Customary Sample Clauses

Customary payroll practices are those policies and procedures routinely followed by the Company concerning the time and method of payment of compensation to its employees as may from time to time be adopted by the Company during course of this Agreement.
AutoNDA by SimpleDocs
Customary. The range of fees charged in a geographic area by physicians of comparable skills and qualifications for the same performance of similar service;
Customary the range of usual fee charges by Providers of similar training and experience for the same geographic area; and
Customary payroll practices are those policies and procedures routinely followed by QTA concerning the time and method of payment of compensation to its employees as may from time to time be adopted by QTA during course of this Employment Agreement. It is anticipated that QTA will adopt the policies and procedures currently used by TBNA on or about the date of closing of the Merger Agreement.
Customary. Provisions The Facility documentation will contain customary provisions regarding indemnification, tax gross up, increased costs, illegality, capital adequacy and breakage costs subject to mitigation obligations, lender removal provisions and tax credit provisions. Governing Law The definitive documents (other than real property collateral documents, which will be governed by local law) will be governed by the laws of the State of New York. Counsel Counsel to the Lead Arranger and Agent is ***. Milbank Tweed Hadley & XxXxxx LLP is counsel to Borrower, Sponsor and the Project Companies. Local Texas Counsel TBD TXU - *** Confirmation Annex A - Form of Guaranty Annex A Form of Guaranty TXU - *** Confirmation Annex A - Form of Guaranty *** *** June 6, 2006 To: TXU Generation Development Company LLC Ladies and Gentlemen: From time to time, *** and TXU Generation Development Company LLC (“Counterparty”) may enter into one or more commodity transactions relating to the purchase, sale, exchange or similar physically-delivered and/or financially-settled transactions (or options thereon) with respect to crude oil, coal, natural gas, electricity or other energy commodity or energy related services, or emission allowances (each, a “Transaction”), based on prices of such commodities as the parties may agree, and the terms and conditions of which shall be set forth in individual confirmations issued by *** or exchanged between the parties (each, a “Confirmation”), including the Transaction evidenced by the long-form confirmation letter agreement entered into between *** and Counterparty on June 6, 2006 (the “Long-Form Confirmation”), which incorporates by reference the terms of the 1992 ISDA Master Agreement (collectively, the Transactions, together with each Confirmation, and the Long-Form Confirmation, together with each schedule, annex and exhibit thereto, are hereinafter the "Agreement"). In consideration of Counterparty entering into such Transactions, *** hereby irrevocably and unconditionally guarantees, as primary obligor and not merely as surety, to Counterparty, with effect from the date of the first Transaction with the Counterparty, the due and punctual payment of all amounts payable by *** under each Transaction and the Agreement when the same shall become due and payable, whether on scheduled payment dates, upon demand, upon declaration of termination or otherwise, in accordance with the terms of the Agreement and giving effect to any applicable grace peri...
Customary. Registration Customary including, without limitation, Procedures: provision of opinions of counsel and comfort letter.
Customary abbreviations may be used in the name of a Securityholder or an assignee, such as TEN COM (= tenants in common), TEN ENT (= tenants by the entireties), JT TEN (= joint tenants with right of survivorship and not as tenants in common), CUST (= Custodian), and U/G/M/A (= Uniform Gifts to Minors Act).
AutoNDA by SimpleDocs
Customary the allowed amount determined by the Plan by considering relevant professional, economic, and market factors, including but not limited to: the degree of professional involvement, charges of Professional Providers of the same or similar specialty for the procedure performed, the actual cost of equipment and facilities, or other factors which contribute to the cost of the procedure.
Customary antidilution protection shall apply as relates to the number of shares subject to any stock option (e.g., in the event of stock splits) but excluding antidilution protection as relates to the percentage of Common Stock subject to such option (e.g., in the event of new stock issuances). Furthermore, there shall be immediate vesting of all options in the event that Executive dies or becomes disabled or there is a change in control (which shall occur if any entity other than the shareholders as of the effective date hereof or their successors acquire 51% or more of the Common Stock or if Company sells all or substantially all of Company's assets).

Related to Customary

  • Standard No representation or warranty of Seller contained in Article III or of Buyer contained in Article IV shall be deemed untrue or incorrect for any purpose under this Agreement, and no Party shall be deemed to have breached a representation or warranty for any purpose under this Agreement, in any case as a consequence of the existence or absence of any fact, circumstance or event unless such fact, circumstance or event, individually or when taken together with all other facts, circumstances or events inconsistent with any representations or warranties contained in Article III, in the case of Seller, or Article IV, in the case of Buyer, has had or would be reasonably likely to have a Material Adverse Effect with respect to Seller or Buyer, respectively (disregarding for purposes of this Section 9.2 any materiality or Material Adverse Effect qualification contained in any representations or warranties). Notwithstanding the immediately preceding sentence, the representations and warranties contained in (x) Section 3.2(a), Section 3.2(d) and Section 3.3 shall be deemed untrue and incorrect if not true and correct in all respects, (y) Sections 3.2(b), 3.3(a), 3.3(b)(i) and 3.7, in the case of Seller, and Sections 4.2, 4.3(a), 4.3(b)(i) and 4.7, in the case of Buyer, shall be deemed untrue and incorrect if not true and correct in all material respects and (z) Section 3.8(a), in the case of Seller, and Section 4.8(a), in the case of Buyer, shall be deemed untrue and incorrect if not true and correct in all respects.

  • Practices The practices used or to be used by the Servicer, to monitor collections with respect to the Trust Property and repossess and dispose of the Financed Vehicles related to the Trust Property will be, in all material respects, in conformity with the requirements of all applicable federal and State laws, rules and regulations, and this Agreement. The Servicer is in possession of all State and local licenses (including all debt collection licenses) required for it to perform its services hereunder, and none of such licenses has been suspended, revoked or terminated, except where the failure to have such licenses would not be reasonably likely to have material adverse effect on its ability to service the Loans or Contracts or on the interest of the Indenture Trustee, the Trust Collateral Agent or the Noteholders.

  • Underwriting If a registration statement under which the Company gives notice under this Section 3.4 is for an underwritten offering, then the Company shall so advise the Holders of Registrable Securities. In such event, the right of any such Holder’s Registrable Securities to be included in a registration pursuant to this Section 3.4 shall be conditioned upon such Holder’s participation in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting to the extent provided herein. All Holders proposing to distribute their Registrable Securities through such underwriting shall enter into an underwriting agreement in customary form with the managing underwriter or underwriters selected by the Company for such underwriting. Notwithstanding any other provision of this Agreement, if the managing underwriter(s) determine(s) in good faith that marketing factors require a limitation of the number of shares to be underwritten, then the managing underwriter(s) may exclude shares from the registration and the underwriting, and the number of shares that may be included in the registration and the underwriting shall be allocated, first to the Company, and second, to each of the Holders requesting inclusion of their Registrable Securities in such registration statement on a pro-rata basis based on the total number of Registrable Securities then held by each such Holder; provided, however, that the right of the underwriter(s) to exclude shares (including Registrable Securities) from the registration and underwriting as described above shall be restricted so that (i) the number of Registrable Securities included in any such registration is not reduced below twenty-five percent (25%) of the aggregate number of Registrable Securities for which inclusion has been requested, even if this will cause the Company to reduce the number of shares it wishes to offer; and (ii) all shares that are not Registrable Securities and are held by any other Person, including any Person who is an employee, officer or director of the Company or any Subsidiary of the Company shall first be excluded from such registration and underwriting before any Registrable Securities are so excluded. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw therefrom by delivering a written notice to the Company and the underwriter(s) at least ten (10) Business Days prior to the effective date of the registration statement. Any Registrable Securities excluded or withdrawn from such underwriting shall be excluded and withdrawn from the registration. For any Holder that is a partnership, the Holder and the partners and retired partners of such Holder, or the estates and family members of any such partners and retired partners and any trusts for the benefit of any of the foregoing Persons, and for any Holder that is a corporation, the Holder and all corporations that are affiliates of such Holder, shall be deemed to be a single “Holder,” and any pro-rata reduction with respect to such “Holder” shall be based upon the aggregate amount of shares carrying registration rights owned by all entities and individuals included in such “Holder,” as defined in this sentence.

  • Retentions (2) Extras for which the claimant has not received payment.

  • Ordinary Course of Business The consummation of the transactions contemplated by this Agreement are in the ordinary course of business of the Servicer;

  • Self-Insurance Notwithstanding the foregoing, each Interconnected Entity may self-insure to meet the minimum insurance requirements of this Section 13 of this Appendix 2 to the extent it maintains a self- insurance program, provided that such Interconnected Entity’s senior secured debt is rated at investment grade or better by Standard & Poor’s and its self-insurance program meets the minimum insurance requirements of this Section 13. For any period of time that an Interconnected Entity’s senior secured debt is unrated by Standard & Poor’s or is rated at less than investment grade by Standard & Poor’s, such Party shall comply with the insurance requirements applicable to it under this Section 13. In the event that an Interconnected Entity is permitted to self-insure pursuant to this section, it shall notify the other Interconnection Parties that it meets the requirements to self-insure and that its self-insurance program meets the minimum insurance requirements in a manner consistent with that specified in Section 13.5 of this Appendix 2.

  • Customary Fringe Benefits Executive will be eligible for all customary and usual fringe benefits generally available to executives of Company subject to the terms and conditions of Company’s benefit plan documents. Company reserves the right to change or eliminate the fringe benefits on a prospective basis, at any time, effective upon notice to Executive.

  • Risk Management Except as required by applicable law or regulation, (i) implement or adopt any material change in its interest rate and other risk management policies, procedures or practices; (ii) fail to follow its existing policies or practices with respect to managing its exposure to interest rate and other risk; or (iii) fail to use commercially reasonable means to avoid any material increase in its aggregate exposure to interest rate risk.

  • Ordinary Course The transactions contemplated by this Agreement and the other Basic Documents to which the Seller is a party are in the ordinary course of the Seller’s business.

  • Deductibles The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance.

Time is Money Join Law Insider Premium to draft better contracts faster.