Final Nature of Order Sample Clauses

Final Nature of Order. This Final Order will remain in full force and effect and nothing hereinafter occurring in the Chapter 11 Cases shall diminish or negatively affect the rights of the DIP Lender under the DIP Loan Documents, or the rights of the DIP Lender {00343138-5} under any DIP Facility Order or the rights and remedies of the DIP Lender under the DIP Loan Documents. The DIP Facility Orders, the DIP Loan Documents, the Interim Borrowing Liens, the Final Borrowing Liens and the Superpriority Claims granted to and conferred upon the DIP Lender shall continue in full force and effect and shall maintain their priorities as provided in the DIP Facility Orders until all DIP Obligations shall have been indefeasibly paid and satisfied in full and in cash. The DIP Facility Orders, the DIP Loan Documents, the Final Borrowing Liens and the Superpriority Claims shall remain binding on the Debtors, the estates of the Debtors, any Chapter 7 or 11 Trustee appointed in the Chapter 11 Cases, and all interested parties until all DIP Obligations shall have been indefeasibly paid and satisfied in full and in cash; and this Court shall retain jurisdiction for the purpose of enforcing the DIP Loan Documents, the DIP Facility Order, the Interim Borrowing Liens, the Final Borrowing Liens and the Superpriority Claims referred to herein.
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Related to Final Nature of Order

  • Execution of Orders All orders for the creation or redemption of Creation Units shall be handled in accordance with the terms of the Prospectus, and the procedures described in Attachments A and A-1 to this Agreement. In the event the procedures include the use of recorded telephone lines, the Participant hereby consents to such use. The Trust reserves the right to issue additional or other procedures relating to the manner of creating or redeeming Creation Units, and the Participant, and the Distributor agree to comply with such procedures as may be issued from time to time, upon reasonable notice thereof. The Participant understands and acknowledges that the Transfer Agent will not effect a creation or redemption until it has received confirmation of receipt of the Participant’s incoming security transfer and/or cash through the Trust’s Clearing Process, Fed Book-Entry System, Euroclear and/or DTC in the case of a creation, and through the Trust’s Clearing Process, Euroclear and/or DTC in the case of a redemption. With respect to any order for the creation or redemption of Creation Units, the Participant acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) to return to the Trust any dividend, distribution or other corporate action paid to it or to the party for which it is acting in respect of any Deposit Security that is transferred to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer should have been paid to the Trust. With respect to any orders for the creation or redemption of Creation Units, the Participant also acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) that the Transfer Agent is entitled to reduce the amount of money or other proceeds due to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer, should be paid to the Fund. With respect to any order for the creation or redemption of Creation Units, the Trust acknowledges and agrees to return to the Participant or any party for which it is acting any dividend, distribution or other corporate action paid to the Trust in respect of any Deposit Security that is transferred to the Trust that, based on the valuation of such Deposit Security at the time of transfer, should have been paid to the Participant or any party for which it is acting.

  • PLACEMENT OF ORDERS The Adviser shall arrange for the placing of all orders for the purchase and sale of securities for a Fund’s account with brokers or dealers selected by the Adviser. In the selection of such brokers or dealers and the placing of such orders, the Adviser is directed at all times to seek for each Fund the most favorable execution and net price available under the circumstances. It is also understood that it is desirable for the Funds that the Adviser have access to brokerage and research services provided by brokers who may execute brokerage transactions at a higher cost to the Funds than may result when allocating brokerage to other brokers, consistent with section 28(e) of the 1934 Act and any Commission staff interpretations thereof. Therefore, the Adviser is authorized to place orders for the purchase and sale of securities for a Fund with such brokers, subject to review by the Board from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to the Adviser in connection with its or its affiliates’ services to other clients.

  • Use of Order This Order shall not be construed or used as an admission, concession, or declaration by or against Defendants of any fault, wrongdoing, breach, or liability or a waiver of any claims or defenses, including but not limited to those as to the propriety of any amended pleadings or the propriety and scope of class certification. This Order shall not be construed or used as an admission, concession, or declaration by or against any named plaintiff, Class Representatives, or the Settlement Class that their claims lack merit, or that the relief requested in the Class Action is inappropriate, improper or unavailable. This Order shall not be construed or used as a waiver by any party of any arguments, defenses, or claims he, she, or it may have, including but not limited to any objections by Defendants to class certification in the event that the Settlement Agreement is terminated.

  • Duration of Order You may make an oral stop payment order which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires.

  • Form of Order 7.1 Subject to paragraphs 1 to 6 above, each Contracting Body may place an Order with the Supplier by serving an order in writing in substantially the form set out in Framework Agreement Schedule 4 (Order Form & Call-Off Terms). The Parties agree that any document or communication (including any document or communication in the apparent form of an Order) which is not in the form prescribed by this paragraph 7 shall not constitute an Order under this Framework Agreement.

  • Acceptance of Orders POSITION LIMITS.

  • Acceptance of Order 4.8 We may in our sole discretion accept an Order in whole or in part. An Order is accepted by us through our trading platform.

  • Use of State Facilities Resources and Equipment a. Meeting Space and Facilities. The Employer’s campuses and facilities may be used by the Union to hold meetings subject to the University’s policy and availability of the space. The Employer may provide private space for stewards and/or Union representatives to meet in confidence with those they represent on a space available basis. Staff representatives may reserve and utilize meeting rooms in accordance with University policy and procedure. Such requests will be subject to availability and all applicable fees.

  • Types of orders Buy Stop" suggests opening a buy position at a higher price than the actual price at the moment of the order placing; "Sell Stop" suggests a sell position opening at a lower price than the actual price at the moment of the order placing; "Buy Limit" suggests opening a buy position at a lower price than the actual price at the moment of the order placing; "Sell Limit" suggests opening a sell position at a higher price than the actual price at the moment of the order placing.

  • METHOD OF ORDERING The County shall issue Delivery Orders against the contract on an as needed basis for the goods or services listed on the Bid Response Form.

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