of the work. Upon request by the County, the Engineer shall make presentations to the Commissioners Court. At the request of the County or the Engineer, conferences shall be held at the Engineer’s office, the County’s office, or at other locations designated by the County. These conferences shall also include an evaluation of the Engineer’s services and work when requested by the County. Should the County determine that the progress in production of the work does not satisfy the work schedule, the County will review the work schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the County in writing of events which have a significant impact upon the progress of work, including:
(1) problems, delays, or adverse conditions which will materially affect the ability to attain contract objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by a statement of the action taken, or contemplated, and any County assistance needed to resolve the situation; and
(2) favorable developments or events which would enable meeting the work schedule goals sooner than anticipated.
Periodic Risk Assessment Provider further acknowledges and agrees to conduct periodic risk assessments and remediate any identified security and privacy vulnerabilities in a timely manner.
Overview (a) The Employer is committed to maintaining a stable and skilled workforce, recognising its contribution to the operation of the Employer. As such, full time direct and ongoing employment is a guiding principle of this Agreement.
(b) The Employer will take all measures to achieve employment security for the direct permanent employees of the Employer. The Parties agree upon the measures in this Clause to protect and enhance the employment security, health and safety, terms and conditions of employment and career development of the employees.
(c) The employer agrees that it is highly important to ensure that work is performed effectively, efficiently and without undue pressure or bullying, and in a way that promotes OHS and EO principles and practices in the workplace and appropriate representation of employees should they so request. The employer will ensure that its employment practices are consistent with the above principles and practices.
