Application of Preferences Sample Clauses

Application of Preferences. Bid Preferences and Local Preference will be considered when evaluating the offered prices. For ITQ awards valued up to and including $100,000, a 10% (ten percent) bid preference shall apply for certified Micro Business Enterprise (Micro) bidders. For awards valued over $100,000 and up to $1,000,000, a 10% (ten percent) bid preference shall apply for certified Micro and Small Business Enterprise (SBE) bidders. For awards valued over $1,000,000, a 5% (five percent) bid preference shall apply for certified Micro and SBE bidders. Micro and SBE firms must be certified, at the time of the ITQ, by Small Business Development (SBD) for the type of goods and/or services the enterprise provides in accordance with the applicable commodity code(s) for this solicitation. The resulting Micro/SBE bidders’ evaluation prices shall then be compared to the other offers to determine if Best and Final Offers (BAFO’s) need be requested in accordance with the Local Preference legislation.
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Application of Preferences. For evaluation purposes, the allowable preferences under the Act for this procurement shall be applicable to prime contractors as follows:
Application of Preferences. Following the identification of the NASPO ValuePoint apparent successful Offeror(s), the State of Alaska will apply its 5% Alaska Bidder preference, 5% Alaska Veteran Preference, 10% Alaskan Offeror preference and all other statutory and regulatory preferences that are claimed by eligible vendors. If it is determined after the application of preferences that the apparent successful Offeror(s) are the same, a Notice of Intent to Award will be issued and a Master Agreement will be negotiated and executed with the Offeror(s), and the State of Alaska may execute a participating addendum to enable purchases from the MA. If it is determined after the application of preferences the ranking is different.
Application of Preferences. Below-Market Rate Units shall be made available for rent or purchase to income-eligible persons and households in the following order of priority:
Application of Preferences. Following the identification of the NASPO ValuePoint apparent successful Offeror(s), the State of Alaska will apply it’s 5% Alaska Bidder preference, 5% Alaska Veteran Preference, 10% Alaskan Offeror preference and all other statutory and regulatory preferences that are claimed by eligible vendors. If it is determined after the application of preferences that the apparent successful Offeror(s) are the same a Notice of Intent to Award will be issued and a Master Agreement will be negotiated and executed with the Offeror(s) and the State of Alaska may execute a participating addendum to enable purchases from the MA. If it is determined after the application of preferences the ranking is different. A notice of Intent to Award will be issued and a National MA will be negotiated and executed with vendors not claiming State of Alaska preferences. This MA will be available for use by all governmental entities. A state of Alaska-specific MA will then be negotiated and executed with vendors that did claim State of Alaska preferences for use by State of Alaska governmental entities. The state of Alaska must participate in the State of Alaska MA but may also choose to participate in the National MA.
Application of Preferences. Bid and Local Preferences will be considered when evaluating the offered prices. Bid Preference and Local Preference will be considered when evaluating the offered prices, as permitted by funding sources. The Bid Preference shall be applied to the offers received from certified Micro/SBE bidders. The resulting Micro/SBE bidders’ evaluation prices shall then be compared to the other offers to determine if Best and Final Offers (BAFO’s) need be requested in accordance with the Local Preference legislation. For certification information, contact the Sustainability, Planning and Economic Enhancement Department, Small Business Development Division at 305-375-CERT (2378) or at: xxxx://xxx.xxxxxxxxx.xxx/sba/reports_cert_lists.asp.
Application of Preferences. Certain preferences apply to all contracts for professional services, regardless of their dollar value. The Alaska Bidder, Alaska Veteran, and Alaska Offeror preferences are the most common preferences involved in the RFP process. Additional preferences that may apply to this procurement are listed below. Guides that contain excerpts from the relevant statutes and codes, explain when the preferences apply and provide examples of how to calculate the preferences are available at the Department of Administration, Division of General Service’s web site: xxxx://xxx.xxxxxx.xxx/dgs/policy.html Alaska Products Preference - AS 36.30.332 Recycled Products Preference - AS 36.30.337 Local Agriculture and Fisheries Products Preference - AS 36.15.050 Employment Program Preference - AS 36.30.321(b) Alaskans with Disabilities Preference - AS 36.30.321(d) Alaska Veteran’s Preference - AS 36.30.321(f) The Division of Vocational Rehabilitation in the Department of Labor and Workforce Development keeps a list of qualified employment programs and individuals who qualify as persons with a disability. As evidence of a business’ or an individual's right to the Employment Program or Alaskans with Disabilities preferences, the Division of Vocational Rehabilitation will issue a certification letter. To take advantage of these preferences, a business or individual must be on the appropriate Division of Vocational Rehabilitation prior to the time designated for receipt of proposals. Offerors must attach a copy of their certification letter to the proposal. An Offeror's failure to provide this certification letter with their proposal will cause the state to disallow the preference.
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Related to Application of Preferences

  • Reservation of Preferred Stock The Preferred Stock issuable upon exercise of the Warrantholder's rights has been duly and validly reserved and, when issued in accordance with the provisions of this Warrant Agreement, will be validly issued, fully paid and non-assessable, and will be free of any taxes, liens, charges or encumbrances of any nature whatsoever; provided, however, that the Preferred Stock issuable pursuant to this Warrant Agreement may be subject to restrictions on transfer under state and/or Federal securities laws. The Company has made available to the Warrantholder true, correct and complete copies of its Charter and Bylaws, as amended. The issuance of certificates for shares of Preferred Stock upon exercise of the Warrant Agreement shall be made without charge to the Warrantholder for any issuance tax in respect thereof, or other cost incurred by the Company in connection with such exercise and the related issuance of shares of Preferred Stock. The Company shall not be required to pay any tax which may be payable in respect of any transfer involved and the issuance and delivery of any certificate in a name other than that of the Warrantholder.

  • Application of other Provisions If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present Agreement contain a regulation, whether general or specific, entitling investments by nationals of the other Contracting Party to a treatment more favourable than is provided for by the present Agreement, such regulation shall to the extent that it is more favourable prevail over the present Agreement.

  • Conversion of Preferred Stock If the Class is a class and series of the Company’s convertible preferred stock, in the event that all outstanding shares of the Class are converted, automatically or by action of the holders thereof, into common stock pursuant to the provisions of the Company’s Certificate of Incorporation, including, without limitation, in connection with the Company’s initial, underwritten public offering and sale of its common stock pursuant to an effective registration statement under the Act (the “IPO”), then from and after the date on which all outstanding shares of the Class have been so converted, this Warrant shall be exercisable for such number of shares of common stock into which the Shares would have been converted had the Shares been outstanding on the date of such conversion, and the Warrant Price shall equal the Warrant Price in effect as of immediately prior to such conversion divided by the number of shares of common stock into which one Share would have been converted, all subject to further adjustment thereafter from time to time in accordance with the provisions of this Warrant.

  • Application of Prepayments Prior to any optional or mandatory prepayment hereunder, the Borrower shall select the Borrowing or Borrowings to be prepaid and shall specify such selection in the notice of such prepayment pursuant to Section 2.10(i), subject to the provisions of this Section 2.10(h). Any prepayments pursuant to Section 2.10(c), (d), (e) and (f) shall be applied pro rata amongst each Tranche of outstanding Term Loans and, within each Tranche, first, to accrued interest and fees with respect to Term Loans being prepaid and second, to reduce remaining scheduled payments required under Section 2.09 (or any equivalent provision applicable to any Tranche of Term Loans extended hereunder after the Closing Date) as directed by the Borrower (or, in the case of no direction, in direct order of maturity). Any prepayment of Term Loans pursuant to Section 2.10(a) shall be applied as directed by the Borrower (or, in the case of no direction, in direct order of maturity). After application of mandatory prepayments of Term Loans described above in this Section 2.10(h) and to the extent there are mandatory prepayment amounts remaining after such application, such amounts shall be applied as directed by the Borrower. Amounts to be applied pursuant to Section 2.10(h) to the prepayment of Loans shall be applied, first to reduce outstanding ABR Loans, if any. Any amounts remaining after each such application shall be applied to prepay Eurodollar Loans, if any. Notwithstanding the foregoing, if the amount of any prepayment of Loans required under this Section 2.10 shall be in excess of the amount of the ABR Loans at the time outstanding (an “Excess Amount”), only the portion of the amount of such prepayment as is equal to the amount of such outstanding ABR Loans shall be immediately prepaid and, at the election of the Borrower, the Excess Amount shall be either (A) deposited in an escrow account and applied to the prepayment of Eurodollar Loans on the last day of the then next-expiring Interest Period for Eurodollar Loans; provided that (i) interest in respect of such Excess Amount shall continue to accrue thereon at the rate provided hereunder for the Loans which such Excess Amount is intended to repay until such Excess Amount shall have been used in full to repay such Loans and (ii) at any time while an Event of Default has occurred and is continuing, the Administrative Agent may, and upon written direction from the Required Lenders shall, apply any or all proceeds then on deposit to the payment of such Loans in an amount equal to such Excess Amount or (B) prepaid immediately, together with any amounts owing to the Lenders under Section 2.13. Notwithstanding anything herein to the contrary, with respect to any prepayment under Section 2.10(c), (e) or (f), the Borrower may use a portion of the Net Cash Proceeds to prepay or repurchase Permitted Incremental Equivalent Debt, Permitted Pari Passu Refinancing Debt and any other senior Indebtedness in each case secured by the Collateral on a pari passu basis with the Liens securing the Obligations (the “Applicable Other Indebtedness”) to the extent required pursuant to the terms of the documentation governing such Applicable Other Indebtedness, in which case, the amount of the prepayment required to be offered with respect to such Net Cash Proceeds pursuant to Section 2.10(c), (e) or (f) shall be deemed to be the amount equal to the product of (x) the amount of such Net Cash Proceeds multiplied by (y) a fraction, the numerator of which is the outstanding principal amount of Term Loans required to be prepaid pursuant to Section 2.10(c), (e) or (f) and the denominator of which is the sum of the outstanding principal amount of such Applicable Other Indebtedness and the outstanding principal amount of Term Loans required to be prepaid pursuant to Section 2.10(c), (e) or (f).

  • Application of Collections On each Payment Date, all collections for the related Collection Period shall be applied by the Servicer as follows:

  • Application of other Rules If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present Agreement contain rules, whether general or specific, entitling investments by investors of the other Contracting Party to a treatment more favourable than is provided for by the present Agreement, such rules shall to the extent that they are more favourable prevail over the present Agreement.

  • Conversion of Preferred Shares If, at any time, any of the Preferred Shares are converted into REIT Shares, in whole or in part, then a number of Partnership Preferred Units equal to the number of Preferred Shares so converted shall automatically be converted into a number of Partnership Common Units equal to (i) the number of REIT Shares issued upon such conversion divided by (ii) the Adjustment Factor then in effect, and the Percentage Interests of the General Partner and the Limited Partners shall be adjusted to reflect such conversion.

  • Application of Agreement 4.1 This Agreement applies to:

  • Application of prepayment The provisions of Clause 8 shall apply in relation to the prepayment.

  • Application of Proceeds The Collateral Agent shall apply the proceeds of any collection, sale, foreclosure or other realization upon any Collateral, including any Collateral consisting of cash, as follows: FIRST, to the payment of all costs and expenses incurred by the Administrative Agent or the Collateral Agent (in their respective capacities as such hereunder or under any other Loan Document) in connection with such collection, sale, foreclosure or realization or otherwise in connection with this Agreement, any other Loan Document or any of the Obligations, including all court costs and the reasonable fees and expenses of its agents and legal counsel, the repayment of all advances made by the Collateral Agent or the Administrative Agent hereunder or under any other Loan Document on behalf of any Grantor and any other costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Loan Document; SECOND, to the payment in full of Unfunded Advances/Participations (the amounts so applied to be distributed between or among the Administrative Agent, any Swingline Lender and any Issuing Bank pro rata in accordance with the amounts of Unfunded Advances/Participations owed to them on the date of any such distribution); THIRD, to the payment in full of all other Obligations (the amounts so applied to be distributed (subject to the first proviso to Section 3.01 and clause (B) of the first proviso to Section 4.01(a)) among the Secured Parties pro rata in accordance with the amounts of the Obligations owed to them on the date of any such distribution); and FOURTH, to the Grantors, their successors or assigns, or as a court of competent jurisdiction may otherwise direct. The Collateral Agent shall have absolute discretion as to the time of application of any such proceeds, moneys or balances in accordance with this Agreement. Upon any sale of Collateral by the Collateral Agent (including pursuant to a power of sale granted by statute or under a judicial proceeding), the receipt of the Collateral Agent or of the officer making the sale shall be a sufficient discharge to the purchaser or purchasers of the Collateral so sold and such purchaser or purchasers shall not be obligated to see to the application of any part of the purchase money paid over to the Collateral Agent or such officer or be answerable in any way for the misapplication thereof.

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