Acknowledgements and Undertakings. Each of the Fourth Issuer Secured Creditors hereby acknowledges the assignments, charges and other security interests made or granted by the foregoing provisions of this CLAUSE 3 and undertakes to the Security Trustee not to do anything inconsistent with the security given under or pursuant to this Deed or knowingly to prejudice the security granted to the Security Trustee pursuant to this CLAUSE 3 or the Fourth Issuer Charged Property or the Security Trustee's interest therein provided that, without prejudice to CLAUSE 9 (Receiver), nothing in this Deed shall be construed as limiting the rights exercisable by the aforesaid parties in accordance with the terms of the Fourth Issuer Transaction Documents.
Acknowledgements and Undertakings. (a) The Borrower and the Subsidiary Guarantors agree and acknowledge that certain of the Specified Defaults (as defined in the First Forbearance Agreement) occurred during the First Forbearance Period and that the Specified Defaults (as defined in section 1(c)) might occur or continue during the Forbearance Period (as defined in section 1(a)) and that certain of the Specified Defaults (as defined in the First Forbearance Agreement) constituted, and the Specified Defaults (as defined in section 1(c)) should they occur will constitute material Events of Default.
Acknowledgements and Undertakings. 4.1 Funding 2
Acknowledgements and Undertakings. 8 5. Restrictions on Exercise of Certain Rights ...................................................................................... 11 6. Payments out of Funding 2 Accounts Prior to Acceleration ............................................................. 12 7. Payments out of Funding 2 Accounts Upon Acceleration ................................................................ 15 8. Enforcement by the Funding 2 Security Trustee .............................................................................. 15 9. Enforcement of Funding 2 Security ................................................................................................ 17 10. Receiver ......................................................................................................................................... 19 11.
Acknowledgements and Undertakings. 6 5. Restrictions on Exercise of Certain Rights...........................8 6. Payments out of the Master Issuer Transaction Accounts Prior to Enforcement.........................................................10 7. Payments out of the Master Issuer Transaction Accounts Upon Enforcement.........................................................14 8. Enforcement by the Master Issuer Security Trustee...................16 9.
Acknowledgements and Undertakings. The Concessionaire shall be responsible for obtaining all surveys zoning, planning permissions32 and/or clearances for the development of the Works and information for carrying out its obligations under the Contract. The Council shall assist the Concessionaire in obtaining the above on the basis set out in 9.5 for the duration of the Contract Term and on the basis that same shall be transferable to the Council and/or any Substitute Entity appointed in terms hereof. Subject to the other provisions of this Contract and to any warranty given by the Council as set out in this Contract, the Council shall not be liable for any costs or delays arising due to the Concessionaire's failure to perform its obligations under 13 due to any lack of knowledge which the Concessionaire is deemed to have hereunder. The Council undertakes that it will not for duration of the Contract Term sell, dispose of, encumber or grant any right of security in respect of the Existing Assets without the prior written approval of the Concessionaire and the Lenders. The Council undertakes to cede and assign to the Concessionaire all warranties received by it from any equipment manufacturers in respect of any software and/or hardware associated with or connected to the Existing Assets.
Acknowledgements and Undertakings. Each of the Secured Creditors hereby acknowledges the Security Interests made or granted by the foregoing provisions of this Clause 3 and undertakes to the Security Trustee not to do anything inconsistent with the Security given under or pursuant to this Deed or knowingly to prejudice the Security granted to the Security Trustee pursuant to this Clause 3 or the Secured Property or the Security Trustee's interest therein provided that, without prejudice to Clause 8 (Receiver), nothing herein shall be construed as limiting the rights exercisable by the aforesaid parties in accordance with and subject to the terms of the other Transaction Documents.
Acknowledgements and Undertakings. 6.1 The Distributor hereby acknowledges that the Adviser Software Applications is proprietary to the Product Issuer. Title to the Adviser Software Applications and all related patent, copyright, trademark, trade secret, intellectual property and other ownership rights will be and remain exclusively with the Product Issuer. This Agreement does not provide an agreement for the sale the Adviser Software Applications, and no title, patent, copyright, trademark, trade secret, intellectual property and other ownership rights to the Adviser Software Applications are transferred to the Distributor by virtue of this Agreement.
Acknowledgements and Undertakings a. You acknowledge that:
Acknowledgements and Undertakings. 5 5. Restrictions on Exercise of Certain Rights.............................6 6. Payments out of the Issuer Accounts Prior to Acceleration..............7 7. Payments out of the Issuer Accounts Upon Acceleration..................9 8. enforcement by the issuer security trustee............................14 9.
