Safe Harbor The parties hereto intend (a) for this Guaranty and each Transaction to qualify for the safe harbor treatment provided by the Bankruptcy Code and for Buyer to be entitled to all of the rights, benefits and protections afforded to Persons under the Bankruptcy Code with respect to a “securities contract” as defined in Section 741(7) of the Bankruptcy Code and that payments under the Repurchase Documents are deemed “margin payments,” “settlement payments” or a “transfer,” as defined in Section 101 of the Bankruptcy Code, (b) for the grant of a security interest set forth in Section 6 of the Repurchase Agreement to also be a “securities contract” as defined in Section 741(7)(A)(xi) of the Bankruptcy Code, and (c) that Buyer (for so long as Buyer is a “financial institution,” “financial participant” or other entity listed in Section 555, 559 or 362(b)(6) of the Bankruptcy Code) shall be entitled to the “safe harbor” benefits and protections afforded under the Bankruptcy Code with respect to a “securities contract,” including (x) the rights, set forth in Sections 13 and 22 of the Repurchase Agreement and in Section 555, 559 and 561 of the Bankruptcy Code, to liquidate the Purchased Loans and terminate the Repurchase Agreement and this Guaranty, and (y) the right to offset or net out as set forth in the Repurchase Agreement, in Section 18 hereof and in Section 362(b)(6) of the Bankruptcy Code.
Code Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Switching and Tagging Rules The Developer and Connecting Transmission Owner shall each provide the other Party a copy of its switching and tagging rules that are applicable to the other Party’s activities. Such switching and tagging rules shall be developed on a nondiscriminatory basis. The Parties shall comply with applicable switching and tagging rules, as amended from time to time, in obtaining clearances for work or for switching operations on equipment.
REIT Treatment The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to be so qualified.
Reliance as Safe Harbor For purposes of any determination of good faith, Indemnitee shall be deemed to have acted in good faith if Indemnitee’s action is based on the records or books of account of the Enterprise, including financial statements, or on information supplied to Indemnitee by the officers of the Enterprise in the course of their duties, or on the advice of legal counsel for the Enterprise or on information or records given or reports made to the Enterprise by an independent certified public accountant or by an appraiser or other expert selected with the reasonable care by the Enterprise. The provisions of this Section 11(d) shall not be deemed to be exclusive or to limit in any way the other circumstances in which Indemnitee may be deemed to have met the applicable standard of conduct set forth in this Agreement.
Reg Section 1.817-5(a)(2) and Revenue Procedure 92-25 (or its successor) to request relief from the Commissioner of Internal Revenue Service, and that in such an event Adviser shall work in conjunction with Sub-Adviser in the preparation of any request for relief or closing agreement and, to the extent that Adviser is seeking indemnification under Section 11 hereof, no filings or agreements shall be made with the Commissioner of Internal Revenue Service without the prior written approval of Sub-Adviser. The Adviser agrees that the Sub-Adviser shall not be liable for any failure to recommend the purchase or sale of any security on behalf of any Fund on the basis of any information which might, in the Sub-Adviser's opinion, constitute a violation of any federal or state laws, rules or regulations. The Sub-Adviser further agrees that it:
California Residents A married applicant may apply for a separate Account. Applicants: 1) may, after credit approval, use the credit card Account up to its credit limit; 2) may be liable for amounts extended under the plan to any joint applicant. As required by law, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations.
562A 9(3) Kansas On the due date (no grace period) § 58-2545(c) Kentucky On the due date (no grace period) § 383.565(2) Louisiana On the due date (no grace period) La. Civ. Code art. 2703(1) Maine 15-day grace period Chapter 710, §6028(1) Maryland On the due date (no grace period) § 8-401(a) Massachusetts 30-day grace period. Chapter 186, Section 15B(1)(c) Michigan On the due date (no grace period) § 554.131 Minnesota Not defined No statute Mississippi Not defined No statute Missouri On the due date (no grace period) Rev. § 535.060 Montana On the due date (no grace period) § 70-24-201(2)(c) Nebraska On the due date (no grace period) § 76-1414(3) Nevada On the due date (no grace period) NRS 118A.210(1) New Hampshire Not defined No statute New Jersey 5 business day grace period § 2A:42-6.1(1) New Mexico On the due date (no grace period) § 47-8-15(B) New York 5-day grace period Housing Stability and Tenant Protection act of 2019 North Carolina 4-day grace period § 42-46(a) North Dakota Not defined No statute Ohio Not defined No statute Oklahoma On the due date (no grace period) § 41-109(B) Oregon On the due date in the lease, but there is a 4-day grace period before a late fee may be imposed § ORS 90.220(7)(a), ORS 90.260(1)(a) Pennsylvania Not defined No statute Rhode Island On the due date (no grace period) § 34-18-15(c) South Carolina On the due date (no grace period) § 27-40-310(c) South Dakota Not defined No statute Tennessee On the due date in the lease, but there is a 5-day grace period before a late fee may be imposed § 66-28-201(c), § 66-28-201(d) Texas Not defined No statute Utah Not defined No statute Vermont On the due date (no grace period) 9 V.S.A. § 0000 Xxxxxxxx Xx the due date in the lease, but there is a 5-day grace period before a late fee may be imposed § 55.1-1204(C)(4), § 55.1-1204(C)(5) Washington 5-day grace period RCW 59.18.170 West Virginia Not defined No statute Wisconsin Not defined No statute Wyoming Not defined No statute Late Fees (maximum allowed) The late fees or the maximum amount a landlord may charge for late rent is not defined in most States. This does not mean that late fees are not allowed, rather, it suggests that the landlord is able to charge as much as desired as long as it is written in the lease. State Late Rent Fees (maximum allowed) Laws Alabama Not defined No statute Alaska Not defined No statute Arizona No maximum, although it must be stated in the lease. ARS 33-1368(B) Arkansas Not defined No statute California Must be a “good faith estimate of the damages likely to be suffered by the landlord in the case of a late payment.” Also, the late fee must be written in the lease. Xxxxxx x.
Health & Safety (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time.
Cultural Resources If a cultural resource is discovered, the Purchaser shall immediately suspend all operations in the vicinity of the cultural resource and notify the Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural resources identified and protected elsewhere in this contract are exempted from this clause. Cultural resources, once discovered or identified, are not to be disturbed by the Purchaser, or his, her or its employees and/or sub- contractors.