Order of Transactions. The transactions provided for in --------------------- Articles I, II and III of this Agreement shall be completed in the following order:
Order of Transactions. Checks and other debits are presented against your Account by posting transactions according to a processing schedule of transaction files received from external sources. The schedule is derived from the anticipated time files are received for checks, ACH and debit card transactions. For ACH and Electronic Check processing, credit transactions are posted first throughout the day followed by debit transactions, regardless of the dollar amount of the item. The timing of files received for processing can affect whether an item is paid or returned unpaid and the amount of overdraft fees charged to your Account. In the event you do not have sufficient funds in your Available Balance to clear an item, the Credit Union will reprocess the items presented at the end of the day for additional attempts to pay the item for same day and/or next day processing. In the meantime, other transactions will continue to process and post.
Order of Transactions. 5.1. Transactions in the System are made on the basis of Orders placed by Users and in accordance with the conditions defined by the Parties based on the preliminary conditions of the paid alienation of rights for the Tools. In this, the Service, under no circumstances, is a party to Transactions. All Transactions are concluded between Users in the Service information mediation.
Order of Transactions. The parties hereto acknowledge and agree that, notwithstanding anything herein to the contrary, for purposes of this Agreement and the documents, certificates, opinions and deliverables given in connection with the transactions contemplated hereby, the execution and delivery of the Financing Documents, the issuance and sale of the Notes, the repayment of the Existing Indebtedness and the transfer by Harbor Hydro Holdings, LLC of the Equity Interests in the Company to the Pledgor shall be deemed to have occurred simultaneously such that all documents to be authorized, executed and delivered by the Company may be authorized by the Pledgor as its sole member regardless of the actual time when executed. If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Company, whereupon this Agreement shall become a binding agreement between you and the Company. Very truly yours, SENECA GENERATION, LLC By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Treasurer This Agreement is hereby accepted and agreed to as of the date hereof. AMERICAN GENERAL LIFE INSURANCE COMPANY THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK THE VARIABLE ANNUITY LIFE INSURANCE COMPANY AMERICAN HOME ASSURANCE COMPANY LEXINGTON INSURANCE COMPANY, as Initial Purchasers By: AIG Asset Management (U.S.), LLC, as Investment Adviser By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Managing Director This Agreement is hereby accepted and agreed to as of the date hereof. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, as an Initial Purchaser By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Assistant Treasurer This Agreement is hereby accepted and agreed to as of the date hereof. ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, as an Initial Purchaser By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Authorized Signatory This Agreement is hereby accepted and agreed to as of the date hereof. The Bank of New York Mellon, as Trustee, pursuant to the Trust Agreement among Allstate Life Insurance Company, as Grantor, Lincoln Benefit Life Company, as Beneficiary, and The Bank of New York Mellon, as Trustee, as an Initial Purchaser By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Vice President This Agreement is hereby accepted and agreed to as of the date hereof. COBANK, ACB, as an Initial Purchaser By: /s/ Xxxxxxx Xxx Name: Xxxxxx...
Order of Transactions. (a) The applicable Parties shall have entered into the following agreements and the following actions shall have taken place simultaneously with the execution of this Agreement and the consummation of the transactions contemplated by the Benchmark Agreements:
Order of Transactions. The Parties intend that the transactions set forth in Section 2.1 shall take place in the order in which such transactions are listed. However, in order to facilitate the consummation of the transactions contemplated by this Agreement, the Parties may deliver documents or payments required to be made under this Agreement to another Party prior to the time that such documents or payments are required to be delivered in accordance with the order of the transactions set forth in Section 2.1. Any Party that receives a document or payment prior to the time it is required to be delivered in accordance with the order set forth in Section 2.1 shall hold such document or payment in escrow until the applicable transaction takes place in accordance with such order (at which time such document or payment shall be deemed to be released from escrow and delivered in accordance with the terms of this Agreement).
Order of Transactions. Except as described in this section, our general procedure is to present transactions received throughout the day against your Account in the order of arrival, regardless of the dollar amount or type of transaction. Deposits and other credit transactions are allocated to the Available Balance in your Account prior to debit transactions. The order of transaction processing can affect the Available Balance in your Account used by us to determine whether you have sufficient funds to cover a debit transaction. For this reason, the order of transaction processing can affect our decision to pay or return an item and charge an associated Courtesy Pay Fee or Insufficient Funds Fee, respectively to your Account. Debit transaction refers to any item presented for payment against your Account, including merchants that present items previously returned unpaid. External payments (i.e., checks and ACH items received through the banking system) are presented according to our processing schedule derived based on the anticipated time of arrival. For the purposes of this section, external payments do not include debit card purchases and ATM withdrawals. When more than one transaction is presented from a group of transactions, the items will be initially presented in the order of arrival sequence within that group of transactions. It is important to understand that even though a transaction was approved, it may still overdraw your Account even if the Available Balance in your Account was sufficient at the time the debit transaction was initiated. In the event that a debit transaction posts to your Account without sufficient funds in your Available Balance, a fee may be assessed even if this debit transaction was initiated when sufficient funds were available in your Account. During the end of day processing, we will consider positive changes to the Available Balance to avoid Courtesy Pay Fees or Insufficient Funds Fees. The Credit Union’s determination of an insufficient Account balance for the purpose of assessing fees will be made at any time during end of day processing.
Order of Transactions. 11 7.1. ......................................................... 11 ARTICLE 8 - MISCELLANEOUS................................................ 12 8.1. Consents................................................. 12 8.2. Failure to Deliver Shares................................ 12 8.3. Assignment and Binding Effect............................ 13 8.4. Waiver................................................... 13 8.5. Notices.................................................. 13 8.6. Delaware Law to Govern................................... 13 8.7. No Benefit to Others..................................... 13 8.8. Contents of Agreement.................................... 13 8.9. Cooperation.............................................. 14 8.10. Severability............................................. 14 EXHIBIT A - Members of Kirkland Holdings L.L.C. EXHIBIT B - The Warrantholders and Warrantholder Shares EXHIBIT C - Affiliates of Kirkxxxx'x, Xxc. EXHIBIT D - Shareholder Ownership EXHIBIT E - Company Charter Schedule 4.12 - "Accredited Investor" Schedule 6.4 - Notices -ii- 4 CONTRIBUTION, REDEMPTION AND PURCHASE AGREEMENT This CONTRIBUTION, REDEMPTION AND PURCHASE AGREEMENT (the "Agreement") is dated as of this 29th day of April, 1998 and is by and among the following parties: KIRKXXXX'X, XXC., a Tennessee corporation (the "Company"); KIRKLAND HOLDINGS L.L.C., a Delaware limited liability company ("Holdings"), The MEMBERS of Holdings (the "Members") identified on Exhibit A attached hereto, being the holders of one hundred percent (100%) of the interests in Holdings' capital and profits; THE WARRANTHOLDERS (the "Warrantholders"), identified on Exhibit B attached hereto, THE ALLIXXX XXXXX XXXXXXXX XXXST (the "ALA Trust"), THE AMY XXXXXXXXX XXXXXXXX XXXST (the "AKA Trust"), THE CARL X. XXXXXXXX XXXNTOR RETAINED ANNUITY TRUST 97-1 (xxx "Xxxxxxxx XXXX"), CARL XXXXXXXX ("XK"), ROBEXX XXXXXXXX ("XK"), AND
Order of Transactions. 7.1. The parties agree that for all purposes, the transactions contemplated by this Agreement shall be deemed to occur in the following order:
Order of Transactions. 5.1. The Company gives the Client an opportunity to make transactions with the instruments on the conditions specified on the Company's website and (or) stipulated in the individual agreements of the Parties.
