Bonded Contracts Sample Clauses

Bonded Contracts. Within thirty (30) days after the last day of each calendar month, a report detailing the issuance of each Bonded Contract in the prior month, including a description of the specific job for which such Bonded Contract is issued, the amount of such Bonded Contract and the Loan Party or Person to whom such Bonded Contract is issued. Financial statements and other similar information required to be delivered pursuant to clauses (a), (b) and (g) of Section 6.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which such information is posted on the Parent’s website on the Internet on the investor relations page xx.xxxxxxxxxx.xxx (or any successor page) or at xxxx://xxx.xxx.xxx; or (ii) on which such information is posted on the Borrower’s behalf on the Platform. Notwithstanding anything to the contrary set forth herein, to the extent that the SEC issues an extension order or other similar form of relief regarding the timing of filing a Form 10-Q or Form 10-K, which is applicable, generally, to all public companies (as opposed to specifically applicable to the Parent or any of its Subsidiaries), the Loan Parties’ obligation to provide the financial statements and other similar information required to be delivered pursuant to clauses (a) and (b) of Section 6.1, as applicable, shall be granted a corresponding extension of relief.
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Bonded Contracts. No Credit Party nor any of its Subsidiaries has any agreement (including any intercreditor agreements) with any issuer of a Surety Bond (including but not limited to Chubb) except as disclosed on Schedule 8.1.27.
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Bonded Contracts. (15) Dell as long as Citi/Dell Vendor financing program is being used.
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Bonded Contracts. No Credit Party is subject to any Bonded Contract except as disclosed on Schedule 5.18.
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Bonded Contracts. No Loan Party is subject to any Bonded Contract except as disclosed on Schedule 5.33 to the Information Certificate. EXHIBIT E TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT INFORMATION CERTIFICATE OF LOAN PARTIES Dated: [ ] Xxxxx Fargo Bank, National Association MAC S4101-158 000 X. Xxxxxxxxxx St. 15th Floor Phoenix, AZ 85003-1808 Attention: Xxxxxx X. Xxxxxxx In connection with certain financing provided or to be provided by Xxxxx Fargo Bank, National Association (“Lender”), Administrative Borrower on behalf of each Loan Party represents and warrants to Lender the following information about each Loan Party (capitalized terms not specifically defined shall have the meaning set forth in the Agreement):
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Bonded Contracts. (a) Sellers’ performance under certain Contracts is assured by a surety company under one or more payment and/or performance bonds, license and permit bonds, and various other bonds (the “Bonds”), which are in turn secured by one or more indemnity agreements made by and among the surety company, Sellers, and one or more of Sellers’ principals or Affiliates. Sellers and the ITI Entities have agreed to leave certain Bonds in place with respect to the Assigned Contracts, with Sellers as the principals, for the benefit of the obligee(s) named therein, and Sellers and the ITI Entities now desire to expressly allocate the responsibility of Sellers and the ITI Entities for Claims arising under such Bonds (“Bond Indemnity Obligations”) and for Sellers’ warranty obligations on Contracts assured by a Bond (“Bonded Contracts”).
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Bonded Contracts. Each of Argan, SMC and Vitarich and any Subsidiary, now or hereinafter created, owned or acquired, other than the Acquired Companies, agrees that it will not purchase or hold goods purchased for use in a project that is the subject of any Bonded Contract, including, inventory, materials, supplies, tools, plant and equipment purchased for, installed in, used or acquired for use in the performance of any such Bonded Contracts and any related subcontracts.
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Bonded Contracts. (a) Notwithstanding anything to the contrary contained herein or in the Security Documents, if, pursuant to the terms of any Surety Bond, the Surety issuing such Surety Bond is required or has elected to complete the performance of the related Bonded Contract on behalf of the Company or any Subsidiary of the Company (a “Bonded Contract Default”), any Lien in favor of such Surety, whether existing on the Issue Date or thereafter created, in any Surety Priority Collateral securing such Surety Bond shall be senior to the Liens under the Security Documents in such Surety Priority Collateral.
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Bonded Contracts. No Loan Party is subject to any Bonded Contract except as disclosed on Schedule 5.33 to the Information Certificate. EXHIBIT E TO CREDIT AND SECURITY AGREEMENT INFORMATION CERTIFICATE OF INTEGRATED ELECTRICAL SERVICES, INC. IES COMMERCIAL & INDUSTRIAL, LLC IES COMMERCIAL, INC. IES MANAGEMENT, LP IES MANAGEMENT ROO, LP IES PURCHASING & MATERIALS, INC. IES RESIDENTIAL, INC. INTEGRATED ELECTRICAL FINANCE, INC. as Borrowers, and IES CONSOLIDATION, LLC IES PROPERTIES, INC. IES SHARED SERVICES, INC. IES TANGIBLE PROPERTIES, INC. KEY ELECTRICAL SUPPLY, INC. IES OPERATIONS GROUP, INC. ICS HOLDINGS LLC as Guarantors Dated: August 9, 2012 Xxxxx Fargo Bank, National Association MAC S4101-158 000 X Xxxxxxxxxx Xx., 00xx Xxxxx Xxxxxxx, XX 00000-0000 In connection with certain financing provided or to be provided by Xxxxx Fargo Bank, National Association (“Lender”), each of the undersigned Borrowers and Guarantors (each a “Loan Party”) represents and warrants to Lender the following information about each Loan Party (Capitalized terms not specifically defined shall have the meaning set forth in the Agreement):
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Related to Bonded Contracts

  • Extended Contracts A. In the event the number of days in a MBU’s contract is extended, that MBU shall be paid at the daily rate of 1/207 of their scheduled salary per additional day. MBUs on an extended contract shall receive all holidays and benefits received by MBUs during the school year.

  • Excluded Contracts All of Seller's right, title and interest in, to and under the Contracts listed on Schedule 1.2(b) attached hereto (the "Excluded Contracts");

  • Extended Contract Teachers whose regularly assigned service is required beyond 196 days will be paid at the rate of 1/196 of their annual contracted salary for each day of service. The principal/immediate supervisor may recommend a supplemental contract for the number of days for which their services are required.

  • Shared Contracts (a) Except as set forth on Schedule VIII, the Parties shall, and shall cause the members of their respective Groups to, use their respective reasonable best efforts to work together (and, if necessary and desirable, to work with the third party to such Shared Contract) in an effort to divide, partially assign, modify or replicate (in whole or in part) the respective rights and obligations under and in respect of any Shared Contract, such that (a) a member of the SpinCo Group is the beneficiary of the rights and is responsible for the obligations related to that portion of such Shared Contract relating to the SpinCo Business (the “SpinCo Portion”), which rights shall be a SpinCo Asset and which obligations shall be a SpinCo Liability, and (b) a member of the Nuance Group is the beneficiary of the rights and is responsible for the obligations related to such Shared Contract not relating to the SpinCo Business (the “Nuance Portion”), which rights shall be a Nuance Asset and which obligations shall be a Nuance Liability. Nothing in this Agreement shall require the division, partial assignment, modification or replication of a Shared Contract unless and until any necessary Consents are obtained or made, as applicable. If the Parties, or their respective Group members, as applicable, are not able to enter into an arrangement to formally divide, partially assign, modify or replicate such Shared Contract prior to the Distribution as contemplated by the previous sentence, then the Parties shall, and shall cause their respective Group members to, cooperate in any reasonable and permissible arrangement to provide that, following the Distribution, a member of the SpinCo Group shall receive the interest in the benefits and obligations of the SpinCo Portion under such Shared Contract and a member of the Nuance Group shall receive the interest in the benefits and obligations of the Nuance Portion under such Shared Contract, it being understood that no Party shall have Liability to the other Party for the failure of any third party to perform its obligations under any such Shared Contract.

  • Assumed Contracts The term "Assumed Contracts" shall have the meaning set forth in Section 2.1(e).

  • Assigned Contracts The Debtor shall fully perform all of its obligations under each of the Assigned Contracts, and shall enforce all of its material rights and remedies thereunder. Without limiting the generality of the foregoing, the Debtor shall take all action reasonably necessary or appropriate, as determined solely by the Debtor, to permit, and shall not take any action which would have any materially adverse effect upon, the full enforcement of all indemnification rights under the Assigned Contracts. The Debtor shall notify the Secured Party in writing, promptly after the Debtor becomes aware thereof, of any event or fact which could give rise to a claim by it for indemnification under any of the material Assigned Contracts, and shall diligently pursue, as it deems appropriate, such right and report to the Secured Party on all further developments with respect thereto. The Debtor shall remit directly to the Secured Party for application to the Obligations in such order as the Secured Party shall determine, all amounts received by the Debtor as indemnification or otherwise pursuant to its Assigned Contracts. If the Debtor shall fail after the Secured Party's demand to pursue diligently any right under the material Assigned Contracts, or an Event of Default then exists, the Secured Party may directly enforce such right in its own or the Debtor's name and may enter into such settlements or other agreements with respect thereto as the Secured Party, shall determine. In any suit, proceeding or action brought by the Secured Party under any Assigned Contract for any sum owing thereunder or to enforce any provision thereof, the Debtor shall indemnify, defend and hold the Secured Party harmless from and against all expense (including without limitation Attorney Costs), loss or damage suffered by reason of any defense, setoff, counterclaims, recoupment, or reduction of liability whatsoever of the obligor thereunder arising out of a breach by the Debtor of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing from the Debtor to or in favor of such obligor or its successors. All obligations of the Debtor under an Assigned Contract shall be and remain enforceable only against the Debtor and shall not be enforceable against the Secured Party. Notwithstanding any provision hereof to the contrary, the Debtor shall at all times remain liable to observe and perform all of its material duties and obligations under the Assigned Contracts, and the Secured Party's exercise of any of its rights with respect to the Collateral shall not release the Debtor from any of such duties and obligations. The Secured Party shall not be obligated to perform or fulfill the Debtor's duties or obligations under the Assigned Contracts or to make any payment thereunder, or to make any inquiry as to the nature or sufficiency of any payment or property received by it thereunder or the sufficiency of performance by any party thereunder, or to present or file any claim, or to take any action to collect or enforce any performance, any payment of any amounts, or any delivery of any property.

  • Related Contracts (i) The Borrower hereby agrees that, to the extent not expressly prohibited by the terms of the Related Contracts, after the occurrence and during the continuance of an Event of Default, it shall (x) upon the written request of the Administrative Agent or the Collateral Agent, promptly forward to such Agent all information and notices which it receives under or in connection with the Related Contracts relating to the Collateral, subject to applicable confidentiality requirements, and (y) upon the written request of the Administrative Agent or the Collateral Agent, act and refrain from acting in respect of any request, act, decision or vote under or in connection with the Related Contracts relating to the Collateral only in accordance with the direction of such Agent; provided that if the Borrower receives conflicting requests pursuant to this subclause (y), it shall follow whichever request is evidenced to be derived from the direction of the Majority Lenders.

  • Transferred Contracts The Transferred Contracts listed on Exhibit C are all of the contracts between Aradigm and any Third Party currently necessary for or primarily related to, the operation of the Business, and true and complete copies of all such Transferred Contracts have been delivered or made available to Purchaser or its representatives. Each Transferred Contract is in full force and effect and, to Aradigm’s knowledge, Aradigm is not subject to any default thereunder, nor, to Aradigm’s knowledge, is any party obligated to Aradigm pursuant to any such Transferred Contract subject to any default thereunder. Aradigm has neither breached, violated or defaulted under, nor received notice that Aradigm has breached, violated or defaulted under, any of the terms or conditions of any Transferred Contract. Aradigm has obtained, or will obtain prior to the Closing, all necessary consents, waivers and approvals of parties to any Transferred Contract as are required thereunder in connection with the Closing, or for any such Transferred Contract to be transferred to Purchaser, and to remain in full force and effect without limitation, modification or alteration after the Closing. Following the Closing, Purchaser will be permitted to exercise all of the rights Aradigm had under the Transferred Contracts without the payment of any additional amounts or consideration other than ongoing fees, royalties or payments which Aradigm would otherwise be required to pay pursuant to the terms of such Transferred Contracts had the transactions contemplated by this Agreement not occurred.

  • Property Contracts Purchaser shall assume at Closing the obligations under the Property Contracts assumed by Purchaser; however, operating expenses shall be prorated under Section 5.4.2.

  • Project Contracts Authority shall upon its election, succeed, without the necessity of any further action by the Concessionaire, to the interests of the Concessionaire under such of the Project Contracts as the Authority may in its discretion deem appropriate, and shall upon such election be liable to the Contractors only for compensation accruing and becoming due and payable to them under the terms of their respective Project Contracts from and after the date the Authority elects to succeed to the interests of the Concessionaire. For the avoidance of doubt, it is hereby agreed, and the Concessionaire hereby acknowledges, that all sums claimed by such Contractors as being due and owing for works and services performed or accruing on account of any act, omission or event prior to such date shall constitute debt between the Concessionaire and such Contractors, and the Authority shall not in any manner be liable for such sums. It is further agreed that in the event the Authority elects to cure any outstanding defaults under such Project Contracts, the amount expended by the Authority for this purpose shall be deducted from the Termination Payment.

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