Union Bank. Bank One, NA and Affiliates. With respect to its Commitment and the Advances made by it, each of Union Bank and Bank One, NA (and/or any other Lender then acting as "Fronting Bank") shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent or the Fronting Bank, as the case may be, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include Union Bank and Bank One, NA (and/or any other Lender then acting as "Fronting Bank") in its individual capacity. Union Bank, Bank One, NA (and/or any other Lender acting as "Fronting Bank") and their respective Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any such Subsidiary, all as if Union Bank were not the Administrative Agent and Bank One, NA (and/or any other Lender then acting as "Fronting Bank") were not the Fronting Bank and without any duty to account therefor to the Lenders.
Union Bank. Each January, all bargaining unit employees covered by the contract shall donate one (1) hour of vacation leave to fund a union activity time bank. Members who do not have an accumulated vacation leave balance of one (1) hour in January shall donate the hour upon accumulation. These hours shall be used by the Chief Xxxxxxx or an alternate appointed by the union for release from regular duties for union activity pertaining to grievance/arbitration administration. At the beginning of each calendar year, the employer shall add 40 hours to Union time bank. The total number of union activity time bank hours allowed per year is limited to the number of hours contributed by member and those credited to the bank from the employer. Any hours unused from one year shall be carried over to the following year.
Union Bank. To the extent required by its loan agreement with Union Bank of California ("Union Bank"), SVI shall have received the consent of Union Bank to the transactions contemplated by this Agreement and a release from Union Bank of its security interest in the Note and Pledge Agreement in a form satisfactory to SVI.
Union Bank and UFS-1 agree that upon delivery of the original promissory notes relating to the Education Loans to the Servicer as Custodian pursuant to the Custodian Agreement, that each shall and does relinquish all power and control over such promissory notes, subject to responsibilities of Union Bank under this Agreement.
Union Bank. Total available hours of official/union time per fiscal year for activities covered by 5 U.S.C. 7131(d) is calculated by one-fifth hour per bargaining unit employee (e.g., 1/5-hour x 500 bargaining unit employees = 100 hours available) as of October 1 for the activities identified above in Section 4-A. Unused Union Bank hours do not carry over into the next fiscal year.
Union Bank. Union Bank of Switzerland - Chicago Branch United States National Bank of Oregon Yasuda Trust and Banking Company, Limited CONSENTS AND APPROVALS None. 69 SCHEDULE 7.03 EXISTING MORTGAGES, SECURITY INTERESTS AND LIENS ON ASSETS OF THE COMPANY Liens/Security Interests/Mortgages on PACE properties Current Mortgages existing on Kmart Corporation's properties as of August 23, 1995 was $312 million Kmart Corporation has guaranteed indebtedness related to certain of its properties financed by industrial revenue bonds. At January 25, 1995, the total amount of such guaranteed indebtedness was $238 million, of which $92 million was included in capital lease obligations. 70 EXHIBIT A FORM OF NOTICE OF BORROWING _______________________, 19___ Bank of America National Trust and Savings Association, individually and as Documentation Agent under the 364 Day Credit Agreement referred to below (the "Documentation Agent") 1455 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Xxxn: Agency Management Services Re: 364 Day Credit Agreement dated as of October 5, 1995 (as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement") among KMART CORPORATION (the "Company"), the Banks named therein and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Documentation Agent Ladies and Gentlemen: The undersigned refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 2.03 of the Credit Agreement, of the Borrowing specified herein:
(1) The Business Day of the proposed Borrowing is _______________ __________________, 19___.
(2) The aggregate amount of the proposed Borrowing is $__________ ______________________.
(3) The proposed Borrowing is to be comprised of [LIBOR] [CD Rate] [Reference Rate] Loans.
(4) The duration of the initial Interest Period for the [LIBOR Loans] [CD Rate Loans] included in the proposed Borrowing shall be ________ [months] [days].]
(5) Payment for this Borrowing is to be made to account number ____________ at the Documentation Agent.
(a) the representations and warranties of the undersigned contained in Article V of the Credit Agreement are true and correct on and as of each such date as if made on and as of each such date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and
(b) no Potential Defau...
Union Bank and UFS-1 agree, however, that all aspects of the underlying computer program, algorithms, methods of processing, specific design and layout, report format, and the unique processing techniques and interactions of the various aspects of Union Bank's and/or Servicer's computer program are trade secrets of, proprietary to, and owned exclusively by Union Bank and/or Servicer. At such deconversion, a minimum fee of $12.00 per account plus any other reasonable expenses incurred in connection with the transfer of such files and other information shall be paid by UFS-1; provided however, that in the event deconversion results from early termination of this Agreement under Section 16 hereof due to the breach by Union Bank, UFS-1 shall pay only the actual expenses incurred in connection with the transfer of such files and other information. The confidentiality provisions of this paragraph shall survive any termination or expiration of this Agreement. 3.
Union Bank. SECTION 3.01. Union Bank hereby represents and warrants to BNYM, the Transferor and World Financial Network Credit Card Master Trust that Union Bank is qualified to act in the Capacities under the Agreements.
SECTION 3.02. Union Bank hereby accepts its appointment to the Capacities under the Agreements and accepts and assumes the rights, powers, duties and obligations of BNYM under the Agreements, upon the terms and conditions set forth therein, with like effect as if originally named to such Capacities under the Agreements.
SECTION 3.03. Upon Union Bank’s appointment to the Capacities under the Agreements and receipt of the existing Collateral Certificate (as defined in the Collateral Supplement (as defined in the Exhibit)), Union Bank shall cancel the existing Collateral Certificate, authenticate a replacement Collateral Certificate in the name of “Union Bank, N.A.”, and deliver such replacement Collateral Certificate to Union Bank, as indenture trustee.
Union Bank notified Plaintiff of its intent to move to reassign the case to a judicial referee under California Code of Civil Procedure Section 638, which Plaintiff opposed. The Parties submitted briefing on Defendant’s Motion to Compel Judicial Reference, which was fully briefed as of February 1, 2021. The Court issued its tentative ruling on the Motion for Judicial Reference on February 4, 2021, to which the Parties submitted. That tentative ruling became the Order of the Court on February 8, 2021. The Court granted the Motion to Compel Judicial Reference.
Union Bank. The Paid Leave Hours may be donated by the bargaining unit employees on a dollar for dollar basis. The union bank will be available for Union leadership to utilize as needed for Union related activities. Time will be tracked similarly to all other pay codes.
