Confirmation and Agreement. 4.1 I will not share my Login name or password or allow others to use my account. 4.2 I understand that I am responsible for all activities recorded against my account. 4.3 I have read and understood this user agreement, and the terms & conditions, under which access to WYPF secure administration is granted. 4.4 I understand that WYPF may revoke my access to WYPF secure administration if I fail to comply with this Acceptable Use Policy. 4.5 I understand that upon leaving employment I must inform XXXX that I am leaving so that they can deactivate my account. 4.6
Confirmation and Agreement. Borrower and Depository Bank, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depository Agreement:
Confirmation and Agreement. The Collateral Agent acknowledges, confirms and agrees that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Agreement:
Confirmation and Agreement. By executing and delivering this Agreement, (a) Assignor and Assignee confirm to and agree with each other and the other parties to the Loan Agreement as follows: (i) Assignor makes no representation or warranty (except as provided in Section 7.1 of this Agreement) and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Loan Agreement or any other Loan Document or the execution, legality, validity, enforceability, genuineness, sufficiency, collectibility or value of this Agreement, the Loan Agreement, the Assignor Note or any other Loan Document; and (ii) Assignor makes no representations or warranties and assumes no responsibility with respect to the financial condition of Borrowers or of Guarantor or the performance or observance by Borrowers or Guarantor of any of their respective obligations under the Loan Agreement, any other Loan Document or any other instrument or document furnished pursuant thereto; (b) Assignee confirms that it has received a copy of the Loan Agreement and other Loan Documents, together with such other documents and information as Assignee has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (c) Assignee confirms that it has made, independently and without reliance upon the Agent, Assignor or any other Lender or, except as provided in Section 7.1 of this Agreement, any representations or warranties made by the foregoing and based on such documents and information as Assignee shall deem appropriate at the time, and Assignee shall continue to make, its own credit decisions in entering into this Agreement and taking or not taking any action hereunder or under the Loan Agreement or any other Loan Document; and (d) Assignee appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Agreement as are delegated to Agent by the terms thereof, together with such powers as are reasonably incidental thereto.
Confirmation and Agreement. The Depositary Bank acknowledges, confirms and agrees that (i) the Depositary Bank has established the Project Accounts as set forth in Section 3.01, (ii) each Project Account is a securities account, (iii) the Company is the entitlement holder of the Project Accounts other than the Pre-Funding Account, which shall be held in the name of the Collateral Agent, (iv) all cash and other property delivered to the Depositary Bank pursuant to this Agreement or the other Security Documents will be promptly credited to a Project Account, (v) all securities in registered form or payable to, or to order of a person, and credited to any Project Account shall be registered in the name of, payable to or to the order of, or specially indorsed to, the Depositary Bank or in blank, or credited to another securities account maintained in the name of the Depositary Bank, and in no case will any securities credited to any Project Account be registered in the name of, payable to or to the order of, or specially indorsed to, the Company except to the extent the foregoing have been specially indorsed by the Company to the Depositary Bank or in blank, (vi) the Depositary Bank shall promptly comply with all instructions of the Collateral Agent and, to the limited extent set forth in Section 2.03, the Company in connection with the transfer or withdrawal of amounts in the Project Accounts and (vii) the Depositary Bank shall not change the name or account number of any Project Account without the prior written consent of the Collateral Agent and at least 5 Business Days prior notice to the Company.
Confirmation and Agreement. The Securities Intermediary acknowledges, confirms and agrees, as of the Closing Date, that (i) the Securities Intermediary has established the Indenture Funds as set forth in Section 3.1 (including, without limitation, as special, segregated and irrevocable cash collateral accounts, in the form of noninterest bearing accounts, which shall be maintained at all times until the termination of this Indenture), (ii) each Indenture Fund is and will be maintained as a "securities account" (within the meaning of Section 8501 of the New York UCC), (iii) the Partnership and the Funding Corporation are the "entitlement holders" (within the meaning of Section 8102(a)(7) of the New York UCC) in respect of the "financial assets" (within the meaning of Section 8102(a)(9) of the New York UCC) carried in or credited to the Indenture Funds, but the Indenture Funds shall be under the exclusive control of the Securities Intermediary, (iv) all property delivered to the Securities Intermediary pursuant to this Indenture or the Senior Security Documents will be promptly credited to an Indenture Fund, (v) all financial assets in registered form or payable to or to the order of and credited to any Indenture Fund shall be registered in the name of, payable to or to the order of, or specially indorsed to, the Securities Intermediary or in blank, or credited to another securities account maintained in the name of the Securities Intermediary, and in no case will any financial asset credited to any Indenture Fund be registered in the name of, payable to or to the order of, or specially indorsed to, the Partnership or the Funding Corporation except to the extent the foregoing have been specially indorsed by the Partnership or the Funding Corporation, as the case may be, to the Securities Intermediary or in blank, (vi) the Securities Intermediary shall promptly comply with all instructions of the Trustee, and, to the limited extent set forth in this Indenture, the Partnership, and (vii) the Securities Intermediary shall not change the name or account number of any Indenture Fund without the prior written consent of the Trustee and the Partnership.
Confirmation and Agreement. The Confirmation and Agreement dated August 30, 2005, reference numbers 679981 and 679986, evidencing the Corridor Contract.
Confirmation and Agreement. Consistent with Section 2(c) of the Ownership Agreement, the Parties hereby confirm and agree as follows:
Confirmation and Agreement. The Pledgor hereby represents and warrants to, and agrees with, the Custodian as follows:
Confirmation and Agreement. Each of the Lenders party hereto confirms and agrees that the guaranty to be provided to Whirlpool by Noma Corporation of the obligations of Noma Technologies Limited Partnership under the Reynosa Supply Agreement is permitted under Section 7.14(iv) of the Credit Agreement, in that it is an unsecured guaranty of obligations incurred in the ordinary course of business of a Loan Party (not constituting Debt) by another Loan Party that is the direct parent of such Loan Party.
