Clause Third Sample Clauses

Clause Third. (e) If, as of the Completion Date and based upon the Cost Certification, it is determined that the Apartment Complex will not be eligible to receive Tax Credits in an annual amount of at least $31,171; or it is at any time determined by the Auditors, the Tax Accountants or the Service that, for any reason, the Apartment Complex will not be eligible to receive Tax Credit in an annual amount of at least $31,171, then (a) the General Partners shall pay to the Investment Limited Partner an amount equal to the product of (A) difference between (i) $31,171 and (ii) the total amount of Tax Credit allocated to the Partnership and (B) 8.0 and (b) the Projected Credit for each year shall thereafter be redefined to mean 99% of the annual amount of Tax Credit actually so allocated to the Partnership (the "Revised Projected Credit"). Any amount payable by the General Partners to the Investment Limited Partner pursuant to this Section 5.1(e) shall be paid in its entirety by the General Partners directly to the Investment Limited Partner promptly after demand is made therefor, as a payment of damages for breach of warranty, regardless of the reason for the occurrence of such event.
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Clause Third. All clauses of the Contract of Disposal of Intellectual Property that have not been change by the execution of this Amendment shall remain unchanged and valid. Lisbon, May 22nd 2020 On behalf of MAGP INOVAÇÃO, S.A. /s/ Xxxxx Xxxxxx e Xxxxx Name: Xxxxx Xxxxxx e Xxxxx Capacity: Director On behalf of FUSION WELCOME - FUEL, S.A. /s/ Xxxxx Xxxxxxxx xx Xxxxx Name: Xxxxx Xxxxxxxx xx Xxxxx Capacity: Director
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Clause Third. All such Deposit Securities, as defined in Section 1.01, as shall be now or hereafter assigned and delivered to the Trustee pursuant to Section 10.03 and the provisions of the definition of the term "delivery" in Section 1.01. In addition, any payments with respect to, or proceeds of, such Deposit Securities, to the extent provided in this Indenture. CLAUSE FOURTH
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Clause Third. (g) In the event that (i) State Designation does not occur by December 31, 1996 and/or evidence thereof in the form of fully executed Forms 8609 is not received by the Partnership by Xxxxx 0, 0000, (xx) by March 1, 1997, the Limited Partners shall not have received a written certification of the Auditors in a form and in substance satisfactory for the purpose of achieving Cost Certification and indicating that the product of the Apartment Complex's Eligible Basis and its Applicable Percentage is such that the Apartment Complex will be eligible to receive Tax Credit in an annual amount of at least $62,860, or (iii) at any time after the Completion Date the product of the Apartment Complex's Eligible Basis and its Applicable Percentage is determined by the Auditors, the Tax Accountants or the Service to be such that the Apartment Complex will not be eligible to receive Tax Credit in an annual dollar amount of at least $62,860, then (a) the General Partners shall pay to the Investment Limited Partner an amount equal to .81 of the product of (A) difference between (i) $628,600 and (ii) the total amount of Tax Credit allocated to the Partnership and (B) .60 and (b) the Projected Credit for each year shall thereafter be redefined to mean 99% of the annual amount of Tax Credit actually so allocated and available to the Partnership for such year (the "Revised Projected Credit"). Any amount payable by the General Partners to the Investment Limited Partner pursuant to this Section 5.1(g) shall, at the option of the Investment Limited Partner, (i) be applied first to the Installment, if any, next due to be paid by the Investment Limited Partner, and any balance of such amount payable by the General Partners in excess of the amount of such Installment shall be applied to succeeding Installments, if any, provided that if such amount payable by the General Partners exceeds the sum of the remaining Installments, if any, then an amount equal to the amount of such excess shall be paid by the General Partners to the Investment Limited Partner promptly after demand is made therefor, as a payment of damages for breach of warranty, regardless of the reason for occurrence of such event, or (ii) be paid in its entirety by the General Partners directly to the Investment Limited Partner promptly after demand is made therefor, as a payment of damages for breach of warranty, regardless of the reason for the occurrence of such event.
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Clause Third. (g) If, as of the Completion Date and based upon the Cost Certification, it is determined that the Apartment Complex will be eligible to receive Tax Credits in an annual amount of less than $174,246, or as of the Completion Date the product of the Apartment Complex's Eligible Basis and its Applicable Percentage is determined by the Auditors or the Service to be such that the Apartment Complex will not be eligible to receive Tax Credits in an annual dollar amount of at least $174,246, then there shall be a reduction in the Investment Limited Partner's Capital Contribution in an amount equal to the product of (A) difference between (i) $174,246 and (ii) the annual amount of Tax Credit allocated and available to the Partnership and (B) 8.1.
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Clause Third. (g) In the event that at any time after the Completion Date the product of the Apartment Complex's "qualified basis" and its "applicable percentage" (as such terms are defined in Section 42 of the Code) is determined by the Auditors, Tax Accountants or the Service to be such that the Partnership will not be eligible to receive Tax Credit in an annual dollar amount of at least $544,496, then (a) the General Partners shall pay to the Investment Limited Partners promptly after demand is made therefor, as a payment of damages for breach of warranty, an amount equal to 5.5 multiplied by the difference between (i) $544,496 and (ii) 99% of the total amount of Tax Credit allocated and available to the Partnership and (b) the Projected Credit for each year shall thereafter be redefined to mean 99% of the total amount of Tax Credit actually so allocated and available to the Partnership for such year (the "Revised Projected Credit"). Any payments made pursuant to this Section 5.1(g) shall be shared 67% by the Class A Limited Partner and 33% by the Class B Limited Partner.
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Related to Clause Third

  • Payments to Third Parties Except as expressly set forth herein, each Party shall be solely responsible for any payments due to Third Parties under any agreement entered into by such Party with respect to the Licensed Product, as a result of activities hereunder.

  • Obligations to Third Parties Each party warrants and represents that this Agreement does not conflict with any contractual obligations, expressed or implied, undertaken with any Third Party.

  • No Obligations to Third Parties Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto.

  • Assignment; Third Parties Neither the Executive nor the Company may assign, transfer, pledge, hypothecate, encumber or otherwise dispose of this Agreement or any of his or its respective rights or obligations hereunder, without the prior written consent of the other. The parties agree and acknowledge that each of the Companies and the stockholders and investors therein are intended to be third party beneficiaries of, and have rights and interests in respect of, Executive’s agreements set forth in Sections 7, 8 and 9.

  • Unaffiliated Third Parties Nothing herein shall impose any duty upon the Transfer Agent in connection with or make the Transfer Agent liable for the actions or omissions to act of unaffiliated third parties such as, by way of example and not limitation, airborne services, the U.S. mails and telecommunication companies, provided, if the Transfer Agent selected such company, the Transfer Agent shall have exercised due care in selecting the same.

  • Delegation to Third Parties Except where prohibited by applicable law or regulation, the Sub-Adviser may delegate or may employ a third party to perform any accounting, administrative, reporting and ancillary services required to enable the Sub-Adviser to perform its functions under this Agreement. Notwithstanding any other provision of the Agreement, the Sub-Adviser may provide information about the Adviser and any Fund to any such third party for the purposes of this paragraph, provided that the third party is subject to a confidentiality agreement that specifically prevents the misuse of any such information, including portfolio holdings. The Sub-Adviser will act in good faith and with due diligence in the selection, use and monitoring of third parties and shall be solely responsible for any loss, mistake, gross negligence or misconduct caused by such third party.

  • Consents of Third Parties All consents or approvals required to be obtained by the Vendor for the purpose of selling, assigning or transferring the Claims have been obtained, provided that this condition may only be relied upon by the Vendor if the Vendor has diligently exercised its best efforts to procure all such consents or approvals and the Purchaser has not waived the need for all such consents or approvals.

  • Failure of Third Parties The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

  • Non-Disclosure of Third Party Information Executive represents and warrants and covenants that Executive shall not disclose to the Company, or use, or induce the Company to use, any proprietary information or trade secrets of others at any time, including but not limited to any proprietary information or trade secrets of any former employer, if any; and Executive acknowledges and agrees that any violation of this provision shall be grounds for Executive’s immediate termination and could subject Executive to substantial civil liabilities and criminal penalties. Executive further specifically and expressly acknowledges that no officer or other employee or representative of the Company has requested or instructed Executive to disclose or use any such third party proprietary information or trade secrets.

  • No Obligation to Third Parties The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

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