Final Construction Sample Clauses

Final Construction. Finally, the screened and weighted portfolio is tested to assure appropriate representation in each of the 12 S&P 500 industry sectors (as set forth in Annex B). If any sector of the Portfolio is less than 65% of the S&P 500 weight, Aeltus will increase its investment in that sector sufficiently to meet this criterion. Similarly, if any sector is greater than 135% of the S&P weight, Aeltus will decrease its investment in that sector sufficiently to meet this criterion. The portfolio is generally rebalanced monthly to reflect changes in rank and/or weighting components. Use of Futures Transaction efficiency is improved by using S&P 500 futures. They will represent no more than 20% of the equity portfolio, and will not be leveraged or used for speculative purposes. ANNEX B SECTOR LIST Sector Abbreviation Sector Name ------------------- ----------- CAPG CAPITAL GOODS TECH TECHNOLOGY CONC CONSUMER CYCLICALS CONN CONSUMER NON-CYCLICALS XXXX HEALTH CARE RETL RETAILERS RAWM RAW MATERIALS XXXX TRANSPORTATION ENGY ENERGY XXXX FINANCIAL TELF TELEPHONE UTILITIES ELUT ELECTRIC UTILITIES ANNEX C SAMPLE CALCULATION OF HYPOTHETICAL TOTAL ASSET VALUE If Actual Data Based Then Hypothetical on Actual Expense Data if Higher Ratio in Asset Covered Expense Allocation Model Ratio had been used were: would be: ---------------------- ---------------------- Business Day Preceding Permanent Deficit Event: - Equity Percentage 30.0% 19.7% (a) - Discount Rate 5.50% 5.50% - Remaining Time to Maturity (in Years) 4.00 4.00 - Actual Expense Ratio in Asset Allocation Model 1.40% 1.40% - Higher Covered Expense Ratio 2.25% 2.25% - Gross Principal Guarantee $ 100,000,000 $ 100,000,000 - Present Value of Aggregate Guarantee Amount plus $ 85,093,654 $ 85,093,654 Present Value of Covered Expenses using Actual Expense Ratio - Present Value of Aggregate Guarantee Amount plus $ 87,982,971 $ 87,982,971 Present Value of Covered Expenses using Higher Covered Expense Ratio - Cash Equivalent Value $ 0 $ 0 - Equity Portfolio Value $ 28,052,853 $ 18,421,799 (b) - Fixed Income Portfolio Value $ 65,456,657 $ 75,087,712 (c) - Total Asset Value $ 93,509,510 $ 93,509,510 (d) - Adjusted Total Asset Value $ 85,093,654 $ 87,982,971 Date on Which Permanent Deficit Event Occurs - Change in Equity Portfolio Value -40.00% -40.00% (e) - Change in Disc. Rate -0.50% -0.50% - Change in Fixed Income Portfolio Value 2.00% 2.00% (f) - Cash Equivalent Value $ 0 $ 0 - Equity Portfolio Value $ 16,831,712 $ 11,053,079 (g) - Fix...
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Final Construction. Finally, the screened and weighted portfolio is tested to assure appropriate representation in each of the 12 S&P 500 industry sectors (as set forth in Annex B). If any sector of the Portfolio is less than 65% of the S&P 500 weight, Aeltus will increase its investment in that sector sufficiently to meet this criterion. Similarly, if any sector is greater than 135% of the S&P weight, Aeltus will decrease its investment in that sector sufficiently to meet this criterion. The portfolio is generally rebalanced monthly to reflect changes in rank and/or weighting components. Use of Futures Transaction efficiency is improved by using S&P 500 futures. They will represent no more than 20% of the equity portfolio, and will not be leveraged or used for speculative purposes.
Sample 1

Related to Final Construction

  • Initial Construction Landlord shall fully construct the base Building in accordance with the preliminary base building plans, including, without limitation, floor plans, elevations and site plan(s) (collectively, the "PBBP") and Base Building Outline Specifications attached hereto as Exhibits B-1 and B-2, respectively (all of such work being collectively referred to as the "Landlord's Work"). In the event of differences between the PBBP or the Landlord's Plans (as hereinafter defined) and the Base Building Outline Specifications, the Base Building Outline Specifications shall govern and control until the Landlord's Plans (as hereinafter defined) are prepared. A complete set of final base Building plans and construction drawings and specifications, such drawings and specifications to include a detail schedule of core base Building finish items such as, but not limited to, carpets, doors, hardware, ceiling grids/tiles, lavatory fixtures, light fixtures, window blinds, lobby finishes and paint/wall coverings (collectively, the "Landlord's Plans") shall be prepared by Landlord, at its sole cost and expense. Landlord and Tenant agree to work together with Landlord's architect, Symmes Maini and McKex Xxxociates, Inc. in order to achieve a design that meets the standard set forth below. Furthermore, Landlord agrees to use good faith and diligent efforts to deliver the Landlord's Plans to Tenant on or before May 1, 2000. Upon receipt, Tenant shall have seven (7) business days to comment upon the Landlord's Plans. Landlord and Tenant shall use reasonable efforts to reach agreement on the Landlord's Plans as soon thereafter as possible. In reaching agreement, Landlord and Tenant shall each approve portions of the Landlord's Plans that are in acceptable form and shall note their respective objections to the portions that are unacceptable to each of them so as to enable Landlord to continue construction and order materials in a timely manner. In the event that Landlord's Plans conform with the PBBP, but Tenant does not approve the Landlord's Plans within seven (7) business days of receipt thereof from Landlord, then the Outside Delivery Date (as hereinafter defined) shall be extended for a number of days equal to the number of Tenant Plan Delay Days, as such term is hereinafter defined. The number of Tenant Plan Delay Days are defined as and shall be calculated by determining the actual number of days as certified by Landlord and its architect that the Term Commencement Date was delayed by such Tenant's failure to approve the Landlord's Plans within the required seven (7) business days. Landlord agrees to provide Tenant with written notice of such determination, such notice to include reasonable detail describing the cause of the delay and the number of Tenant Plan Delay Days as certified by Landlord and its architect. If Tenant and Tenant's Architect (as hereinafter defined)

  • Neutral Construction The parties to this Agreement agree that this Agreement was negotiated fairly between them at arm's length and that the final terms of this Agreement are the product of the parties' negotiations. Each party represents and warrants that it has sought and received legal counsel of its own choosing with regard to the contents of this Agreement and the rights and obligations affected hereby. The parties agree that this Agreement shall be deemed to have been jointly and equally drafting by them, and that the provisions of this Agreement therefore should not be construed against a party or parties on the grounds that such party or parties drafted or was more responsible for the drafting of any such provision(s).

  • Legal Construction In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforceable term, provision, or agreement had never been contained herein.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Completion of Construction (a) For the purposes of this Agreement, the terms "

  • Language Construction The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • General Construction Principles Words in any gender are deemed to include the other genders. The singular is deemed to include the plural and vice versa. The headings and underlined paragraph titles are for guidance only and have no significance in the interpretation of this Agreement.

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

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