Assuming. (i) The property is let on the relevant review date for a term of 5 years but otherwise on the same terms as are in this lease except for the amount of the rent payable but including the provisions for review;
Assuming. (i) the due authorization, execution and delivery of the Transaction Agreements by each of the parties to each such document (other than Federal Express), (ii) each such party has full power and legal right to enter into and perform its respective obligations under the Transaction Agreements, (iii) that the execution, delivery and performance by each of the Transaction Agreements by each of the parties thereto will not violate the respective parties' constituent documents, (iv) the due authorization, execution, issuance and delivery by the Owner Trustee, and the due authentication by the Indenture Trustee, of the Certificates to be issued under the Indenture in accordance with the terms of the Indenture, (v) that the Original Loan Certificates are delivered by the Original Loan Participants to the Indenture Trustee for cancellation and are cancelled, (vi) the due authorization, execution, issuance, delivery and authentication by the Pass Through Trustee of the Pass Through Certificates to be issued under the Pass Through Agreement and the Series Supplement relating to such Pass Through Certificates, in each case in accordance with the terms of the Pass Through Agreement and such Series Supplement, and (vii) that the form of each Transaction Agreement is in compliance with all applicable laws and governmental rules and regulations (other than the laws of the United States and the State of New York), then: (A) to the extent governed by New York law, each Transaction Agreement in form constitutes a legal, valid and binding agreement of each party thereto enforceable against each such party in accordance with its terms; (B) the Original Indenture created, and the Indenture creates, for the benefit of the Holders, the security interest in the Trust Indenture Estate that they purport to create; (C) the Certificates, when issued to and acquired by the Pass Through Trustee, will be legal, valid and binding obligations of the Owner Trustee enforceable against the Owner Trustee in accordance with their terms and the terms of the Indenture and will be entitled to the benefits of the Indenture, including the benefit of the security interest created thereby; (D) the Pass Through Certificates, when issued to and acquired by the Underwriters in accordance with the Underwriting Agreement, will be legal, valid and binding obligations of the Pass Through Trustee enforceable against the Pass Through Trustee in accordance with their terms and will be entitled to the benefits ...
Assuming. (a) the due authorization, execution and delivery of the Capital Securities Guarantee Agreement by Dominion and (b) the due execution of the Capital Securities Guarantee Agreement by the Guarantee Trustee, the Capital Securities Guarantee constitutes a valid and legally binding obligation of Dominion, enforceable against Dominion in accordance with its terms.
Assuming. (a) the due authorization, execution and issuance of the Senior Notes by the Company and (b) the due authentication by the Trustee, upon payment and delivery of the SPUS in accordance with the Underwriting Agreement, the Senior Notes will constitute valid and legally binding obligations of the Company, enforceable against the Company in accordance with their terms and entitled to the benefits of the Indenture.
Assuming. (a) Contractor’s full and satisfactory performance under the Contract for the duration of the Original Term, and (b) the corresponding compensation identified in paragraph 5; the maximum number of dollars that the Department may be obligated to pay to the Contractor under the terms of the Contract for the Original Term is: $ 137,854,800.00 (Initial Contract Amount). Assuming: (a) Contractor’s full and satisfactory performance under the Contract for the duration of its Total Possible Term, and (b) the corresponding compensation identified in paragraph 5, the maximum number of dollars that the Department may be obligated to pay to the Contractor under the terms of the Contract for the Total Possible Term is: $ 347,861,200.00 (Total Projected Contract Amount). If either the Total Projected Contract Amount or the amount the Department may be obligated to pay the Contractor in any given year of the Original Term, or the Total Possible Term of the Contract meets or exceeds the threshold of Ark. Code. Xxx. § 00-00-000, the Contract shall be submitted for legislative review prior to its effective date.
Assuming full exercise of conversion rights under the Convertible Note, Junefield HV Metals will directly own approximately 31.32% of the enlarged total issued share capital of Latin Resources (assuming no other new shares having been issued).
Assuming. (i) the Owner Participant is acquiring the Member Interest for its own account and not with a view to, or for resale in connection with, the distribution or public offering thereof, (ii) the parties have not engaged in or conducted any general solicitation or general advertising or similar activities in the United States in connection with the offer and sale of the Member Interest, and (iii) the absence of any "directed selling efforts" (as defined in Regulation S under the Securities Act of 1933, as amended (the "Act")), the offering and sale of the Member Interest in the manner contemplated by the Participation Agreement does not require registration under the Act.
Assuming. When you assume something, you take for granted that it is true without having the facts. If you missed a ball game because you assumed it would be called off due to rain when, in fact, it was not, you used the thinking error “assuming.”
Assuming. (a) ongoing compliance with all of the provisions of the Pooling and Servicing Agreement and (b) the filing of elections, in accordance with the Pooling and Servicing Agreement, to be treated as "real estate mortgage investment conduits" ("REMICs") pursuant to Section 860D of the Internal Revenue Code of 1986, as amended (the "Code") for Federal income tax purposes, REMIC I and REMIC II of the Trust Fund will qualify as REMICs as of the Closing Date and will continue to qualify as REMICs for so long as there is compliance with amendments after the date hereof to any applicable provisions of the Code and applicable Treasury Regulations.
Assuming. (i) the accuracy of the information provided by the Investors in the Subscription Documents, (ii) that Maxim has complied in all material respects with the requirements of Section 4(2) of the Act (and the provisions of Regulation D promulgated thereunder), and (iii) the filing of Form D relating to the Private Placement, the issuance and sale of the Units, and the securities included therein, is exempt from registration under the Act and Regulation D promulgated thereunder;
