Earmarking Clause Samples

Earmarking. The subject matter of the order to parcelLab shall include the services, work and/or performances described and agreed in more detail in the main contract.

Earmarking. The Recipient and the Grantor and/or Lender acknowledge that funds from all disbursements paid in accordance with the Agreements are not “earmarked” within the meaning of Treasury Regulations Section 53.4945-2(a)(5)(i), to be used (a) in any attempt to influence legislation within the meaning of Section 4945(e) of the Code or (b) to engage in any other activity, directly or indirectly, that would result in the imposition of an excise tax on the Grantor and/or Lender pursuant to Chapter 42 of Subtitle A of Title 26 of the United States Code if engaged in by the Grantor and/or Lender itself. There exists no agreement, oral or written, whereby the Grantor and/or Lender may cause the Recipient to carry on propaganda, or otherwise attempt to influence legislation, to engage in any activity to influence the outcome of any specific public election, or to carry on directly or indirectly, any voter registration drive, to engage in any activity other than charitable activities specified in Section 170(c)(2)(B) of the Code, to make grants to individuals or organizations that would violate Section 4945(d)(3) or (4) of the Code, or whereby the Grantor and/or Lender may select the recipient to which the Recipient shall devote the annual disbursement.

Earmarking. When the $1,000,000 mentioned in paragraph 2(b) has been deposited as ▇▇▇▇▇▇▇ money, the sum of $450,000 shall be earmarked and held by the Closing Agent as the ▇▇▇▇▇▇▇ money deposit for this transaction, and the balance of the funds shall be earmarked as the ▇▇▇▇▇▇▇ money for the purchase of the Other Properties (as defined in paragraph 5(e)).

Earmarking. (1) This loan shall be exclusively used for funding 100% of the share of the Presenter of Capital Investment to an amount of 2,442,000.00 in the Southwall Europe GmbH company, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ (hereinafter called “receiver of capital investment”). (2) The Presenter of Capital Investment shall ensure that the funds transmitted to the Receiver of Capital Investment by the takeover of the share will be exclusively used for strengthening his basis of equity capital with a view to ensure co-financing of the following activities in ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ of Kamenz: Machines & equipment: DEM 23,100,100.00 Commercial building costs: DEM 15,200,000.00 The total funding shall be made in the following way: Amount of capital investment: DEM 2,442,000.00 Capital investment of the VMP Venture Management Partners GmbH: DEM 858,000,00 Grant /allowance in the framework of GA (joint task “improvement of the regional economic structure”) DEM 13,404,000.00 EKE (supplementary equity capital program) DEM 4,890,000.00 Other long-term third party funds DEM 13,500,000.00 Borrower’s own funds DEM 3,206,000.00 The Presenter of Capital Investment shall monitor the earmarked use of the funds and provide evidence, accordingly, to both the Bank and the KfW, on the annexed form upon termination of the project. The Presenter of Capital Investment shall keep records on his monitoring of the earmarked use of the participation funds. (3) The Presenter of Capital Investment shall notify the Bank instantly on any modification of the amount of capital investment or of the investment project or of the funding. (4) In the conditions of the KfW participation programs, version 12/98 for bank transmission, the KfW reserves the right to reduce the loan to the bank in due proportion, if the participation does not come true to the amount envisaged or if the ratio of participation should change. The Bank, too, shall have the right to reduce the loan granted to the Presenter of Capital Investment accordingly in such case. If the reduction concerns amounts already paid, the Bank shall immediately repay the amounts of reduction to the KfW. The Presenter of Capital Investment, on his part, undertakes paying the respective amounts to the Bank immediately.

Earmarking. The Processor shall process the personal data only for the specific purpose stated in Annex I, unless it receives further instructions from the Controller.

Earmarking. PG&E reserves the right to earmark deliveries from this Amended and Restated PPA.

Earmarking. PG&E intends to earmark deliveries received from the PPA toward meeting its RPS obligations or goals, as needed, but reserves the right to update its earmarking strategy for this contract. Advice No. 3671-E - 14 - May 11, 2010

Earmarking. PG&E is not proposing to earmark this contract.

Earmarking. If insurance contracts are so acquired, then either such acquisition shall be only at the Participant's request or the amount devoted to such purpose shall be a uniform percentage of each Participant's interest in the Employer's contribution. If such percentage of the Account of any Participant will provide an amount which is insufficient to purchase an insurance contract as above provided, then such purchase shall be deferred until the amount available therefor is sufficient; in the meantime retaining such amount as a reserve, in cash or invested so as to be readily converted into cash, for the benefit of such Participant.