Third Party Financing Sample Clauses
Third Party Financing. If Product acquisitions are financed through any third party financing, Contractor may be required as a condition of Contract Award to agree to the terms and conditions of a “Consent & Acknowledgment Agreement” in a form acceptable to the Commissioner.
Third Party Financing. If there is third party financing, then an energy savings performance contract may con- tain a clause:
(1) Permitting the financing source to perfect a security interest in the in- stalled energy conservation measures, subject to and subordinate to the rights of the Federal agency; and
(2) Protecting the interests of a Fed- eral agency and a financing source, by authorizing a contracting officer in ap- propriate circumstances to require a contractor who defaults on an energy savings performance contract or who does not cure the failure to make time- ly payments, to assign to the financing source, if willing and able, the contrac- tor’s rights and responsibilities under an energy savings performance con- tract;
(a) Any amount paid by a Federal agency pursuant to any energy savings performance contract entered into under this subpart may be paid only from funds appropriated or otherwise made available to the agency for the payment of energy expenses and re- lated operation and maintenance ex- penses which would have been incurred without an energy savings performance contract. The amount the agency would have paid is equal to:
(1) The energy baseline under the en- ergy savings performance contract (ad- justed if appropriate under § 436.37), multiplied by the unit energy cost; and
(2) Any related operations and main- tenance cost prior to implementation of energy conservation measures, ad- justed for increases in labor and mate- rial price indices.
(b) Federal agencies may incur obli- gations pursuant to energy savings per- formance contracts to finance energy conservation measures provided guar- anteed energy cost savings exceed the contractor’s debt service requirements.
(a) After contractor implementation of energy conservation measures and annually thereafter during the con- tract term, an annual energy audit shall be conducted by the Federal agen- cy or the contractor as determined by the contract. The annual energy audit shall verify the achievement of annual energy cost savings performance guar- antees provided by the contractor.
(b) The energy baseline is subject to adjustment due to changes beyond the contractor’s control, such as—
(1) Physical changes to building;
(2) Hours of use or occupancy;
(3) Area of conditioned space;
(4) Addition or removal of energy consuming equipment or systems;
(5) Energy consuming equipment op- erating conditions;
(6) Weather (i.e., cooling and heating degree days); and
Third Party Financing. The parties acknowledge that the requirements of Section 7.9 of the Asset Purchase Agreement have been fulfilled.
Third Party Financing. Any Borrower shall file any motion seeking postpetition financing or an extension of postpetition credit other than this DIP Facility; and
Third Party Financing. The parties further agree that terms in Section 4 applicable to Series D Financing shall apply to Third Party Financing on a mutatis mutandis basis.
Third Party Financing. (1) This contract is subject to approval for Buyer of a third party first mortgage loan having a loan-to-value ratio not to exceed % as established by such third party (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. The loan will be ❑ with ❑ without PMI.
(2) This contract is subject to approval for Buyer of a third party second mortgage loan having a loan-to-value ratio not to exceed % as established by such third party (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan. The loan will be ❑ with ❑ without PMI. ❑ B. TEXAS VETERANS' HOUSING ASSISTANCE PROGRAM LOAN: This contract is subject to approval for Buyer of a Texas Veterans' Housing Assistance Program Loan (the Program Loan) of $ for a period of at least years at the interest rate established by the Texas Veterans' Land Board at the time of closing.
Third Party Financing. Parent has obtained a firm commitment financing arrangement from a nationally recognized third-party lender to finance Parent's payment of the Merger Consideration.
Third Party Financing. Subject to approval as a Board Reserved Matter, the Shareholders may, following Completion, grant Encumbrances over Shares in the context of securing third party debt financing for the Company and the Group.
Third Party Financing. 1. At the latest 4 weeks before delivery, Buyer shall inform us of the financing third party (lessor or creditor; jointly referred to as the „Loaner“) and provide us with a draft of the respective transaction terms. We reserve the right to refuse such Loaner without giving any reason.
2. In case of a third party financed purchase the terms and conditions agreed upon by us and Buyer, including these GTC, shall also apply to the transaction entered into by and between us and Loaner, subject always to the specific provisions of this section and any other terms and conditions agreed with Buyer.
3. If Loaner assumes or joins the supply contract or enters into such a contract instead of Buyer, Loaner shall have the same rights and obligations as Buyer actually has (or would have had without third party financing), unless otherwise stated herein.
4. The equipment will be delivered directly to Buyer in accordance with the agreed upon terms, whereas Xxxxx takes possession of the equipment on behalf of Loaner. The transfer of risk and use shall be subject to the respective provision of the supply contract, irrespective of any other act, such as the transfer of title, a formal acceptance (if any) and the installation and commissioning. In all other respects Section X. of these GTC shall apply.
5. Notwithstanding Section XI. of these GTC (RETENTION OF TITLE), the title in the equipment shall not pass to Loaner before the purchase price has been fully paid.
6. If software is the subject matter of the supply contract, we will grant to Loaner the non-exclusive right to use the software upon full payment of the purchase price, subject always to the respective terms of use and any other applicable provision under the supply contract or at law, whereas it is understood and agreed that this right of use will be exercised by Buyer or, as the case may be, by its legal successor. If the software is delivered together with hardware, the right of use is restricted to the delivered hardware.
7. Unless otherwise stated herein to the contrary, any contractual obligations other than payment of the purchase price shall remain with Buyer without limiting any remedies that we may have hereunder or at law.
8. Claims or rights arising from or in connection with the supply contract, such as default, warranty, damages or tort, may be exercised by Buyer (on behalf or for the benefit of Loaner), except for the following rights/claims that shall exclusively remain with Loaner: - Avoidance or c...
Third Party Financing. The Sellers, the Issuer and the Company Group will use commercially reasonable efforts to obtain third-party financing following the Closing, the proceeds of which will be used to repay the Seller Notes in full.