Enforcement of Claims. 24.1 Notification of amount in default: Without prejudice to the provisions of Section 21, if a Pool Member or the Grid Operator shall fail to pay any amount payable pursuant to this Schedule on the due date, the Pool Funds Administrator shall notify the Director, the Executive Committee and each Pool Creditor to whom the amount in default is owed pursuant to this Agreement of the name of the non-paying Pool Debtor, the aggregate amount in default and the amount owed to each Pool Creditor.
Enforcement of Claims. If a claim under Section 1 of this Bylaw is not paid in full by the corporation within 60 days after a written claim pursuant to Section 2 of this Bylaw has been received by the corporation, the claimant may at any time thereafter bring suit against the corporation to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the corporation) that the claimant has not met the standard of conduct which makes it permissible under the Delaware General Corporation Law for the corporation to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the corporation. Neither the failure of the corporation (including its Board of Directors, Independent Counsel or stockholders) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the Delaware General Corporation Law, nor an actual determination by the corporation (including its Board of Directors, Independent Counsel or stockholders) that the claimant has not met such applicable standard of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct. If a determination shall have been made pursuant to this Section 2 that the claimant is entitled to indemnification, the corporation shall be bound by such determination in any judicial proceeding commenced pursuant to this Section 3. The corporation shall be precluded from asserting in any judicial proceeding commenced pursuant to this Section 3 that the procedures and presumptions of this Bylaw are not valid, binding and enforceable and shall stipulate in such proceeding that the corporation is bound by all the provisions of this Bylaw.
Enforcement of Claims. All rights of action and asserting claims under the Loan Documents may be enforced by the Agent without the possession of any of the Notes or the production thereof on any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Agent shall be brought in its own name on behalf of all Holders, as Agent of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Agent, each predecessor Agent and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been sought. In any proceedings brought by the Agent (and also any proceedings involving the interpretation of any provision of this Agreement), the Agent shall be held to represent all the Holders of the Notes, and it shall not be necessary to make any Holders of the Notes parties to any such proceedings.
Enforcement of Claims. The name "
Enforcement of Claims. During the term of this Agreement, the Companies shall have the obligation to investigate, present and prosecute known claims with respect to the Xxxxxxx County Unit 2 Project, including claims against insurers and indemnitors providing insurance or indemnities with respect to any loss of or damage to any property of the Xxxxxxx County Unit 2 Project, or any interest of the Parties pertaining thereto, and with respect to any liability of the Parties covered by insurance or an indemnity agreement. To the extent that such loss, damage, or liability is not covered by insurance or by an indemnity agreement, the Companies shall present and prosecute claims therefor against any Persons who may be liable therefor, provided, however, the Companies are not required to resort to litigation or an alternative resolution procedure against an Affiliate of the Companies or to initiate, present, or prosecute any claim which, in their sole judgment exercised in good faith, is without sufficient merit to warrant such enforcement, or otherwise is inconsistent with the Parties’ general business interests related to the Xxxxxxx County Unit 2 Project. Nothing herein shall require the Companies to invoke any certain type of enforcement procedure, or to seek, or to continue to seek, enforcement of any claim, when in the Companies’ sole judgment, the Parties’ general business interests related to the Xxxxxxx County Unit 2 Project are better served by settling or withdrawing such claim. If the amount of any such claim by the Parties against non-Affiliates of the Companies arising out of the (i) Development Phase or the Construction Phase exceeds five hundred thousand dollars ($500,000) or (ii) Operating Phase exceeds two hundred fifty thousand dollars ($250,000), the Companies shall notify the Parties of the existence and nature of such claim and shall also notify the Parties if and when any settlement of any such claim is accomplished by the Companies. In the event that the Companies do not diligently attempt to settle or, failing settlement, prosecute a claim nothing herein shall prevent IMEA or IMPA from prosecuting such claim or demand in its own name, to the extent of, and as such claim or demand affects its interest, provided, however, with respect to material claims against Affiliates of the Companies, IMEA and IMPA shall refrain from prosecution or demands until the Companies have had a reasonable period to settle or resolve such claim as provided below. Costs and expenses ...
Enforcement of Claims. The PMF Master Fund agrees, upon request of the Buyer, to enforce all claims that it may have against the Endowment Fund relating to the Contemplated Transactions.
Enforcement of Claims. 9 - Section 3.04. Application of Monies Collected After Default . . . . - 9 - Section 3.05.
Enforcement of Claims. The name "Olympic Trust" is the designation of the Trustees under a Declaration of Trust, and the Custodian acknowledges that all persons dealing with the Trust must look solely to the property of the Trust for the enforcement of claims against the Trust, as neither the Trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Trust. OLYMPIC TRUST FIRST WISCONSIN TRUST COMPANY By: /s/ GEORXX XXXXXX By: /s/ JAMEX X. XXXXX -------------------------------- -------------------------------- Attest: Attest: /s/ ANDRXX XXXOPH ---------------------------- ---------------------------- Assistant Secretary - 4 - 5 FIRST WISCONSIN TRUST COMPANY MUTUAL FUND SERVICES SHAREHOLDER ACCOUNTING SERVICES NO-LOAD FUNDS ANNUAL FEE SCHEDULE Features - Quarterly Dividends - Telephone Exchange - Telephone Redemption Annual Fee Schedule $10.00 per Shareholder Account on the first 10,000 accounts $ 9.50 per Shareholder Account on the next 10,000 accounts $ 9.00 per Shareholder Account on the next 40,000 accounts $ 8.50 per Shareholder Account on the next 40,000 accounts $ 8.00 per Shareholder Account on the balance Minimum annual fees of $18,000 for the first fund and $6,000 for each additional fund. - $7.50 per Federal Wire Transfer - $5.00 per Exchange - $2.00 per Shareholder Account for daily accrual and/or monthly dividends Fees Billed Monthly Plus Out-of-Pocket Expenses including, but not limited to: - Telephone - Postage - Programming - Retention of Records - Stationary/Envelopes - Mailing - Insurance - Proxies - Microfilm/Fiche of Records - Special Reports - All Other Out-of-Pocket Expenses The Shareholder Servicing Agreement made and entered into on January 31, 1990 by and between Olympic Trust, A Massachusetts business Trust (Hereinafter referred to as the "Trust") and Firstar Trust Company, a Corporation organized under the laws of the state of Wisconsin, (hereinafter referred to as "Agent") is hereby amended to add the following paragraph:
Enforcement of Claims. The name "Prudential Equity Income Fund" is the designation of the Trustees under an Amended and Restated Declaration of Trust dated August 16, 1994, and all persons dealing with the Fund must look solely to the property of the Fund for the enforcement of any claims against the Fund, and neither the Trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Fund.
Enforcement of Claims. The Master Distributor shall, at MVL’s expense, make or cause to be made all necessary claims and filings (including those reasonably requested by the Control Party) in connection with all Statutory Copyright Revenues arising from the Distribution Rights in and to each Completed Film, and shall collect or arrange for the collection of, pursuant to the terms hereof, all such Statutory Copyright Revenues for inclusion in Gross Receipts of the respective Completed Films from time to time, including the enforcement of its rights and remedies with respect thereto under each Studio Distribution Agreement and each other Distribution Agreement.
