Treatment of the SEC Claim Sample Clauses

Treatment of the SEC Claim. The terms and provisions of this Agreement, including the Parties’ obligations hereunder, shall be subject to the condition precedent of the U.S. Securities and Exchange Commission (the “SEC”) withdrawing the claim(s) made by the SEC in the Bankruptcy Case and the SRP bankruptcy case upon the Bankruptcy Court order authorizing the Trustee to execute this Agreement becoming a final, non-appealable order.
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Treatment of the SEC Claim. The Administrator shall work with the SEC to resolve the SEC’s claim against the Xxxxxx Estate in a manner designed to maximize the recoveries contemplated under this Agreement. Furthermore, this Agreement shall be conditioned upon the SEC agreeing (or the entry of a Court order providing) that all funds the SEC recovers on any allowed claims against the Xxxxxx Estate shall be paid over to the Disbursing Agent to be paid pursuant to the waterfall set forth in the Xxxxxx Settlement Fund set forth in Section 4. a. of this Agreement.

Related to Treatment of the SEC Claim

  • Tax Treatment of the Notes By purchasing the Class M Notes, Holders and Beneficial Owners agree to treat such Notes as indebtedness of Xxxxxxx Mac for U.S. federal income tax purposes, unless such Holders or Beneficial Owners are required to treat the Class M Notes in some other manner pursuant to a final determination by the Internal Revenue Service or by a court of competent jurisdiction (each a “Final Tax Determination”). By purchasing the Class B Notes, Holders agree to treat such Class B Notes as notional principal contracts for U.S. federal income tax purposes (except for U.S. withholding tax purposes) and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B Notes in some other manner pursuant to a Final Tax Determination. Holders and Beneficial Owners, as applicable, further agree (a) to prepare their U.S. federal income tax returns on the basis that (i) the Class M Notes will be treated as indebtedness of Xxxxxxx Mac and/or (ii) the Class B Notes will be treated as (1) a deemed loan and (2) an on-market swap, and (b) to report items of income, deduction, gain or loss with respect to the Original Notes in a manner consistent with the information reported to them pursuant to Section 3.01(d), unless otherwise required pursuant to a previously-selected method for tax accounting for contingent notional principal contracts or a Final Tax Determination.

  • Terms of the Securities The Securities have the “Terms” as set out in these Issue Terms, which will complete and modify (i) the Bearer Securities Base Conditions Module, July 2016 Edition and (ii) the General Definitions Module, July 2016 Edition (the “General Definitions Module”), both of which are incorporated by reference into these Issue Terms (together, the “Conditions”) and are set out in full in the Information Memorandum.

  • Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions The Firm certifies to the best of its knowledge and belief, that it and its principals:

  • RIGHTS OF THE UNION Section 4.1. The Union has the right and responsibility to represent the interests of all employees in the unit; to present its views to the District on matters of concern, either orally or in writing; and to enter collective negotiations with the object of reaching an agreement applicable to all employees within the bargaining unit.

  • Recognition and Rights of Stewards (a) The Employer recognizes the Union's right to select stewards to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations.

  • Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

  • DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 3.1 The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:

  • CORPORATE INTEGRITY OBLIGATIONS Indivior shall establish and maintain a Compliance Program that includes the following elements:

  • Alternative to Litigation 13.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

  • Patent Filing Responsibilities and Costs 1. The invention and patent rights herein apply to any patent application or patents covering an invention made under this Agreement. Each Party is responsible for its own costs of obtaining and maintaining patents covering sole inventions of its employees. The Parties may agree otherwise, upon the reporting of any invention (sole or joint) or in any license granted.

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