Contingencies Sample Clauses

Contingencies. All orders are subject to acceptance by Transfer Agent and become effective only upon confirmation by Transfer Agent. Upon confirmation, the Transfer Agent will verify total purchases and redemptions and the closing share position for each fund/account. In the case of delayed settlement, Transfer Agent and Insurance Company shall make arrangements for the settlement of redemptions by wire no later than the time permitted for settlement of redemption orders by the Investment Company Act of 1940. Such wires for Insurance Company should be sent to: Such wires for Transfer Agent should be sent to:

Contingencies. (a) Lessee shall be entitled to terminate this Agreement, and to have the Initial Assignment Fee returned to it, if the following contingencies haven’t been satisfied on or before the date of the Construction Closing (collectively, “Lessee’s Contingencies”): (i) Lessee shall have obtained all necessary municipal and/or governmental approvals, including required zoning changes or variances, consistent with the terms and conditions hereof, site plan approval and building permits, sufficient to develop, rehabilitate and operate the Project on the Premises. Lessee shall commence work on all approvals for the Project, as chronologically appropriate, and shall diligently pursue the same. The Existing Interest Holders agree to cooperate and support Lessee, to the maximum extent possible, in obtaining all permits and approvals (including without limitation site plan approval, variances, zoning changes and all required SEQRA actions, provided that the Existing Interest Holders shall not be required to incur any expense in connection with same.) (ii) Lessee shall have obtained construction and permanent financing including without limitation, equity financing through the sale of low-income housing tax credits, tax-exempt bonds, grants and below-market loans, as available and appropriate, sufficient to develop, rehabilitate and operate the Project in accordance with development and operating budgets prepared by the Lessee (in its sole discretion). (iii) Lessee shall have obtained from the Existing Interest Holders (and/or third parties) all easements necessary or appropriate to ensure that the Lessee, at the commencement of the Lease Term, has ingress to and egress from the Premises, and such other such rights over the land of the Existing Interest Holders or others which are reasonably required or appropriate for the development, rehabilitation and operation of the Project at the Premises. (b) The Existing Interest Holders shall be entitled to terminate this Agreement if, on or before the date of the Construction Closing, the County Board of Legislators and/or the Town Council fail to enact legislation authorizing the execution of this Agreement, which the County and the Town shall pursue expeditiously and in good faith.

Contingencies. This faculty appointment is contingent upon an acceptable background check, verification of credentials, and upon approval by the Chancellor of the UNMC or designated delegatee. The appointment of Faculty Member is subject to all terms and conditions contained in this Agreement, Bylaws and Policies and the procedures derived therefrom. (University of Nebraska Board of Regents Bylaws and Policies can be found on the University of Nebraska Board of Regents website.)

Contingencies. (Choose and initial all the contingencies the Parties agree to.)

Contingencies. 3.1 SELLER shall (at SELLER’s sole cost and expense) take all necessary steps to satisfy, terminate, discharge and defease all mortgages, deeds of trust, assignments of leases and rents, security agreements, UCC financing statements and all other financing liens encumbering the Site and Personal Property (collectively “Financing Liens”) of record, on or before the Closing, such that the Financing Liens shall no longer encumber the Property, the Site, or any portion thereof, and any and all enforcement proceedings respecting the Financing Liens (such as foreclosure actions) shall be discontinued with prejudice, and all notices of pendency shall be cancelled (and same not being raised as an exception to title shall be deemed Lessor’s compliance). The provisions of this Section 3.1 shall survive Closing. 3.2 PURCHASER’s obligations hereunder are expressly subject to, conditioned upon and contingent upon (a) SELLER’s ability to deliver to PURCHASER and the delivery to PURCHASER of (i) good, marketable and insurable fee simple title to the Property, free and clear of Financing Liens, (ii) good and lien free title to the Personal Property; (b) SELLER furnishing PURCHASER with all necessary approvals, consents and resolutions of the trustees of the trusts comprising SELLER authorizing the transactions contemplated hereby; and (c) the provisions of Section 5.3 hereof having been fulfilled. The aforementioned contingencies are for the exclusive benefit of PURCHASER, and may be waived by PURCHASER only, in whole or in part, in writing. In the event that all such contingencies are not satisfied or waived by PURCHASER in writing in accordance with the terms of this Agreement, PURCHASER may, as its sole right and remedy, terminate the Sovran Lease and this Agreement by providing written notice to SELLER no later than three (3) business days following the date established for Closing hereunder, whereupon neither SELLER nor PURCHASER shall have any further claim against the other, except for claims which by their terms survive the termination thereof.

Contingencies. Contributions to a contingency reserve or any similar provision made for events, the occurrence of which cannot be foretold with certainty as to time or intensity or with an assurance of their happening, are unallowable.

Contingencies. No Statements of Probable Construction Cost submitted by Design Professional shall include a construction contingency amount, but shall include such design contingencies as are necessary to account for work for which the design has not been completed.

Contingencies. Except as disclosed in the SEC Documents, there are no actions, suits, claims or proceedings pending, or to the knowledge of the Company threatened against, by or affecting, the Company in any court or before any arbitrator or governmental agency that may have a material adverse effect on the Company or which could materially and adversely affect the right or ability of the Company to consummate the transactions contemplated hereby. To the knowledge of the Company, there is no valid basis upon which any such action, suit, claim, or proceeding may be commenced or asserted against it. There are no unsatisfied judgments against the Company and no consent decrees or similar agreements to which the Company is subject and which could have a material adverse effect on the Company.

Contingencies. If this Security is enforced at a time when no amount is due under the Loan Documents but at a time when amounts may or will become due, the Collateral Agent (or the Receiver) may pay the proceeds of any recoveries effected by it into such number of suspense accounts as it considers appropriate.