Authority for NNI To Enter Sample Clauses

Authority for NNI To Enter. Into This Agreement and Lifting of Automatic Stay. Within 10 days after execution of this Agreement by all Parties, NNI shall file a motion with the Delaware Bankruptcy Court seeking an order: (i) authorizing NNI to enter into and be bound by this Agreement; and (ii) modifying the automatic stay in the Delaware Bankruptcy Proceedings for the limited purpose of allowing the New Jersey Bankruptcy Court and the Parties to effectuate the class action settlement which is the subject of this Agreement (the “Bankruptcy Approval and Stay Relief Order”). As further discussed below, NNI will request that the Bankruptcy Approval and Stay Relief Order: (a) authorize NNI to advance the reasonably anticipated cost of the notice and administration of this class action settlement to or on behalf of Plaintiff, in an amount not to exceed $41,500; and (b) deem any judgment rendered by the New Jersey Bankruptcy Court awarding attorney’s fees and/or costs to Class Counsel in connection with the Wanland Litigation to be an allowed general unsecured claim against NNI, which claim shall constitute a portion of Claim No. 3911; provided, that to the extent such amount exceeds $100,000, the allowed general unsecured claim against NNI in respect of such fees and/or costs shall be $100,000 (the “Class Counsel Fees and Costs Claim” or Claim No. 3911.01), and Class Counsel shall have no other or further claims against NNI or otherwise in the Delaware Bankruptcy Proceedings. The settlement described herein is contingent upon entry of the Bankruptcy Approval and Stay Relief Order, and this Agreement will be automatically void and of no force or effect if such order is not entered.
Sample 1
AutoNDA by SimpleDocs

Related to Authority for NNI To Enter

  • Authority for Agreement The execution and delivery by the Company of this Subscription Agreement and the consummation of the transactions contemplated hereby (including the issuance, sale and delivery of the Securities) are within the Company’s powers and have been duly authorized by all necessary corporate action on the part of the Company. Upon full execution hereof, this Subscription Agreement shall constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies and (iii) with respect to provisions relating to indemnification and contribution, as limited by considerations of public policy and by federal or state securities laws.

  • AUTHORITY FOR ACTION Florida Administrative Code 6A-1.012 (11) (a)

  • Authority to Enter Agreement Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

  • Interested Party for the purpose of filing a dispute relating to a solicitation, as used in this section, means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a Contract or by the failure to award a Contract.

  • AUTHORITY AND PARTIES In accordance with the National Aeronautics and Space Act (51 U.S.C. § 20113(e)), this Agreement is entered into by the National Aeronautics and Space Administration Xxxx Research Center, located at Xxxxxxx Xxxxx, XX 00000 (hereinafter referred to as "NASA" or "NASA ARC") and Founder Institute, Incorporated located at 0000 Xx Xxxxxx Xxxx, Xxxx Xxxx, XX 00000-0000 (hereinafter referred to as "Partner" or "FI"). NASA and Partner may be individually referred to as a "Party" and collectively referred to as the "Parties."

  • HOW TO ENTER To enter, an Entrant must be (i) present at Staples Center and seated in his/her/their validly- assigned ticketed seat at the time the Contest Period begins and (ii) be displaying LA Clippers fandom through apparel, accessories, or signage, displaying LA Clippers name and/or colors.

  • No Restriction on Existing Examination and Investigative Authority That this Agreement shall in no way preclude any State Mortgage Regulator from exercising its examination or investigative authority authorized under the laws of the corresponding Participating State in the instance a determination is made wherein Respondent is found not to be adhering to the requirements of the Agreement, other than inadvertent and isolated errors that are promptly corrected by Respondent, or involving any unrelated matter not subject to the terms of this Agreement. The Parties agree that the failure of Respondent to comply with any term or condition of this Agreement with respect to a particular State shall be treated as a violation of an Order of the State and may be enforced as such. Moreover, Respondent acknowledges and agrees that this Agreement is only binding on the State Mortgage Regulators and not any other Local, State or Federal Agency, Department or Office.

  • Maintenance Retention and Audit of Records The Bank shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided pursuant to this Agreement, and shall make such information available at its office during the Purchase Period and for four years from the date of final payment of Reimbursement Obligations under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. The State Auditor may conduct an audit or investigation of any Bankholder receiving funds directly under this Agreement or indirectly through a participation agreement permitted pursuant to this Agreement. Acceptance of funds directly under this Agreement or indirectly through a participation agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit.

  • RETENTION AND AUDIT OF RECORDS CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Xxxx County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years after final payment under this Agreement.

  • Authority and Purpose 1. It is the intent of the State and the Union to maintain a drug and alcohol free workplace. This objective is accomplished through education, employee assistance, reasonable suspicion and random drug and alcohol testing, and discipline. Consistent with a Peace Officer’s sworn oath to uphold the laws of the State of California, each Bargaining Unit 6 Peace Officer employee shall not illegally use or be impaired from the use of a drug designated in subsection B.2 (1) through (9), or be impaired by use of alcohol while on the job.

Time is Money Join Law Insider Premium to draft better contracts faster.