NSCC Covenants Sample Clauses

NSCC Covenants. Schwab and Fund Company agree (i) to perform any and all duties, functions, procedures and responsibilities assigned to them by NSCC rules, procedures or other requirements relating to Fund/SERV (“NSCC Fund/SERV Rules”), Defined Contribution Clearance & Settlement (“NSCC DCC&S Rules”), and Networking (“NSCC Networking Rules”), as applicable, in a competent manner; (ii) to maintain facilities, equipment and skilled personnel sufficient to perform the foregoing activities; (iii) that any information provided to the other party through Fund/SERV, DCC&S, or Networking will be accurate, complete, and in the format prescribed by the NSCC; and (iv) to adopt, implement and maintain procedures reasonably designed to ensure the accuracy of all transmissions through Fund/SERV, DCC&S, or Networking and to limit the access to, and the inputting of data into, Fund/SERV, DCC&S, and Networking to persons specifically authorized by the party.
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NSCC Covenants. Schwab and Fund Company agree (i) to perform any and all duties, functions, procedures, and responsibilities assigned to them by NSCC rules, procedures, or other requirements relating to Fund/SERV ("NSCC Fund/SERV"), Defined Contribution Clearance and Settlement ("DCC&S"), Networking ("Networking"), and the NSCC's Mutual Fund Profile Service ("MFPS") as applicable, in a competent manner; (ii) to maintain facilities, equipment, and skilled personnel sufficient to perform the foregoing activities; (iii) that any information provided to the other party through Fund/SERV, Networking, DCC&S, and MFPS will be accurate, complete, and in the format prescribed by the NSCC; (iv) to adopt, implement, and maintain procedures reasonably designed to ensure the accuracy of all transmissions through Fund/SERV, Networking, DCC&S, and MFPS, and (v) to limit the access to, and the inputting of data into, Fund/SERV, Networking, DCC&S, and MFPS to persons specifically authorized by the party.
Sample 1
NSCC Covenants. Each party agrees on its own behalf and on behalf of any of its agents that are Fund Members of NSCC (i) to perform any and all duties, functions, procedures, and responsibilities assigned to them by NSCC rules, procedures, or other requirements relating to NSCC services (“NSCC Rules”), including but not limited to Fund/SERV, DCC&S, Networking, and the NSCC’s Mutual Fund Profile Service (“MFPS”) as applicable (collectively the “NSCC Services”) in a competent manner; (ii) to maintain facilities, equipment, and skilled personnel sufficient to perform the foregoing activities; (iii) that any information provided to the other party through NSCC Services will be accurate, complete, and in the format prescribed by the NSCC; (iv) to adopt, implement, and maintain procedures reasonably designed to ensure the accuracy of all transmissions through NSCC Services, and (v) to limit the access to, and the inputting of data into, NSCC Services to persons specifically authorized by the party.
Sample 1
NSCC Covenants. Each of the Fund and the Company represents and warrants that either (i) it, or an affiliate, is a member of the NSCC and thus is authorized or entitled to use Fund/SERV and Networking, or (ii) it otherwise has access to Fund/SERV and Networking through a duly authorized agent that is a member of the NSCC. Each of the Fund and the Company further represents, warrants and covenants that (i) it will abide by the rules, guidelines and procedures of the NSCC relating to Fund/SERV and Networking; (ii) any information provided to the other party through Fund/SERV and Networking will be accurate, complete, and in the format prescribed by the NSCC; and (iii) it will adopt, implement and maintain procedures reasonably designed to ensure the accuracy of all transmissions through Fund/SERV and Networking and shall limit the access to, and the inputting of data into, Fund/SERV and Networking to specifically authorized persons.
Sample 1

Related to NSCC Covenants

  • Interim Covenants During the period from the date of this Agreement and continuing until the Closing, the Seller and the Stockholders each agree (except as expressly contemplated by this Agreement or to the extent that Buyer shall otherwise consents in writing) that:

  • Operating Covenants The Issuer covenants with the Indenture Trustee as follows, provided that any of the following covenants with respect to the Portfolio Railcars shall not be deemed to have been breached by virtue of any act or omission of a Lessee or sub-lessee, or of any Person which has possession of a Portfolio Railcar for the purpose of repairs, maintenance, modification or storage, or by virtue of any requisition, seizure, or confiscation of a Portfolio Railcar (other than seizure or confiscation arising from a breach by the Issuer of such covenant) (each, a “Third Party Event”), so long as (i) none of the Issuer, the Servicer or the Administrator has consented to such Third Party Event; and (ii) the Issuer (or the Servicer on its behalf) as the Lessor of such Portfolio Railcar promptly and diligently takes such commercially reasonable actions as a leading railcar operating lessor would reasonably take in respect of such Third Party Event, including, as deemed appropriate (taking into account, among other things, the laws of the jurisdiction in which such Portfolio Railcar is located or operated), seeking to compel such Lessee or other relevant Person to remedy such Third Party Event or seeking to repossess the relevant Portfolio Railcar:

  • Joint Covenants Buyer and Seller hereby covenant and agree as follows:

  • REPORTING COVENANTS The Borrower agrees with the Lenders, the Issuers and the Administrative Agent to each of the following, as long as any Obligation or any Revolving Credit Commitment remains outstanding and, in each case, unless the Requisite Lenders otherwise consent in writing:

  • Specific Covenants The Borrower fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03, 6.05, 6.10, 6.11 or 6.12 or Article VII; or

  • Continuing Covenants The Competitive Supplier agrees and covenants to perform each of the following obligations during the term of this ESA.

  • Parent Covenants The Parent will:

  • Information Covenants The Borrower will furnish to the Administrative Agent (which shall promptly make such information available to the Lenders in accordance with its customary practice):

  • Seller Covenants Seller covenants and agrees as follows:

  • Equipment Covenants With respect to the Equipment: (a) upon Lender's request, Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws; (d) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower assumes all responsibility and liability arising from the use of the Equipment.

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