Xxxx of Execution or Distress Sample Clauses

Xxxx of Execution or Distress. Any execution or distress is levied against or an encumbrance or other officer takes possession of the whole or any part of the property, undertaking or assets of the Borrower(s) or any encumbrance over the whole or any part of the property, undertaking or assets of the Borrower(s) becomes enforceable;
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Related to Xxxx of Execution or Distress

  • Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. SCHEDULE “A” Proceedings Court and File No. Part Plaintiff(s) Defendants Settlement Class Common Issues Class Period Ontario Actions Ontario Heater Sheridan Denso Corporation, Denso All Persons in Canada who, Did the Settling Defendants January 1, 2000 to November Superior Control Chevrolet International America Inc., during the Class Period, (a) conspire to fix, raise, 2, 2016 Court of Panel Cadillac Ltd., Denso Manufacturing Canada purchased, directly or maintain, or stabilize the Justice The Pickering Inc., Denso Sales Canada Inc., indirectly, Heater Control prices of Heater Control Court File Auto Mall Tokai Rika Co., Ltd., TRAM, Panels; and/or (b) purchased or Panels in Canada and/or No. CV-12- Ltd., and Fady Inc., TRMI, Inc., TRIN, Inc., leased, directly or indirectly, a elsewhere during the Class 449233- Xxxxxx Calsonic Kansei Corporation, new or used Automotive Period? If so, what 00CP Calsonic Kansei North America, Vehicle containing Heater damages, if any did Inc., Sumitomo Electric Control Panels; and/or (c) Settlement Class Members Industries Ltd., Sumitomo purchased for import into suffer? Wiring Systems Ltd., Sumitomo Canada, a new or used Electric Wiring Systems Inc., Automotive Vehicle containing Sumitomo Electric Wintec Heater Control Panels. America, Inc., Sumitomo Wiring Excluded Persons and Persons Systems (U.S.A.) Inc., K&S who are included in the Quebec Wiring Systems, Inc., Alps Settlement Class and the BC Electric Co., Ltd., Alps Electric Settlement Class are excluded (North America), Inc., and Alps from the Ontario Settlement Automotive Inc. Class. Ontario Occupant Xxxxxxxx Xxxxxx Corporation, Tokai Rika Co., Ltd., TRQSS Inc., TRAM, Inc., TAC Manufacturing, Inc., Toyoda Gosei, Co., Ltd., Toyoda Gosei North America Corporation, and TG Missouri Corporation All Persons in Canada who, Did the Settling Defendants January 1, 2003 to December Superior Safety Chevrolet during the Class Period, (a) conspire to fix, raise, 4, 2014 Court of Systems Cadillac Ltd., purchased, directly or maintain, or stabilize the Justice The Pickering indirectly, Occupant Safety prices of Occupant Safety Court File Auto Mall Systems; and/or (b) purchased Systems in Canada and/or No. CV-13- Ltd., Fady or leased, directly or indirectly, elsewhere during the Class 472259- Xxxxxx, and a new or used Automotive Period? If so, what 00CP Xxxx X’Xxxxx Vehicle containing Occupant damages, if any did Swinkels Safety Systems and/or (c) Settlement Class Members purchased for import into suffer? Canada, a new or used

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

  • FALSE STATEMENTS; BREACH OF REPRESENTATIONS The Parties acknowledge that this Agreement has been negotiated, and is being executed, in reliance upon the information contained in the Application, and any supplements or amendments thereto, without which the Comptroller would not have approved this Agreement and the District would not have executed this Agreement. By signature to this Agreement, the Applicant:

  • Defendant’s Breach of Plea Agreement If the defendant commits any crimes, violates any conditions of release, or violates any term of this plea agreement between the signing of this plea agreement and the date of sentencing, or fails to appear for sentencing, or if the defendant provides information to the Probation Office or the Court that is intentionally misleading, incomplete, or untruthful, or otherwise breaches this plea agreement, the United States will be released from its obligations under this agreement. The defendant, however, will remain bound by the terms of the agreement, and will not be allowed to withdraw his plea of guilty. The defendant also understands and agrees that in the event he violates this plea agreement, all statements made by him to law enforcement agents subsequent to the execution of this plea agreement, any testimony given by him before a grand jury or any tribunal or any leads from such statements or testimony shall be admissible against him in any and all criminal proceedings. The defendant waives any rights that he might assert under the United States Constitution, any statute, Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule that pertains to the admissibility of any statements made by him subsequent to this plea agreement.

  • Due Execution This Agreement has been duly executed and delivered by such party and, with due authorization, execution and delivery by the other party, constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms.

  • Exclusion for Material Breach of this CIA 1. Definition of Material Breach. A material breach of this CIA means:

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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