Available Funds. The Company will distribute its Available Funds to the Member in such amounts and at such times as the Member may determine.
Available Funds. 1.1 AVAILABILITY AVIF will make Shares of each Fund available to LIFE COMPANY for purchase and redemption at net asset value and with no sales charges, subject to the terms and conditions of this Agreement. The Board of AVIF (the "Board") may refuse to sell Shares of any Fund to any person, or suspend or terminate the offering of Shares of any Fund (a) if such action is required by law or by regulatory authorities having jurisdiction, (b) if, in the sole discretion of the Trustees acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, such action is deemed in the best interests of the shareholders of such Fund, or (c) if such action is required by any policies that the Board has adopted and that apply to all Participating Insurance Companies.
Available Funds. CBI acknowledges that its obligation to consummate the transactions contemplated by this Agreement is not and will not be subject to the receipt by CBI of any financing or the consummation of any other transaction other than the occurrence of the MIPA Transaction Closing. CBI has delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A., JPMorgan Chase Bank N.A. and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the MIPA Transaction. CBI has delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein). The Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Articles II and III and performance by ABI of its obligations under this Agreement and the MIPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, ...
Available Funds. Interest: Interest Collections Principal: Principal Collections Prepayments in Full Liquidation Proceeds Recoveries Sub Total Collections Purchase Amounts: Purchase Amounts Related to Principal Purchase Amounts Related to Interest Sub Total Clean-up Call Reserve Account Draw Amount Available Funds — Total
Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.
Available Funds. Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available to the Department by the federal government, state government and/or grantor. Contract Routing Number 14-68960A1 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE OF COLORADO: Rocky Mountain Health Maintenance Organization, Inc. Xxxx X. Xxxxxxxxxxxx, Governor By: By: Signature of Authorized Officer Xxxxx X. Xxxxx, MBA, BSN, RN Executive Director Department of Health Care Policy and Financing Date: Date: LEGAL REVIEW: Printed Name of Authorized Officer Xxxx X. Xxxxxxx, Attorney General By: Printed Title of Authorized Officer Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §00-00-000 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER: Xxxxxx Xxxxx, CPA, MBA, JD By: Department of Health Care Policy and Financing Date: EXHIBIT C-1, MONTHLY PAYMENT RATES State of Colorado Rocky Mountain 1281 Actuarial Certification September 1, 2014 – June 30, 2015 Capitation Rate Ranges Table of Contents 1. BACKGROUND 3 2. RATE DEVELOPMENT PROCESS 4 2.01 OVERVIEW 4 2.02 BASE DATA 7 DATA REPORTING 7 COVERED SERVICES 8 COVERED POPULATIONS 8
Available Funds. Parent will have on the Closing Date (i) sufficient cash on hand to pay the Merger Consideration and all fees and related expenses required to be paid by Parent and there will not be on the Closing Date any restriction on the use of such cash for such purpose on the terms and conditions contained in this Agreement and (ii) the resources and capabilities (financial or otherwise) to perform and satisfy the obligations of Parent, Merger Sub and any New Merger Sub set forth in this Agreement, including in connection with the Mergers, the Asset Transfers and other transactions contemplated hereby. Parent will not have, as of the Closing Date, incurred any obligation, commitment, restriction or liability of any kind that would prevent or substantially adversely affect such resources. Each of Parent and Merger Sub acknowledges that the obligations of each of Parent, Merger Sub and any New Merger Sub hereunder are not subject to any conditions regarding the ability of Parent, Merger Sub or any New Merger Sub to obtain financing for the consummation of the transactions contemplated by this Agreement or otherwise.
Available Funds. The Trust, on behalf of the Customer, agrees that all payments of cash by it to DBSI shall be made in immediately available funds in such currency and to such bank account as DBSI may from time to time specify. If the Trust, on behalf of the Customer, is required by law to make any deduction or withholding, Customer will pay such amount to DBSI as will result in DBSI’s receiving an amount equal to the full amount which would have been received had no such deduction or withholding been required.