Matters to be Submitted Sample Clauses

Matters to be Submitted. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.
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Matters to be Submitted. Within twenty (20) days from the Effective Date, Sellers shall deliver to Purchaser, at Sellers’ sole cost and expense, the following items (hereinafter referred to as the “Submission Matters”):
Sample 1
Matters to be Submitted. Within five (5) business days following the Effective Date, to the extent not previously delivered by Sellers to Purchaser, Sellers shall deliver to Purchaser or make available at the offices of Sellers' property manager, Gumberg Property Investors, Inc. (the "Property Manager") the following items (collectively, the "Submission Matters"); provided, that Sellers shall not be obligated to deliver any such Submission Matter to the extent such Submission Matter is not actually in the possession or reasonable control of Sellers or the Property Manager and Sellers shall have no liability and no further obligations to Purchaser hereunder as a result of Sellers' failure to deliver any Submission Matter which is not actually in Sellers' possession or the possession of the Property Manager. Neither Sellers nor the Property Manager shall be obligated to take legal action or incur any material expense or effort in order to obtain any Submission Matters that are in the possession of third parties:
Sample 1
Matters to be Submitted. Seller has delivered to Purchaser or made available at the offices of Seller's property manager, Professional Real Estate Services, Inc., or Seller's asset manager, Falcon Real Estate Investment Company, L.P. (such property manager and such asset manager are collectively, the "Property Manager"), the following items (collectively, the "Submission Matters"); provided, however, that Seller shall have no obligation to deliver to Purchaser any Submission Matters which are not actually in Seller's possession or the possession of the Property Manager. Neither Seller nor the Property Manager shall be obligated to take legal action or incur any material expense or effort in order to obtain any Submission Matters that are in the possession of third parties:
Sample 1
Matters to be Submitted. Seller will use its best efforts to deliver to Purchaser, to the extent such matters are within its possession, within ten (10) business days after the Effective Date the following: (i) copies of current real estate tax bills and tax certificates issued by the County Treasurer covering the real and personal property comprising the Property, (ii) copies of all studies, site plans, surveys, soil and substrata studies, architectural and engineering plans and specifications, environmental studies, audits or assessments, landscape plans and traffic studies, (iii) copies of any service, maintenance or other agreements which are not evidenced by a written agreement, (iv) copies of all Warranties, (v) copies of all leases and occupancy agreements, if any, and if any such lease or occupancy agreements is oral, a statement setting forth the relevant terms of the agreement, (vi) copies of all permits concerning the construction, use and occupancy of the Property, (vii) copies of any construction contracts covering the Improvements or any additions or alterations to the Improvements, (viii) evidence of the casualty insurance maintained by Seller with respect to the Property; (ix) a complete inventory of all of the Personal Property, (x) copies of records of Seller for calendar years 2000, 2001, and through October of 2002 relating to repairs and maintenance work performed on the Improvements, (xi) copies of current bills for water, gas, electric and sewer charge relating to the Property, and (xii) copies of notices of any building or zoning code violations relating to the Improvements, if any. Seller will use its best efforts to obtain operating statements for the Property from XEL Communications, Inc. ("XEL") for the period commencing January 1, 1999 through November 1, 2002, and, if successful, will deliver them to Purchaser.
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Related to Matters to be Submitted

  • Documents to Be Given to Trustee The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall be entitled to receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this Article Eight complies with the applicable provisions of this Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been satisfied.

  • Items to be Furnished Borrower shall cause the following to be furnished to Administrative Agent for delivery to Lenders:

  • Authorization of Actions to Be Taken (a) Each Holder of Securities, by its acceptance thereof, consents and agrees to the terms of each Security Document and the Intercreditor Agreement, as originally in effect and as amended, supplemented or replaced from time to time in accordance with its terms or the terms of this Indenture, authorizes and directs the Trustee and the Collateral Agent to enter into the Security Documents to which it is a party, authorizes and empowers the Trustee to direct the Collateral Agent to enter into, and the Collateral Agent to execute and deliver, the Intercreditor Agreement, and authorizes and empowers the Trustee and the Collateral Agent to bind the Holders of Securities and other holders of Obligations as set forth in the Security Documents to which it is a party and the Intercreditor Agreement and to perform its obligations and exercise its rights and powers thereunder.

  • Documents to be Furnished The following documents, including any amendments thereto, will be provided contemporaneously with the execution of the Agreement to the Custodian by the Trust:

  • Information to be Supplied The Lessee shall —

  • Acceptance of Appointment and Other Matters Relating to the Servicer (a) The Servicer shall service and administer the Receivables, shall collect payments due under the Receivables and shall charge-off as uncollectible Receivables, all in accordance with its customary and usual servicing procedures for servicing wholesale receivables comparable to the Receivables which the Servicer services for its own account and in accordance with the Floorplan Financing Guidelines. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable. Without limiting the generality of the foregoing and subject to Section 10.01, the Servicer is hereby authorized and empowered, unless such power and authority is revoked by the Trustee on account of the occurrence of a Service Default pursuant to Section 10.01, (i) to instruct the Trustee to make withdrawals and payments from the Collection Account and any Series Account as set forth in this Agreement, (ii) to instruct the Trustee to take any action required or permitted under any Enhancement, (iii) to execute and deliver, on behalf of the Trust for the benefit of the Certificateholders and the other Beneficiaries, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables, (iv) to make any filings, reports, notices, applications, registrations with, and seek any consents or authorizations from, the Securities and Exchange Commission and any State securities authority on behalf of the Trust as may be necessary or advisable to comply with any Federal or State securities laws or reporting requirement, and (v) to delegate certain of its servicing, collection, enforcement and administrative duties hereunder with respect to the Accounts and the Receivables to any Person who agrees to conduct such duties in accordance with the Floorplan Financing Guidelines and this Agreement; provided, however, that the Servicer shall notify the Trustee, the Rating Agencies, any Agent and any Enhancement Providers in writing of any such delegation of its duties which is not in the ordinary course of its business, that no delegation will relieve the Servicer of its liability and responsibility with respect to such duties and that the Rating Agency Condition shall have been satisfied with respect to any such delegation. The Trustee shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder.

  • Responsibility of Issuing Bank With Respect to Requests for Drawings and Payments In determining whether to honor any drawing under any Letter of Credit by the beneficiary thereof, Issuing Bank shall be responsible only to examine the documents delivered under such Letter of Credit with reasonable care so as to ascertain whether they appear on their face to be in accordance with the terms and conditions of such Letter of Credit. As between Borrower and Issuing Bank, Borrower assumes all risks of the acts and omissions of, or misuse of the Letters of Credit issued by Issuing Bank, by the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, Issuing Bank shall not be responsible for: (i) the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for and issuance of any such Letter of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (ii) the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any such Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; (iii) failure of the beneficiary of any such Letter of Credit to comply fully with any conditions required in order to draw upon such Letter of Credit; (iv) errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex or otherwise, whether or not they be in cipher; (v) errors in interpretation of technical terms; (vi) any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any such Letter of Credit or of the proceeds thereof; (vii) the misapplication by the beneficiary of any such Letter of Credit of the proceeds of any drawing under such Letter of Credit; or (viii) any consequences arising from causes beyond the control of Issuing Bank, including any Governmental Acts; none of the above shall affect or impair, or prevent the vesting of, any of Issuing Bank’s rights or powers hereunder. Without limiting the foregoing and in furtherance thereof, any action taken or omitted by Issuing Bank under or in connection with the Letters of Credit or any documents and certificates delivered thereunder, if taken or omitted in good faith, shall not give rise to any liability on the part of Issuing Bank to Borrower. Notwithstanding anything to the contrary contained in this Section 2.4(c), Borrower shall retain any and all rights it may have against Issuing Bank for any liability arising solely out of the gross negligence or willful misconduct of Issuing Bank.

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