Unencumbered Funds. Upon the request of the Sponsor, unencumbered public funds from the School, Sponsor’s property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity, or holding company, other than the School, shall be held in trust upon the Sponsor’s request, until any appeal status is resolved.
Unencumbered Funds. If, as of June 15, funds remain unencumbered in the tuition reimbursement pool and no unencumbered funds remain in the workshop reimbursement pool, the unencumbered funds may be transferred to the workshop reimbursement pool and expended in accordance with Section B(2)(a). If, as of June 15, funds remain unencumbered in the workshop reimbursement pool and no unencumbered funds remain in the tuition reimbursement pool, the unencumbered funds may be transferred to the tuition reimbursement pool and expended in accordance with Section A(2)(b).
Unencumbered Funds. Xxxxxxxxx warrants that:
x. Xxxxxxxxx will not use the Escrow Funds as security for any transaction, nor will Xxxxxxxxx pledge the Escrow Funds or list the Escrow Account as an asset on any application to obtain credit or to obtain real or personal property;
b. Any rights that Xxxxxxxxx or any other party has to the Escrow Funds and any associated Escrow Revenue are contingent rights and receipt of any Escrow Funds or Escrow Revenue is subject to the satisfaction or waiver of such contingencies; and
c. in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Xxxxxxxxx prior to the satisfaction or waiver of such contingencies, the Escrow Funds will not constitute property of the bankruptcy estate or otherwise be reachable by Xxxxxxxxx’x creditors.
Unencumbered Funds. Depositor warrants and agrees that:
(a) it will not use the Property as security for any transaction, nor will it pledge the Escrow Funds or list the Account as an asset on any application to obtain credit or to obtain real or personal property;
(b) any rights that Depositor has to the Property and any associated revenue are contingent rights and receipt of any of the Property or associated revenue is subject to the satisfaction or waiver of such contingencies; and
(c) in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Depositor prior to the satisfaction or waiver of such contingencies, the Property will not constitute property of the Depositor’s bankruptcy estate or otherwise be reachable by Depositor’s creditors.
Unencumbered Funds. Xxxxxxx warrants that Xxxxxxx will not use the Escrow Funds as security for any transaction, nor will Xxxxxxx pledge the Escrow Funds or list the Escrow Account as an asset on any application to obtain credit or to obtain real or personal property. The parties hereto acknowledge and agree that any rights that Xxxxxxx or any other party has to the Escrow Funds and any associated Escrow Revenue are contingent rights and receipt of any Escrow Funds or Escrow Revenue is subject to the satisfaction or waiver of such contingencies. The parties hereto acknowledge and understand that, in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Xxxxxxx prior to the satisfaction or waiver of such contingencies, the Escrow Funds will not constitute property of the bankruptcy estate or otherwise be reachable by Xxxxxxx’x creditors.
Unencumbered Funds. Xxxxx Harvest warrants that:
x. Xxxxx Harvest will not use the Escrow Funds as security for any transaction, nor will Xxxxx Harvest pledge the Escrow Funds or list the Escrow Account as an asset on any application to obtain credit or to obtain real or personal property;
b. Any rights that Xxxxx Harvest or any other party has to the Escrow Funds and any associated Escrow Revenue are contingent rights and receipt of any Escrow Funds or Escrow Revenue is subject to the satisfaction or waiver of such contingencies; and
c. in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Xxxxx Harvest prior to the satisfaction or waiver of such contingencies, the Escrow Funds will not constitute property of the bankruptcy estate or otherwise be reachable by Xxxxx Harvest’s creditors.
Unencumbered Funds. Prevailing Wind Park warrants that Prevailing Wind Park will not use the Escrow Funds as security for any transaction, nor will Prevailing Wind Park pledge the Escrow Funds or list the Escrow Account as an asset on any application to obtain credit or to obtain real or personal property. The parties hereto acknowledge and agree that any rights that Prevailing Wind Park or any other party has to the Escrow Funds and any associated Escrow Revenue are contingent rights and receipt of any Escrow Funds or Escrow Revenue is subject to the satisfaction or waiver of such contingencies. The parties hereto acknowledge and understand that, in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Prevailing Wind Park prior to the satisfaction or waiver of such contingencies, the Escrow Funds will not constitute property of the bankruptcy estate or otherwise be reachable by Prevailing Wind Park’s creditors.
Unencumbered Funds. Net Free Funds in User Accounts can be used to fund Escrows to secure payment of amounts to become due under User Contracts.
Unencumbered Funds. Depositor warrants that:
a. Depositor will not use the Property as security for any transaction, nor will it pledge the Escrow Funds or list the Account as an asset on any application to obtain credit or to obtain real or personal property;
b. The parties hereto acknowledge and agree that any rights that Depositor or any other party has to the Property and any associated revenue are contingent rights and receipt of any of the Property or associated revenue is subject to the satisfaction or waiver of such contingencies; and
c. The parties hereto acknowledge and understand that, in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Depositor prior to the satisfaction or waiver of such contingencies, the Property will not constitute property of the bankruptcy estate or otherwise be reachable by Depositor’s creditors.
Unencumbered Funds. Depositor warrants that:
a. Depositor will not use the Property as security for any transaction, nor will it pledge the Escrow Funds or list the Account as an asset on any application to obtain credit or to obtain real or personal property;
b. The parties hereto acknowledge and agree that any rights that Depositor or any other party has to the Property and any associated revenue are contingent rights and receipt of any of the Property or associated revenue is subject to the satisfaction or waiver of such contingencies; and
c. The parties hereto acknowledge and understand that, in the event of a bankruptcy filing or other insolvency proceeding commenced by or against Depositor prior to the satisfaction or waiver of such contingencies, the Property will not constitute property of the bankruptcy estate or otherwise be reachable by Depositor’s creditors.
4. Except as expressly amended hereby, the Agreement shall remain in full force and effect as originally written. This Amendment and all matters arising hereunder or in connection herewith shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of South Dakota, without regard to conflicts of law principles. This Amendment may be executed by the parties in one or more counterparts, all of which taken together, shall constitute one and the same instrument. The facsimile or .pdf signatures of the parties shall be deemed to constitute original signatures, and facsimile or .pdf copies hereof shall be deemed to constitute duplicate originals.
