Capability to Perform Sample Clauses

Capability to Perform. As of the Closing Date Purchaser will have available (either in immediately available cash or from available unused lines of credit or third party financing, or a combination thereof) funds sufficient to pay the Purchase Price payable pursuant to Section 2.3 and Section 2.4, and to consummate the transactions contemplated hereby.

Capability to Perform. DISTRIBUTOR shall maintain the financial capability to perform the Distribution Agreement and shall, at its own expense, establish and maintain a sales, marketing and distribution, and service organization, and employ personnel in sufficient number of adequately and effectively sell ASTC Products in the Territory, including the appointment of a Product Manager who shall be responsible for the sale and promotion of ASTC products, as well as for training of DISTRIBUTOR's sales representatives in the sale and promotion of ASTC Products.

Capability to Perform. That: (i) it is capable in all respects of providing all Services in accordance with the requirements of this Agreement; (ii) it understands the nature, location, and scope of Services to be performed hereunder; (iii) as of the Effective Date, there is no pending or threatened outstanding litigation, arbitrated matter, or other dispute to which Consultant is a party, that, if decided unfavorably to Consultant, could reasonably be expected to have a potential or actual material adverse effect on Consultant’s ability to fulfill its obligations hereunder, and that Consultant knows of no basis that might give rise to any such litigation, arbitration, or other dispute in the foreseeable future. Upon becoming aware of any such basis, Consultant shall promptly notify Owner.

Capability to Perform. 6.2.4.1 Ability to complete work within required time. Availability and continuity of staff during course of the project. 6.2.4.2 This section shall include a brief description of the Proposer and Subcontractor’s qualifications and previous experience on similar or related projects. Description of pertinent project experience shall include a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references (provide References in Attachment F). Give a brief statement of the firm’s adherence to the schedule and budget for each project. 6.2.4.3 Selecting a financially viable partner is critical to the District. Please submit financial statements certified by a reputable accounting firm as accurately presenting the financial position of your company in accordance with generally accepted accounting principles. Proposer shall demonstrate a Standard & Poor’s long-term credit rating of A or above for the last five (5) years, at a minimum.

Capability to Perform. Provider is capable of and will perform its obligations hereunder and under each Order within the time limits and periods applicable thereto.

Capability to Perform. A copy of price list from award or subsequent modification that Transferee will use If the Transferee is planning to use a different price list, submit two copies of the new commercial catalog/price list Certification that no change has occurred in the commercial sales practices since the original award or subsequent modification, or Complete and submit a Commercial Sales Practices Format if the commercial sales practices of the transferee are different from those of the transferor If the Transferee is a large business, a commercial subcontracting plan must be submitted with the novation documents. The contract will not be novated without an approved subcontracting plan. Subcontracting plan template is available in Attachment 13 to the solicitation. (You may not have all of these documents, but each must be addressed) 3 signed originals of the Change-of-Name Agreement A sample is provided below in Clause 42.1205 If the incorporating State does not require a corporate seal, include a statement to that effect on a separate page Authenticated document by the State effecting the name change The effective date of the transfer from this document should be reflected in the Change-of-Name Agreement paragraph (a)(2) and in the attorney opinion letter. Attorney opinion letters Must include a statement that the transfer was properly affected under the applicable state law Must state the effective date of the transfer List of contracts affected. Must reflect: Contract Number and type Name and address of contracting office Total dollar value Approximate unpaid balance 42.1200 Scope of subpart. This subpart prescribes policies and procedures for—

Capability to Perform. HSD warrants that it is financially capable of fulfilling all requirements of this Agreement, is appropriately staffed to fulfill its obligations under this Agreement and the Support and Implementation Agreements and that HSD is a validly organized entity authorized to enter into the Agreement.