Severability If any provision of this Consulting Agreement is invalid, illegal, or unenforceable, the balance of this Consulting Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.
Governing Law This Agreement is governed by, and shall be construed in accordance with, English law.
substantive provisions , in relation to an old Act, means the provisions of the old Act other than those dealing with matters dealt with in the Taxation Administration Act 2003.
Provision in relation to the Act, means words or other matter that form or forms part of the Act, and includes:
Illegality has the meaning specified in Section 5(b).
Other Provisions As specified in the Preliminary Prospectus Supplement dated September 9, 2015 relating to the Securities. Securities Exchange: The Series O Notes will not be listed on any exchange. Ratings: See Annex B Closing Date and Delivery Date: September 14, 2015 Closing Location: DLA Piper LLP (US) 0000 Xxxxx Xxxxxx Baltimore, Maryland 21209-3600 Address for Notices to Underwriters: X.X. Xxxxxx Securities LLC 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Facsimile: (000) 000-0000 Attention: Investment Grade Syndicate Desk U.S. Bancorp Investments, Inc. 000 Xxxxx Xxxxx Xxxxxx, 26th Floor Charlotte, North Carolina 28202 Xxxxx Fargo Securities, LLC 000 Xxxxx Xxxxx Xxxxxx, 5th Floor Charlotte, North Carolina 28202 Facsimile: (000) 000-0000 Attention: Transaction Management Representatives: X.X. Xxxxxx Securities LLC U.S. Bancorp Investments, Inc. Xxxxx Fargo Securities, LLC Underwriting Agreement: June 9, 2006 Registration Statement No.: 333-202172 Title of Securities: 3.750% Series P Notes due 0000 Xxxxxxxxx principal amount: $350,000,000 Price to Public: 98.876% of the principal amount of the Series P Notes, plus accrued interest, if any, from September 14, 2015 Underwriting Discount: 0.650% Indenture: Indenture dated as of November 16, 1998 between Marriott International, Inc. and The Bank of New York Mellon, as successor to JPMorgan Chase Bank, N.A., formerly known as The Chase Manhattan Bank, as trustee Date of Maturity: October 1, 2025 Interest Rate: 3.750% per annum, payable semiannually. Interest Payment Dates: April 1 and October 1, commencing April 1, 2016 CUSIP: 571903 AP8 Redemption Provisions: The Series P Notes may be redeemed in whole or in part from time to time prior to July 1, 2025 (three months prior to the maturity date of the notes), at the issuer’s option, at a redemption price equal to the greater of (1) 100% of the principal amount of the Series P Notes being redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest (not including accrued interest as of the redemption date) on the Series P Notes to be redeemed, discounted to the redemption date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate (the yield to maturity of the United States Treasury security, selected by a primary U.S. government securities dealer, having a maturity comparable to the remaining term of the Series P Notes being redeemed) plus 25 basis points, plus, in each case, accrued and unpaid interest on the Series P Notes to the redemption date. The Series P Notes may be redeemed in whole or in part from time to time on or after July 1, 2025 (three months prior to the maturity date of the notes), at the issuer’s option, at a redemption price equal to 100% of the principal amount of the notes being redeemed, plus any accrued and unpaid interest on the notes being redeemed to the redemption date.
former provisions means the provisions of the Petroleum Act 1936 which, by force of section 134 of the Petroleum Act are deemed to subsist and enure in their application to or in relation to the Xxxxxx Island Lease;
Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.
Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).
Adjustment Provisions means all relevant provisions of these Conditions which provide for any adjustment, delay, modification, cancellation or determination in relation to an Index, the valuation procedure for an Index or the Preference Shares. This shall include the provisions of Condition 11 (Calculation Agent Modifications) and all subsequent Conditions.
General Enforceability Exceptions has the meaning set forth in Section 4.1.
provisions means "provisions, terms, agreements, covenants and/or conditions"; (iii) "lien" shall mean "lien, charge, encumbrance, title retention agreement, pledge, security interest, mortgage and/or deed of trust"; (iv) "obligation" shall mean "obligation, duty, agreement, liability, covenant and/or condition"; (v) "any of the Leased Premises" shall mean "the Leased Premises or any part thereof or interest therein"; (vi) "any of the Land" shall mean "the Land or any part thereof or interest therein"; (vii) "any of the Improvements" shall mean "the Improvements or any part thereof or interest therein"; (viii) "any of the Equipment" shall mean "the Equipment or any part thereof or interest therein"; and (ix) "any of the Adjoining Property" shall mean "the Adjoining Property or any part thereof or interest therein".
Illegality Notice has the meaning specified in Section 3.02.
Supplemental Provisions means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.
Non-federally enforceable requirement means the following as they apply to emission units in a source requiring an air quality operating permit:
statutory provision means a provision of an Act or of an instrument made under an Act.
Invalid means one who is physically or mentally incapacitated.
Illegality Event means that:
Enforceability Limitations means limitations on enforcement and other remedies imposed by or arising under or in connection with applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, and other similar Laws relating to or affecting creditors’ rights generally from time to time in effect or general principles of equity (including concepts of materiality, reasonableness, good faith, and fair dealing with respect to those jurisdictions that recognize such concepts).
similar stage of construction means the stage at which:
13 Interest Payment Date".................................................................13 "Interest Rate Agreements"..............................................................13 "Inventory Facility"....................................................................14 "Investment"............................................................................14 "Issue Date"............................................................................14 "Lien"..................................................................................14 "Liquidated Damages"....................................................................14 "Manufacturer"..........................................................................15 "Maturity"..............................................................................15 "Moody's"...............................................................................15 "Net Cash Proceeds".....................................................................15 "Non-U.S. Person".......................................................................16 "Officers' Certificate".................................................................16 "Opinion of Counsel"....................................................................16 "Opinion of Independent Counsel"........................................................16 "Outstanding"...........................................................................16 "Pari Passu Indebtedness"...............................................................17 "Paying Agent"..........................................................................17 "Permitted Guarantor Junior Payment"....................................................17 "Permitted Holders".....................................................................17 "Permitted Investment"..................................................................18 "Permitted Junior Payment"..............................................................19 "Permitted Subsidiary Preferred Stock"..................................................19 "Person"................................................................................19 "
Binding Effect The provisions, covenants and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns.
ESG Pricing Provisions has the meaning specified in Section 2.18.
Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.
Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.
Governing Laws means the CRLPA, DRULPA, MULPL, KRULPA, TRLPA and FRULPA, as applicable.