Use of Certain Facilities Sample Clauses

Use of Certain Facilities. Buyer acknowledges that the environmental facilities listed on Schedule 10(c)(vi) (the "Environmental Facilities"), part of the Purchased Assets, were constructed and equipped using the proceeds from the sale of (A) $1,000,000 Industrial Development Authority of York County, Virginia Environmental Control Revenue Bonds (Amoco Oil Company Project), Series 1977 and (B) $2,800,000 Industrial Development Authority of York County, Virginia Pollution Control Revenue Bonds (Amoco Oil Company Project), Series 1977 (collectively, the "Environmental Control Bonds"). As set forth in Section 4(b)(vi), the Environmental Control Bonds are Excluded Liabilities. Buyer hereby covenants and agrees that from and after the Closing Date, it shall (1) use the Environmental Facilities in a manner so as to continue the tax-exempt status of the Environmental Control Bonds in accordance with Section 103(b) of the Internal Revenue Code of 1954, as amended, and in full compliance with the use requirements set forth in the agreements governing the Environmental Control Bonds and other tax certifications relating to the Environmental Control Bonds, and (2) comply with all applicable agreements securing the Environmental Control Bonds relating to the operation, maintenance, insurance, use, removal of liens, payment of taxes and keeping of records with respect to the Environmental Facilities. Prior to Closing, Seller shall furnish Buyer with copies of the agreements governing the Environmental Control Bonds and tax certifications relating to the Environmental Control Bonds. Buyer agrees that it shall take all actions necessary to ensure that the provisions of this Section 10(c)(vi) shall be binding upon (i) any successors and assigns of Buyer, (ii) any transferee of all or any portion of the Environmental Facilities, and (iii) any grantee of rights of use and/or operation thereof. Buyer further agrees that it will cooperate with Seller in any refunding of the Environmental Control Bonds by providing Seller with information reasonably requested by Seller related to any such refunding bonds on a tax-exempt basis.
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Use of Certain Facilities i. The PURCHASER shall be entitled to use the common garden and such other recreational facilities, if any and to the extent provided by the VENDORS, and such use shall be at the sole responsibility and risk of the PURCHASER or his/her family members and they shall abide by the rules and regulations framed by the VENDORS or the ENTITY for this purpose , it being agreed that mere reference herein, shall not be construed as commitment on the part of the VENDORS to provide such facilities.
Sample 1
Use of Certain Facilities. The swimming pool, garden, club house and such other recreational facilities, if any such facilities that exist in Elite Square 1 and Elite Square 2, shall be for the use and benefit only of family and guests of the Allottee/Purchasers of both the projects at the sole responsibility and risk of the Allottee/Purchasers and the conditions and restrictions cast by the Promoter/Developer or the Entity/Society/Association in relation to the user of such facilities and the timings of their use etc., shall be binding on all the Allottee/Purchaser/Users and the Promoter/Developer or the Entity/Society/Association, as the case may be, shall be entitled to refrain any person using such facilities beyond the stipulated timings or in violation of the conditions and restrictions laid down from time to time. The swimming pool is not intended to be provided nor shall be provided with lifeguard service
Sample 1
Use of Certain Facilities i. The PURCHASER shall be entitled to use the swimming pool, garden, club house and such other recreational facilities, i f and to the extent provided by the VENDOR, and such use shall be at the sole responsibility and risk of the PURCHASER or his family members and they shall abide by the rules and regulations framed by the VENDOR or the ENTITY for this purpose , it being agreed that mere reference herein, shall not be construed as commitment on the part of the VENDOR to provide such facilities.
Sample 1
Use of Certain Facilities. The swimming pool, garden, club house and such other recreational facilities, if any such facilities exist, shall be for the use and benefit only of family and guests of the Allottee/Purchasers at the sole responsibility and risk of the Allottee/Purchasers and the conditions and restrictions cast by the Promoter/Developer or the Entity/Society/Association in relation to the user of such facilities and the timings of their use etc., shall be binding on all the Allottee/Purchaser/Users and the Promoter/Developer or the Entity/Society/Association, as the case may be, shall be entitled to refrain any person using such facilities beyond the stipulated timings or in violation of the conditions and restrictions laid down from time to time. The swimming pool is not intended to be provided nor shall be provided with lifeguard service
Sample 1
Use of Certain Facilities. 38 4.13 Expenses.................................................................... 38 4.14 Books of Account and Special Rights......................................... 39 4.15 Firewalls................................................................... 40 4.16 Technical and Environmental Committees...................................... 41 4.17 Post-Closing Technical Support.............................................. 41 4.18 Venture Entity Audits....................................................... 42 4.19 Transfer Restrictions and Procedures........................................ 42 4.20 Special Option.............................................................. 44 4.21 Right of First Refusal...................................................... 45 4.22 No Dispositions............................................................. 47
Sample 1
Use of Certain Facilities. With respect to non-U.S. properties or facilities of Schlumberger not being transferred to a Foreign Venture Entity, but which were used or jointly used by the Schlumberger Drilling Fluids Business prior to the Effective Time, such properties or facilities may be made reasonably available to the appropriate Foreign Venture Entity pursuant to written leases or other documents upon terms and conditions as may be agreed by the parties. Except as otherwise agreed to in such written leases or other documents, Schlumberger may terminate, without liability, any such arrangement on 180 days' prior written notice to the appropriate Foreign Venture Entity.
Sample 1
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Use of Certain Facilities 
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Related to Use of Certain Facilities

  • Use of Certain Words Unless the context requires otherwise: (i.) “including” (and any of its derivative forms) means including but not limited to;

  • Construction of Certain Phrases (a) For purposes of this Agreement, references to the “Company” shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued. (b) For purposes of this Agreement, references to “other enterprises” shall include employee benefit plans; references to “fines” shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to “serving at the request of the Company” shall include any service as a director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants, or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner “not opposed to the best interests of the Company” as referred to in this Agreement.

  • Construction of Certain Provisions If any provision of this Agreement or any of the Loan Documents refers to any action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

  • Construction of certain terms In this Agreement:

  • Use of Certain Terms As used in this Agreement, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular paragraph, subparagraph, section, subsection, or other subdivision. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

  • Construction of Certain References References to: (a) the records of Euroclear and Clearstream, Luxembourg shall be to the records that each of Euroclear and Clearstream, Luxembourg holds for its customers which reflect the amount of such customers’ interests in the Notes; (b) other capitalised terms not defined in this Agreement are to those terms as defined in the Conditions; (c) principal and interest shall be construed in accordance with Condition 5; and (d) costs, charges, remuneration or expenses include any value added, turnover or similar tax charged in respect thereof.

  • Exclusion of Certain Warrants The Company agrees that the redemption rights provided in Section 6.1 shall not apply to the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if such Post-IPO Warrants provide that they are non-redeemable by the Company) if at the time of the redemption such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants continue to be held by the Sponsor or any Permitted Transferees, as applicable. However, once such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants are transferred (other than to Permitted Transferees under Section 2.6), the Company may redeem the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if the Post-IPO Warrants permit such redemption by their terms) pursuant to Section 6.1 hereof, provided that the criteria for redemption are met, including the opportunity of the holder of such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants to exercise the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants prior to redemption pursuant to Section 6.1. The Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if such Post-IPO Warrants provide that they are non-redeemable by the Company) that are transferred to persons other than Permitted Transferees shall upon such transfer cease to be Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants and shall become Public Warrants under this Agreement.

  • Modification of Certain Agreements Each Credit Party will not, and will not permit any of its Subsidiaries or Affiliates to, consent to any amendment, supplement, waiver or other modification of, or enter into any forbearance from exercising any rights with respect to the terms or provisions contained in (a) any Organization Documents of a Credit Party, in each case, other than any amendment, supplement, waiver or modification or forbearance that could not reasonably be expected to be materially adverse to the interests of the Secured Parties (except with the consent of the Required Lenders) or if required by law, (b) any document, agreement or instrument evidencing or governing any Indebtedness that has been subordinated to the Obligations in right of payment or secured by any Liens that have been subordinated in priority to the Liens of Agent unless such amendment, supplement, waiver or other modification is permitted under the terms of the subordination or intercreditor agreement applicable thereto or could not reasonably be expected to be materially adverse to the interests of the Secured Parties (it being understood that the foregoing shall not prohibit the refinancing, replacement or exchange of such Indebtedness), or (c) the Acquisition Agreement and the Ancillary Agreements (as defined in the Acquisition Agreement) (collectively, the “Acquisition Documents”), in each case, other than any amendment, supplement, waiver or modification or forbearance that could not reasonably be expected to be adverse to the interests of the Secured Parties (except with the consent of the Required Lenders); provided, that, any amendment, supplement, waiver or modification or forbearance of the Acquisition Documents such that any Credit Party or any of their Subsidiaries become directly or indirectly liable with respect to the Deferred Purchase Price shall be deemed adverse to the interests of the Secured Parties.

  • Construction of Certain Terms and Phrases Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrases "ordinary course of business" and "ordinary course of business consistent with past practice" refer to the business and practice of Seller in connection with the Business. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP.

  • Treatment of Certain Refunds If any party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.17 (including by the payment of additional amounts pursuant to this Section 2.17), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.17 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this paragraph (g) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this paragraph (g), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this paragraph (g) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This paragraph shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.

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