Agency Capacity Sample Clauses

Agency Capacity. Wilmington Trust is entering into this Amendment in its capacities as Second Lien Trustee and Second Lien Collateral Trustee, and not in its individual or corporate capacity. In acting hereunder, Wilmington Trust in each of its capacities shall be all of the rights, privileges and immunities under each of the applicable Second Lien Documents in acting hereunder.
Sample 1
Agency Capacity. Agency acknowledges that increasing Agency’s capacity to serve Clients, as set out in the Plan, is a condition to its retention of the Asset under Section 4.1.
Sample 1
Agency Capacity. 8. Individuals who are currently receiving Commonwealth funded disability programs and/or Western Australian disability programs, and are not currently accessing the DSC funded or provided programs, are included in Tables 4 and 5 as ‘estimated new consumers and current consumers of other service systems’.
Sample 1
Agency Capacity. (a) Wilmington Trust, National Association is entering into this Priority Confirmation Joinder solely in its capacity as Second Lien Collateral Trustee, and not in its individual or corporate capacity. In entering into this Priority Confirmation Joinder and acting under the Intercreditor Agreement, the Second Lien Collateral Trustee shall be entitled to all of the rights, privileges, immunities and indemnities granted to it under the Second Lien Collateral Trust Agreement and the Indenture as if such rights, privileges, immunities and indemnities were set forth herein and in the Intercreditor Agreement.
Sample 1
Agency Capacity. Wilmington Trust is entering into this Amendment in its capacities as Original Second Lien Trustee, Second Lien Trustee, Third Lien Trustee, Second Lien Collateral Trustee and Third Lien Collateral Trustee, and not in its individual or corporate capacity. In acting hereunder, Wilmington Trust in each of its capacities shall be all of the rights, privileges and immunities under each of the applicable Second Lien Documents or Third Lien Documents in acting hereunder.
Sample 1

Related to Agency Capacity

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement; Boundless - Capitalization

  • Acting Capacity When an employee is assigned temporarily to a job for which he/she is qualified in a higher pay grade for a period of five (5) days or his/her regular workweek, whichever is less, the employee shall be paid retroactively from the initial date of the temporary transfer for the duration of the temporary assignment. The employee shall be paid as if he/she had been promoted during such assignment. In no event may an employee acquire any status in a higher classification as a result of his/her temporary assignment. Acting capacity assignments shall not be made on an arbitrary or capricious basis. Employees shall not be rotated in acting capacity in an arbitrary or capricious manner in order to avoid payment of acting capacity pay. This Article shall not be used in lieu of the proper processing of any request for reclassification or reallocation of a position pursuant to Article 48, Reclassifications, or the filling of a vacancy pursuant to Article 56, Seniority.

  • Trustee Capacity It is expressly understood and agreed by the parties hereto that (i) this Assignment Agreement is executed and delivered by U.S. Bank National Association, not individually or personally but solely on behalf of GSAA Home Equity Trust 2006-3, as the Assignee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements by U.S. Bank National Association is made and intended for the purpose of binding only the GSAA Home Equity Trust 2006-3, (iii) nothing herein contained shall be construed as creating any liability for U.S. Bank National Association, individually or personally, to perform any covenant (either express or implied) contained herein, and all such liability, if any, is hereby expressly waived by the parties hereto, and such waiver shall bind any third party making a claim by or through one of the parties hereto, and (iv) under no circumstances shall U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of the GSAA Home Equity Trust 2006-3, or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the GSAA Home Equity Trust 2006-3 under this Assignment Agreement, the Trust Agreement or any related document.

  • Fiduciary Capacity If Investor is purchasing the Shares in a fiduciary capacity for another person or entity, including without limitation a corporation, partnership, trust or any other entity, the Investor has been duly authorized and empowered to execute this Agreement and all other subscription documents. Upon request of the Company, Investor will provide true, complete and current copies of all relevant documents creating the Investor, authorizing its investment in the Company and/or evidencing the satisfaction of the foregoing.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Contract Capacity The capacity of the Project at any time shall be the lower of the following: (A) the contract capacity in MW designated in the Cover Sheet or (B) the Net Rated Output Capacity of the Project (the “Contract Capacity”). Throughout the Delivery Term, Seller shall sell all Product produced by the Project solely to Buyer. In no event shall Buyer be obligated to receive, in any Settlement Interval, any Surplus Delivered Energy. Seller shall not receive payment for any Surplus Delivered Energy. To the extent Seller delivers Surplus Delivered Energy to the Delivery Point in a Settlement Interval in which the Real-Time Price for the applicable PNode is negative, Seller shall pay Buyer an amount equal to the Surplus Delivered Energy (in MWh) during such Settlement Interval, multiplied by the absolute value of the Real-Time Price per MWh for such Settlement Interval.

  • Maximum Capacity 5.1 The Maximum Import Capacity and the Maximum Export Capacity for this BCA are specified at Schedule 1.

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Power and Capacity The Buyer has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Buyer’s valid, legal and binding obligation and is enforceable against it in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights and to general principles of equity, regardless of whether such enforceability is considered in equity or at law;

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.