Pursuant to Section. (i)" of Paragraph "B" of Article "20" of the Merger Agreement (the "Agreement") dated as of the 1st day of May, 2001, by and among Western Power & Equipment Corp., a Delaware corporation ("Western"), WPEC Acquisition Corp., a Delaware corporation ("Acquisition Corp."), and SupplyPoint, Inc., a Delaware corporation ("SPI"), Western and Acquisition Corp. hereby represent, warrant and covenant to SPI, that, as of the date hereof, all of the representations, warranties and covenants which are contained in the Agreement are true and accurate, including, but not limited to, those set forth below. Each of the capitalized terms which are used in this Certificate shall have the same meaning as is set forth in the Agreement. Western represents, warrants and covenants to SPI, as follows:
Pursuant to Section. [Section No.] of the PSA and [Section No.] of the Deed of Trust and Security Agreement, approval is requested to consent to the transfer of ownership of collateral and assumption of the subject Mortgage Loan, and sale of the property from ___________ ("Borrower") to a recently formed Single-Purpose Entity [if required] entitled ___________ ("Purchaser").
Pursuant to Section. [ ] of the Agreement, Allegiance requests your consents to the Assignment of the Agreement to Toronto Dominion (Texas), Inc., its successors and assigns ("TD"), as administrative agent on behalf of secured lenders as collateral for a financing to be entered into on or about April 1, 1999. In the event of a default by Allegiance or any of its subsidiaries under the financing, [Local Telephone Company] agrees that TD, as administrative agent or its designees may exercise any of the rights and privileges of Allegiance under the Agreement, including entering into [Local Telephone Company's] premises, and may request an assignment of the Agreement to a third party. [As provided in Section [ ] of the Agreement, your consent to such an assignment is subject to the provision of reasonable evidence of the assignee's resources, ability and authority to perform under the Agreement]. As you know, the FCC took action on March 18, 1999 to ensure local competition and the reasonable cooperation of RBOCs in connection with collocation arrangements. We therefore request your consent to the foregoing as promptly as possible. Very truly yours, [ ] ---------------------- CONSENTED TO: [Local Telephone Company] -------------------------
Examples of Pursuant to Section in a sentence
Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the procurement document declaring that they and all parties involved in the procurement process and contract execution have not engaged/will not engage in any corrupt or fraudulent practices.
Pursuant to Section 290.560 RSMo, Supplier/Contractor shall employ only Missouri laborers and laborers from nonrestrictive states except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the contractor and approved by the County.
Pursuant to Section 12-412 of the Connecticut General Statutes, the State of Connecticut is exempt from the payment of excise, transportation and sales taxes imposed by the Federal Government and/or the State.
Advance Notices Filed Pursuant to Section 806(e) of the Payment, Clearing and Settlement Supervision Act Not applicable.
Pursuant to Section 4113.61 of the Ohio Revised Code, Vendors shall promptly pay material suppliers, within ten (10) calendar days of receipt of payment from the State of Ohio, for materials ordered and delivered as a result of this contract.
More Definitions of Pursuant to Section
Pursuant to Section. 1 entitled "Appointment of Adviser," this writing is to provide notice of the addition of a new series, Xxxxxx Insight Emerging Markets Fund ("Emerging Markets Fund") under the Trust. Emerging Markets Fund is to be considered a Fund under the Agreement and shall be subject to the provisions of the Agreement to the same extent as the Funds named thereunder. The Trust shall pay, on behalf of Emerging Markets Fund, the Adviser a fee, computed and accrued daily and payable on the first business day of each month at an annual rate of 1.25% of the average daily net assets of Emerging Markets Fund. Such fee as is attributable to Emerging Markets Fund shall be a separate charge to Emerging Markets Fund and shall be the several (and not joint or joint and several) obligation of Emerging Markets Fund. The Trust requests that you act as Investment Adviser with respect to Emerging Markets Fund while continuing to act as Investment Adviser with respect to the Funds named in the Agreement. With respect to your employment of a Subadviser pursuant to the Agreement, it is understood that from time to time such Subadviser may employ or associate with such persons believed by the Subadviser to be particularly fitted to assist in the execution of its duties as Subadviser so long as (i) such association or employment in no way diminishes the Subadviser's obligations regarding such duties, and (ii) the cost of performance of such duties by another is borne and paid for by the Subadviser. If the foregoing is in accordance with your understanding, please so indicate by signing and returning to us the enclosed copy hereof.
Pursuant to Section. 7(e) of the Purchase Agreement, the accountants shall furnish letters to the Purchasers to the effect that:
Pursuant to Section. 9-103 of the New York UCC, (i) perfection of a possessory security interest in chattel paper is governed by the law of the jurisdiction in which the chattel paper is located "when the last event occurs on which is based the assertion that the security interest is perfected or unperfected" and (ii) perfection of a non-possessory security interest in chattel paper is governed by the law of the jurisdiction in which the debtor is located.
Pursuant to Section. 1 entitled "Appointment of Adviser," this writing is to provide notice of the addition of a new series, Xxxxxx Insight Small-Cap Value Fund ("Small-Cap Value Fund") under the Trust. Small-Cap Value Fund is to be considered a Fund under the Agreement and shall be subject to the provisions of the Agreement to the same extent as the Funds named thereunder. The Trust shall pay, on behalf of Small-Cap Value Fund, the Adviser a fee, computed and accrued daily and payable on the first business day of each month at an annual rate of 0.80% of the average daily net assets of Small-Cap Value Fund. Such fee as is attributable to Small-Cap Value Fund shall be a separate charge to Small-Cap Value Fund and shall be the several (and not joint or joint and several) obligation of Small-Cap Value Fund. The Trust requests that you act as Investment Adviser with respect to Small-Cap Value Fund while continuing to act as Investment Adviser with respect to the Funds named in the Agreement. If the foregoing is in accordance with your understanding, please so indicate by signing and returning to us the enclosed copy hereof. Sincerely, Xxxxxx Insight Funds Trust /s/ Xxxxxxx X. Xxxxxx -------------------------- Xxxxxxx X. Xxxxxx President Accepted: Xxxxxx Trust and Savings Bank /s/ Xxxxx X. Xxxxxxxx ---------------------- By: Xxxxx X. Xxxxxxxx
Pursuant to Section. [2.3] [2.8] of the Credit Agreement, this Notice of Borrowing ("NOTICE") represents the request of Borrower to borrow on [the date hereof] [________, [19] [20] ] (the "BORROWING DATE")(1) from the Lenders the principal amount of [$___________] in [Term Loans] [Revolving Credit Loans] as [Alternate Base Rate Loans] [Eurodollar Loans]. [$_________ of such Loans will be Eurodollar Loans.] [The initial Interest Period for such Eurodollar Loans is requested to be a [one, two, three or six] month period.] Proceeds of such Loans are to be wire-transferred in accordance with the following wire instructions: --------------------------- --------------------------- ---------------------------
Pursuant to Section. 1 entitled "Appointment of Adviser," this writing is to provide notice of the addition of a new series, Harris Insight Small-Cap Value Fund ("Small-Cap Value Fund") undxx xxx Trust. Small-Cap Value Fund is to be considered a Fund under the Agreement and shall be subject to the provisions of the Agreement to the same extent as the Funds named thereunder. The Trust shall pay, on behalf of Small-Cap Value Fund, the Adviser a fee, computed and accrued daily and payable on the first business day of each month at an annual rate of 0.80% of the average daily net assets of Small-Cap Value Fund. Such fee as is attributable to Small-Cap Value Fund shall be a separate charge to Small-Cap Value Fund and shall be the several (and not joint or joint and several) obligation of Small-Cap Value Fund. The Trust requests that you act as Investment Adviser with respect to Small-Cap Value Fund while continuing to act as Investment Adviser with respect to the Funds named in the Agreement. If the foregoing is in accordance with your understanding, please so indicate by signing and returning to us the enclosed copy hereof.
Pursuant to Section. 13(c) herein, the maximum aggregate amount of principal to be secured hereunder at any one time is $7,700,000. DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS (RICHMOND, VIRGINIA) from SHELBOURNE PROPERTIES II L.P. (as successor by merger to High Equity Partners L.P.-Series 86, a Delaware limited partnership) as Borrower having an address c/o Shearman & Sterling, 599 Lexington Avenue New York, New York 10000-0000 xx Alexander Title Agency Incorporated 5875 Trinity Parkway Centreville, Virginix 00000 xx Xxxxxxx SHELBOURNE MANAGEMENT LLC, as Lender having an address at c/o NorthStar Capital Investment Corp. 527 Madison Avenue, 16th Floor New York, Xxx Xxxx 00000 Xxxxxx Xxxxxxxxx: 0000 Xxxxxxxxx Xxxxxxx Richmond Virgxxxx Xxxxxx: Xxxxxxx Xxxxx xx xx Xxxxxxxx __, 0000 ---------------------------------------------------------- Record and Return to: Title Associates 825 Third Avenue, 12th Floor New York, XX 00000 Xxxx: Xxxxxxx Xxxx, XXX00-000 Page TABLE OF CONTENTS Page