Obligations and Covenants of the Fund Sample Clauses

Obligations and Covenants of the Fund. The Fund shall:
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Obligations and Covenants of the Fund. 18 5.01 Obligations and Covenants of the Fund 18 ARTICLE 6 - ACTIVITIES OF ADMINISTRATOR 18 6.01 Standard of Care 18 6.02 No Additional Duty 18 6.03 Other Activities and Conflict of Interest 18 6.04 Reliance 20 6.05 Delegation and Sub-Delegation 20 6.06 Liability of Administrator and Others 21 6.07 Additional Information 22 6.08 Confidentiality 22 ARTICLE 7 - INDEMNIFICATION 23 7.01 Indemnification of the Administrator 23 7.02 Indemnification of the Fund and the Trustee 24 7.03 Method of Asserting Claims 24 7.04 Net Amount 26 7.05 Third Party Beneficiaries 26 7.06 Subrogation Rights 26 ARTICLE 8 - TERM 26 8.01 Term 26 8.02 Renewal 26 8.03 Survival 27 ARTICLE 9 - TERMINATION 27
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Obligations and Covenants of the Fund. 19 5.01 Obligations and Covenants of the Fund 19
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Related to Obligations and Covenants of the Fund

  • Covenants of the Company The Company covenants with each Underwriter as follows:

  • Covenants of the Borrower SECTION 5.01.

  • Representations, Warranties and Covenants of the Company The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:

  • Representations and Covenants In accordance with IRS Notice 2001-82 and IRS Notice 88-129, the Interconnection Customer represents and covenants that (i) ownership of the electricity generated at the Large Generating Facility will pass to another party prior to the transmission of the electricity on the CAISO Controlled Grid, (ii) for income tax purposes, the amount of any payments and the cost of any property transferred to the Participating TO for the Participating TO's Interconnection Facilities will be capitalized by the Interconnection Customer as an intangible asset and recovered using the straight-line method over a useful life of twenty (20) years, and (iii) any portion of the Participating TO's Interconnection Facilities that is a “dual-use intertie,” within the meaning of IRS Notice 88-129, is reasonably expected to carry only a de minimis amount of electricity in the direction of the Large Generating Facility. For this purpose, “de minimis amount” means no more than 5 percent of the total power flows in both directions, calculated in accordance with the “5 percent test” set forth in IRS Notice 88- 129. This is not intended to be an exclusive list of the relevant conditions that must be met to conform to IRS requirements for non-taxable treatment. At the Participating TO’s request, the Interconnection Customer shall provide the Participating TO with a report from an independent engineer confirming its representation in clause (iii), above. The Participating TO represents and covenants that the cost of the Participating TO's Interconnection Facilities paid for by the Interconnection Customer without the possibility of refund or credit will have no net effect on the base upon which rates are determined.

  • Representations, Warranties and Covenants of the Corporation The Corporation represents, warrants, covenants and agrees that:

  • RIGHTS OF THE CORPORATION AND COVENANTS 33 Section 5.1 Optional Purchases by the Corporation 33 Section 5.2 General Covenants. 33 Section 5.3 Warrant Agent’s Remuneration and Expenses. 34 Section 5.4 Performance of Covenants by Warrant Agent 35 Section 5.5 Enforceability of Warrants. 35 ARTICLE 6 ENFORCEMENT 35

  • Covenants of the Parties The parties hereto agree that:

  • Covenants of the Purchaser The Purchaser covenants and agrees with the Company as follows:

  • OBLIGATIONS OF THE LESSEE A. The Lessee shall keep the premises in a clean, sanitary, neat and presentable condition.

  • Indemnification Covenants (a) Notwithstanding any other provisions in this Fee Agreement or in any other agreements with the County, the Company agrees to indemnify, defend and save the County, its County Council members, elected officials, officers, employees, servants and agents (collectively, the “Indemnified Parties”) harmless against and from all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on the Project or the Land by the Company or any Sponsor Affiliate, their members, officers, shareholders, employees, servants, contractors, and agents during the Term, and, the Company further, shall indemnify, defend and save the Indemnified Parties harmless against and from all claims arising during the Term from (i) entering into and performing its obligations under this Fee Agreement, (ii) any condition of the Project, (iii) any breach or default on the part of the Company or any Sponsor Affiliate in the performance of any of its obligations under this Fee Agreement, (iv) any act of negligence of the Company or any Sponsor Affiliate or its agents, contractors, servants, employees or licensees, (v) any act of negligence of any assignee or lessee of the Company or any Sponsor Affiliate, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Company or any Sponsor Affiliate, or (vi) any environmental violation, condition, or effect with respect to the Project. The Company shall indemnify, defend and save the County harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon, and upon notice from the County, the Company shall defend it in any such action, prosecution or proceeding with legal counsel acceptable to the County (the approval of which shall not be unreasonably withheld).

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