Trust Fund Provisions Sample Clauses

Trust Fund Provisions. All proceeds advanced hereunder shall be subject to the trust fund provisions of Section 13 of the Lien Law. The affidavit attached hereto as Exhibit D is made pursuant to and in compliance with Section 22 of the Lien Law, and, if so indicated in said affidavit, Building Loan proceeds will be used, in part, for reimbursement for payments made by the Borrower prior to the Initial Advance hereunder but subsequent to the commencement of the construction and equipping of the Improvements for items constituting Costs of the Improvement.
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Trust Fund Provisions. All proceeds advanced hereunder shall be subject to the trust fund provisions of Section 13 of the Lien Law. Nothing contained in this Agreement is intended to constitute a promise by Borrower, express or implied, or to create any obligation, express or implied, on the part of Borrower, to make an “improvement,” as such term is defined in the Lien Law of the State of New York, and no advance of proceeds of the Loan shall at any time be conditioned, directly or indirectly, upon the making of any such “improvement”.
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Trust Fund Provisions. All proceeds advanced hereunder shall be subject to the trust fund provisions of section 13 of the Lien Law of the State of New York, as amended from time to time (the “Lien Law”). The affidavit annexed hereto as Exhibit G is made pursuant to and in compliance with section 22 of the Lien Law, and, if so indicated in said affidavit, Loan proceeds will be used, in part, for reimbursement for payments made by Borrower prior to the Initial Advance hereunder but subsequent to the commencement of the construction and equipping of the Improvements for items defined as an “improvement” and/or “cost of improvement” under section 2 of the Lien Law.
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Trust Fund Provisions. All proceeds advanced hereunder shall be subject to the trust fund provisions of Section 13 of the Lien Law.
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Trust Fund Provisions. This Financing Agreement is subject to the trust fund provision of Section 13 of the Lien Law of the State of New York. The affidavit attached hereto as Exhibit D-7 and made a part hereof is made pursuant to and in compliance with Section 22 of the Lien Law, and if so indicated on such affidavit the proceeds of the loan will be used in part to reimburse Borrower for payments made by Borrower prior to the initial Borrowing hereunder but subsequent to the commencement of the Improvements for items of “cost of improvement” as defined in Subdivision 5 of Section 2 of the Lien Law.
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Trust Fund Provisions. The Trustee shall receive any property from the Grantor and Contributions paid to it in cash, or in other property acceptable to it, which shall from time to time be transferred to the Trust by the Bank. The Trustee shall be accountable for all property and Contributions received, but the Trustee shall have no duty to see that the Contributions received are sufficient to provide the Benefits, nor shall the Trustee be obligated or have any right to enforce or collect any Contributions from the Bank. All property and Contributions so received together with the income therefrom and any other increment thereon shall be held, managed and administered by the Trustee pursuant to the terms of the Agreement and this Trust. The Trustee shall establish and maintain a separate Trust Fund for the benefit of the Grantor to which shall be credited all Contributions by the Bank, and other property conveyed to the Trust, and all earnings and profits thereon, and from which shall be deducted all distributions of Benefits and charges authorized herein. The Bank shall make Contributions to the Trust each year at the time and in the manner and amount specified in the Agreement. As of the end of each calendar year the Trustee shall determine the fair market value of the Trust Fund, after adding any Contributions made to the Trust and deducting distributions and any expenses of administration paid out of the Trust during such year. All income of the Trust earned during each calendar year shall be added to principal as of the end of such year. The Bank shall notify Grantor, as soon as reasonably practicable, after each Contribution to the Trustee on behalf of the Grantor. The form of such notice shall be by mutual agreement between the Grantor and Bank. Any and all Contributions, as well as earnings thereon, made on behalf of Grantor shall be deemed to be the sole and exclusive property of the Grantor. The Grantor may withdraw, either in whole or in part, any and all amounts contributed on behalf of the Grantor by Bank, including earnings thereon, at any time and from time to time within thirty (30) days after the date of such Contribution to the Trust, as determined in the sole and exclusive discretion of the Grantor. Withdrawal instructions shall be given to the Trustee in writing, and signed by the Grantor. Such withdrawal instructions must be delivered to the Trustee on or before midnight of the thirtieth (30th) day after the date of each Contribution. All withdrawals shall b...
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Trust Fund Provisions. The Borrower shall receive all disbursements of proceeds of Loans hereunder and hold the right to receive all such disbursements as a trust fund in accordance with the provisions of Section 13 of the Lien Law to be applied first for the purpose of paying the Costs of the Improvements incurred by the Borrower, and will apply all such disbursements first to the payment of the Costs of the Improvements incurred by the Borrower before using any part of such disbursements for any other purpose. The proceeds of the Loans shall be used solely for the payment of Building Loan Costs in accordance with the Building Budget and the Lien Law of the State of New York.
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Trust Fund Provisions. All proceeds advanced hereunder shall be subject to the trust fund provisions of Section 13 of the Lien Law. The Lien Law Affidavit is made pursuant to and in compliance with Section 22 of the Lien Law, and, if so indicated in said Affidavit, Building Loan proceeds will be used, in part, for reimbursement for payments made by the Borrower prior to the date hereof and prior to the Initial Construction Advance hereunder but subsequent to the commencement of the construction and equipping of the Project for items constituting Costs of the Improvement.
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Related to Trust Fund Provisions

  • Sinking Fund Provisions No sinking fund provisions.

  • Construction of the Agreement; Fund Participation Agreements The parties have entered into one or more Fund Participation Agreements between or among them for the purchase and redemption of shares of the Funds by the Accounts in connection with the Contracts. This Agreement supplements those Fund Participation Agreements. To the extent the terms of this Agreement conflict with the terms of a Fund Participation Agreement, the terms of this Agreement shall control.

  • Redemption of Securities and Sinking Fund Provisions 13 SECTION 3.01 Redemption........................................................................13 SECTION 3.02

  • Satisfaction of Sinking Fund Payments with Securities The Company (i) may deliver Outstanding Securities of a series and (ii) may apply as a credit Securities of a series that have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of such series required to be made pursuant to the terms of such Securities as provided for by the terms of such series, provided that such Securities have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly.

  • Void Provisions If any provision of this Agreement, as applied to either party or to any circumstances, shall be found by a court of competent jurisdiction to be unenforceable but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement.

  • Refund Procedures Upon the withdrawal of this Agreement or residence application by the Resident, as detailed in section 8.02, the Residence may be entitled to a partial refund of Residence Fees, without interest, within eight (8) weeks of the Resident vacating the Residence or cancelling their residence application. The refund will be in the form of a cheque mailed to the Resident’s permanent address on file in the Resident’s name only. If a student requires a cheque to be reissued as a result of the resident not providing an updated address prior to vacating residence and/or cancelling their residence application, a charge of $50 may be applied. Refunds are issued based on the following: (a) Academic Year (and Fall only) Applications/Agreements (Detailed in Table 5) (i) If the Resident’s My Housing Portal cancellation request is received by the Residence Manager on or before June 15 (Deadline 1), whether the Resident has been accepted into Residence or not, the Resident will receive a full refund of any Residence Fees paid to date. (ii) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after June 15 (Deadline 1) but on or before August 1 (Deadline 2), then the Resident will receive a full refund of any Residence Fees paid to date less a cancellation fee of $500 (iii) If the Resident is on the wait list and a space becomes available after June 15 (Deadline 1), the Resident will be offered a space in Residence and asked to confirm the status of the Resident’s Residence acceptance within 24 hours. After confirmation to the Residence, all regular cancellation policies and payment deadlines apply. (iv) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after August 1 (Deadline 2), but on or before the first day of the Term (Deadline 3), then the Resident will be charged a late cancellation fee. The cancellation fee will be equivalent to 30 days of Residence Fees. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence. (v) If the Residence Manager receives the Resident’s written cancellation request after the first day of the Term (Deadline 3) and on or before November 15 (Deadline 4), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 60 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence. (vi) If the Residence Manager receives the Resident’s written cancellation request after November 15 (Deadline 5), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 90 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence.

  • Refund Policy After the cancellation period, the institution provides a pro rata refund of ALL funds paid for tuition charges to students who have completed 60 percent or less of the period of attendance. Once more then 60 percent of the enrollment period in the entire course has incurred (including absences), there will be no refund to the student. Application & Registration Fees are non refundable item. Books, supplies and any other items issued and received by the student would not be returnable. If you cancel the agreement, the school will refund any money that you paid, less any deduction for registration fee. If you withdraw from school after the cancellation period, the refund policy described above will apply. If the amount that you have paid is more than the amount that you owe for the time you attended, then a refund will be made within 45 days of the official withdrawal date. See Refunds section below. If the amount that you owe is more than the amount that you have already paid, then you will have to arrange with the institution to pay that balance. Official withdrawal date is on the student’s notification or school’s determination. If the student has received federal student financial aid funds, the student is entitled to a refund of moneys not paid from federal student financial aid program funds. Special note to students receiving Unsubsidized/Subsidized/PLUS/Xxxxxxx loans, ACG/National SMART/Pell/SEOG grants or other aid, if you withdraw from school prior to the completion of the equivalent to 60 percent of the workload in any given semester, a calculation using the percentage completed will be applied to the funds received or that could have been receive that will determine the amount of aid the student earned. Unearned funds would be returned to the program in the order stated below by the school and/or the student. Student liability to loan funds will continue to be paid in accordance to the original promissory note terms. Funds owed by the student to the Grant programs are limited to 50% of the gross award per program received. Sample Calculation, completion of 25% of the semester earns only 25% of the aid disbursed or that could have been disbursed. If applicable, this would be the first calculation to determine the amount of aid that the student would be eligible for from the Title IV Financial Aid programs.

  • Required Provisions (a) The Bank may terminate Executive’s employment at any time, but any termination by the Board other than termination for Cause shall not prejudice Executive’s right to compensation or other benefits under this Agreement. Executive shall have no right to receive compensation or other benefits for any period after termination for Cause. (b) If Executive is suspended from office and/or temporarily prohibited from participating in the conduct of the Bank’s affairs by a notice served under Section 8(e)(3) [12 USC §1818(e)(3)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, the Bank’s obligations under this contract shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may in its discretion (i) pay Executive all or part of the compensation withheld while its contract obligations were suspended and (ii) reinstate (in whole or in part) any of its obligations which were suspended. (c) If Executive is removed and/or permanently prohibited from participating in the conduct of the Bank’s affairs by an order issued under Section 8(e)(4) [12 USC §1818(e)(4)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the contracting parties shall not be affected. (d) If the Bank is in default as defined in Section 3(x)(1) [12 USC §1813(x)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the date of default, but this paragraph shall not affect any vested rights of the contracting parties. (e) All obligations under this Agreement shall be terminated, except to the extent determined that continuation of the contract is necessary for the continued operation of the Bank, (i) by either the Office of the Comptroller of the Currency or the Board of Governors of the Federal Reserve System (collectively, the “Regulator”) or his or her designee, at the time the FDIC enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Section 13(c) [12 USC §1823(c)] of the Federal Deposit Insurance Act; or (ii) by the Regulator or his or her designee at the time the Regulator or his or her designee approves a supervisory merger to resolve problems related to operation of the Bank or when the Bank is determined by the Regulator to be in an unsafe or unsound condition. Any rights of the parties that have already vested, however, shall not be affected by such action. (f) Notwithstanding anything herein contained to the contrary, any payments to Executive by the Bank or the Company, whether pursuant to this Agreement or otherwise, are subject to and conditioned upon their compliance with Section 18(k) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1828(k), and the regulations promulgated thereunder in 12 C.F.R. Part 359.

  • Cancellation/Refund Policy A Student wishing to cancel an enrollment or withdraw may complete a Withdrawal/Cancellation Form. This form is available at xxx.XXX.xxx or from the Registrar located in Suite 203. Health Career Institute will refund monies paid by students in the following manner:  All monies will be refunded if the applicant is not accepted by the school or if the student cancels with in three (3) business days after signing the Enrollment Agreement and making payment.  Cancellation after the third (3rd) business day, but before the first day of class, will result in a refund of all monies paid with the exception of the non-refundable registration fee.  Any textbooks and uniform polo shirts that were issued must be returned to the school unused to receive the refund for those items.  Refunds will be made within 30 calendar days of date of the cancelation with proper submission of a Withdrawal/Cancellation Form by the student. Written notification may be submitted by email, fax or in person.  Refunds will be made within 30 calendar days of the first day of class if no written notification is provided by the student.

  • FULLY BARGAINED PROVISIONS This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

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