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U.S. Bank Sample Clauses

U.S. Bank. (a) As of the date hereof, U.S. Bank hereby becomes a party to the Participation Agreement, as amended hereby, and makes each of the representations, warranties and covenants of State Street Bank and Trust Company (in its individual capacity) contained in Section 8 of the Participation Agreement, as amended, other than the representations, warranties and covenants set forth in Section 8(m)(i). (b) U.S. Bank represents, warrants and covenants, in its individual capacity, to the Owner, the Guarantor, the Pass Through Trustees, the Subordination Agent and the Liquidity Provider that (i) it is a duly organized national banking association, validly existing and in good standing with the Comptroller of the Currency under the laws of the United States, is a Citizen of the United States (without making use of any voting trust, voting powers agreement or similar arrangement), (ii) it will notify promptly all parties to the Participation Agreement, as amended hereby, if in its reasonable opinion its status as a Citizen of the United States (without making use of any voting trust, voting powers agreement or similar arrangement) is likely to change and will resign as Indenture Trustee as provided in Section 9.01 of the Trust Indenture promptly after it obtains actual knowledge that it has ceased to be such a Citizen of the United States (without making use of a voting trust, voting powers agreement or similar arrangement), and (iii) it has the full power, authority and legal right under the laws of the United States pertaining to its banking, trust and fiduciary powers to execute and deliver each of the Participation Agreement, as amended hereby, the Trust Indenture, as amended, and each other Operative Document to which it is, or is to become, a party and to carry out its obligations under the Participation Agreement, as amended hereby, the Trust Indenture, as amended, each other Operative Document to which it is, or is to become, a party and to authenticate the Series D Secured Certificates.
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U.S. Bank. The Contribution Agreement for the Project commonly known as US Bank is hereby terminated and neither Acquiror nor Contributor shall have any further right, entitlement, obligation or liability under that particular Contribution Agreement.
U.S. BankXxxxx X. Xxxxxxxxxxx and Xxxxxx Xxxxxx. broke their contract to provide quarterly escrow account deposits of $350.000.00 Medical Supply had relied upon to capitalize its entry into the market for hospital supplies pursuant to agreements with Novation. LLC. Ncoforma, Inc .. Xxxxxx X. Xxxxxxx. Volunteer Hospital Association. Xxxx Xxxxxxxxx , University Heulthsystem Consortium and Xxxxxx X. Xxxxx to pursuant to agreements with Novation. LLC. Neoforrna, Inc .• Xxxxxx X. Xxxxxxx. Volunteer Hospital Association. Xxxx Xxxxxxxxx, University Healthsystcm Consortium and Xxxxxx X. Xxxxx to allocate customers among the group purchasing organizations to healthcare technology company and supply chain management companies in which the defendants' cartel had a participatory interest and exclude companies that would not maintain minimum prices.
U.S. Bank. For so long as any Preferred Shares are outstanding, the Company shall keep cash in an amount equal to the sum of the maximum amount of all Dividends and Make-Whole Additional Amounts (each as defined in the Certificate of Designations) payable under the Certificate of Designations deposited in a bank account located in the United States as set forth on Schedule 4(s).
U.S. Bank. 0xxxx X. Xxxxxxxxxxx, Xxxxxx Xxxxxx, The Xxxxx 1affray Companies and Xxxxxx X. Xxxx underwritten company Omnicell's software and later Neoforrna, lnc.'s to monitor pricing and fulfillment of products sold throughout the distribution channels of Novation, LLC, Volunteer Hospital Association and University Healthsystem Consortium to enforce the defendant's scheme to artificially inflate prices of hospital supplies. 464. e. Novation. LLC, Neoforma, Inc .• Xxxxxx X. Xxxxxxx. Volunteer Hospital Association. Xxxx Nonornaque, University Healthsyste m Consortium and Xxxxxx X. Xxxxx utilized an electronic reporting arrangement facilitated by Neoforma, Inc. to xxxxxx parallel pricing with the competitor GPO Premier and throughout the competing electronic marketplace GHX. LLC to fix prices of hospital supplies. 465. f. (I) Novation. LI.c:. Neoforrna, Inc .. Xxxxxx X. Xxxxxxx. Volunteer Hospital Association. Xxxx Xxxxxxxxxx, University He althsystem Consortium and Xxxxxx X. Xxxxx has contracted. combined. and conspired (2) with a separate economic entity supplier and manufacturers (3) to set the price at which the products are resold (4) in an independent commercial transaction with a subsequent hospital purchasers. Novation, LLC, Neoforma, Inc., Xxxxxx X. Xxxxxxx, Volunteer Hospital Association, Xxxx Xxxxxxxxxx, University Healthsystem Consorttum, Xxxxxx X. Xxxxx, US Bancorp, NA, US Bank, Xxxxx X. Xxxxxxxxxxx, Xxxxxx Xxxxxx, 466. The competing hospital cooperative purchasing organizations Volunteer Hospital Association and University Healihsystem Consortium funned the joint venture Novation. LLC for the illegal purpose of eliminating competition between the two cooperatives. leveraging their market power established with long term anricornpcritive and exclusive dealing contracts to restrain trade in a larger percentage of the US hospital market. The Defendants used the combinations and conspiracies 10 tic products and lines of products so that hospitals were unable to chose between vendors.
U.S. Bank. 103690303179 Corporate Account
U.S. Bank. SECTION 1.01. U.S. Bank hereby acknowledges its Succession to the Capacities under the Agreements effective as of the Effective Date and, on and after the Effective Date, agrees to perform all duties and obligations in each of its Capacities under the Agreements pursuant to the terms thereof. SECTION 1.02. U.S. Bank hereby represents and warrants to the Transferor and World Financial Network Credit Card Master Trust that U.S. Bank is qualified to act in the Capacities under the Agreements. SECTION 1.03. In connection with its Succession to the Capacities under the Agreements, U.S. Bank hereby accepts and assumes as of the Effective Date the related rights, powers, duties and obligations of Union Bank under the Agreements, upon the terms and conditions set forth therein, with like effect as if originally named to such Capacities under the Agreements.
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U.S. Bank. (a) US Bank as LC Creditor under the US Bank Letter of Credit Facility and in its capacity as a Beneficiary hereunder hereby irrevocably designates and appoints Bankers Trust Company as Agent under this Guarantee and irrevocably authorizes Bankers Trust Company to act as its Agent and to take such action on its behalf under the provisions of this Guarantee and to exercise such powers and perform such duties as are expressly delegated to the Agent under this Guarantee and the Loan Documents, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary in this Guarantee, the Agent shall not have any duties or responsibilities with respect to US Bank in its capacity as LC Creditor under the US Bank Letter of Credit Facility or any fiduciary relationship with US Bank, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Guarantee or otherwise to exist against the Agent.
U.S. Bank. SECTION 1.01. U.S. Bank hereby acknowledges its Succession to the Capacities under the Agreements effective as of the Effective Date and, on and after the Effective Date, agrees to perform all duties and obligations in each of its Capacities under the Agreements pursuant to the terms thereof. SECTION 1.02. U.S. Bank hereby represents and warrants to the Issuer and the Administrator that U.S. Bank is qualified to act in the Capacities under the Agreements. SECTION 1.03. In connection with its Succession to the Capacities under the Agreements, subject to Section 2.06, U.S. Bank hereby accepts and assumes as of the Effective Date the related rights, powers, duties and obligations of Union Bank 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 1.04. U.S. Bank hereby certifies that (a) on the Effective Date specified in Exhibit A, it has received the Collateral Certificate (as defined in the Master Indenture (as defined in Exhibit A)) from Union Bank and, (b) as successor to Union Bank under the Capacities, hereby authorizes the Administrator to file or cause the filing of such financing statements as the Administrator shall deem necessary or desirable in connection with the Succession. The Administrator shall file, or make arrangements for the filing of, any financing statements, financing statement amendments, continuation statements or other instruments the Administrator shall deem necessary or desirable in connection with the Succession. SECTION 1.05. Effective as of the Effective Date, U.S. Bank’s designated Corporate Trust Office for purposes of the Agreements shall be listed on Exhibit C hereto.
U.S. Bank. 0000 Xxxxxx Xxx. Xxxxx 0000 Xxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Xxxx Xxxx Account ***
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