Funding Decision Sample Clauses

Funding Decision. Each Owner acknowledges that it has, independently and without reliance upon the Administrative Agent, and based on such documents and information as it has deemed appropriate, made its own evaluation and decision to enter into this Agreement and to fund an interest in the Invested Amount. Each Owner also acknowledges that it will, independently and without reliance upon the Administrative Agent or any of their respective Affiliates, and based on such documents and information as it shall deem appropriate at the time, continue to make its own decisions in taking or not taking action under this Agreement or any related agreement, instrument or other document.
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Funding Decision. Each Bank may fund each Eurodollar Rate Loan in any manner it sees fit; but for the purposes of this Section all determinations shall be made as if each such Bank funded such Eurodollar Rate Loan through the purchase of deposits having a maturity corresponding to its Interest Period and an interest rate equal to the relevant Eurodollar Base Rate.
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Funding Decision. As mentioned above, for the Kentucky plant to proceed, additional funding was required. The timeframe available to secure this funding was limited by the critical path of the project. In the context of this timeframe, XXX XX was unable to secure third party funding and ION Limited became the only realistic source of funds. The following work was done to assist the Administrators in deciding whether ION Limited should provide financial support which would allow the Kentucky plant to proceed: ▪ the Administrators obtained Ford’s views on the plant and established its desire to take the product, with favourable results; ▪ an independent engineering assessment of the plant was completed at the Administrators’ request, which was also favourable; ▪ the Administrators reviewed the financial forecasts for the plant in detail. These were found to be inaccurate in respect of certain key assumptions. However, revised forecasts were prepared which although less buoyant remained positive; and ▪ the Administrators obtained the views of Credit Suisse First Boston (“CSFB”) on the ability to sell the ION US operations and the impact which any such sale might have on the ability to sell other ION Automotive Group business units as a package. It was the Administrators’ judgment that, with Ford’s commitment to the plant, it was in the best interests of creditors of the ION Administration Group to fund the project to Job 1. The Administrators’ advice was that the prospects of a combined wheels business sale (including the ION NZ operations and possibly North Plympton) were greatly enhanced by the completion of the Kentucky plant. Market soundings from potential purchasers were clearly supportive of a wheels business which has the benefit of US presence, market access and growth potential. Accordingly, the investment in the Kentucky plant was seen as having a positive impact on overall sale proceeds for the benefit of creditors of the ION Administration Group as a whole. It should be noted, however, that the ION US entities are not parties to the Deed of Cross Guarantee. As such, creditors of the Pooled Entities cannot rely on the Deed of Cross Guarantee to seek payment of their debts and claims against ION US. However, the ION US entities have each provided guarantees to the Lenders to the ION Consolidated Group and therefore, those Lenders are creditors of ION US. Consequently, any surplus on sale of ION US or their operations, after repayment of the secured loans advanced by...
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Funding Decision. §7. The call shall be concluded within 6 months of the proposal submission date.
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Funding Decision. 46 Section 3.7 Rate of Return Maintenance Covenant...................................46 Section 3.8 Illegality of Eurodollar Rate Loans; Inability to Determine LIBOR Rate............................................................47
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Funding Decision. California Public Utilities Commission ("CPUC") Decision 96-08-038 (August 2, 1996) as modified by CPUC Decision 96-10-044 (October 25, 1996), as that decision may be modified or superseded. This decision among other things provides for funding of the Work pending establishment of, and assumption of such funding by, the Independent System Operator, and enables a Trustee, a trust advisory committee and independent technical advisors to have oversight over the Work and payments for such Work.
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Related to Funding Decision

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Investment Decision The Purchaser understands that nothing in the Agreement or any other materials presented to the Purchaser in connection with the purchase and sale of the Shares constitutes legal, tax or investment advice. The Purchaser has consulted such legal, tax and investment advisors as it, in its sole discretion, has deemed necessary or appropriate in connection with its purchase of the Shares.

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth:

  • Credit Decision Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement.

  • SITE-BASED DECISION MAKING A. The District shall provide the training and staff development to support accountability/site- based decision-making activities. Teachers shall be given release time to attend these programs.

  • Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) « » « » « » « »

  • Independent Credit Decision The Assignee (a) acknowledges that it has received a copy of the Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements of the Borrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Credit Agreement.

  • Independent Credit Decisions Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or related agreement or any document furnished hereunder or thereunder.

  • Independent Investment Decision Such Purchaser has independently evaluated the merits of its decision to purchase the Shares pursuant to the Agreement, and such Purchaser confirms that it has not relied on the advice of any other Purchaser’s business and/or legal counsel in making such decision. Such Purchaser has not relied on the business or legal advice of the Company or any of its agents, counsel or Affiliates in making its investment decision hereunder, and confirms that none of such Persons has made any representations or warranties to such Purchaser in connection with the transactions contemplated by the Transaction Documents.

  • Credit Decisions Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

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