Page 3 Sample Clauses

Page 3. ● The purpose for the Be-7 sediment sampling work, and how the data will be used to help understand the distribution of PCBs in Lower Xxxxxx sediments, should be specified in Section 1.3.3, Beryllium-7 Bearing Sediment Monitoring. In particular, how the data will be used to "evaluate near-surface sediment recovery" should be specified. As written, the plan does not attempt to explain how comparing the results from sampling and analysis of surface sediments for PCB and Be-7 will be used to “evaluate near-surface sediment recovery.” The sampling program as outlined will offer very limited insight into surface sediment PCB contamination rates throughout the Xxxxxx estuary.
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  • Page 6.1 Organization and Good Standing. 30 6.2 Due Authorization 31 6.3 No Conflicts 31 6.4 Consents 31 6.5 Enforceable Obligations 31 6.6 Financial Condition 31 6.7 No Default 32 6.8 Indebtedness 32 6.9 Litigation 32 6.10 Taxes 32 6.11 Compliance with Law 32 6.12 ERISA 33 6.13 Use of Proceeds 33 6.14 Government Regulation 33 6.15 Solvency 33 SECTION 7. AFFIRMATIVE COVENANTS 33 7.1 Information Covenants 34 7.2 Preservation of Existence and Franchises 35 7.3 Books and Records. 35 7.4 Compliance with Law. 35 7.5 Payment of Taxes. 35 7.6 Insurance 36 7.7 Performance of Obligations 36 7.8 ERISA. 36 7.9 Use of Proceeds 36 7.10 Audits/Inspections 36 7.11 Total Funded Debt to Capitalization 37 SECTION 8. NEGATIVE COVENANTS 37 8.1 Nature of Business 37 8.2 Consolidation and Merger 37 8.3 Sale or Lease of Assets 38 8.4 Limitation on Liens 38 8.5 Fiscal Year 38 SECTION 9. EVENTS OF DEFAULT 39 9.1 Events of Default 39 9.2 Acceleration; Remedies. 41 9.3 Allocation of Payments After Event of Default 42 SECTION 10. AGENCY PROVISIONS 42 10.1 Appointment 42 Page 10.2 Delegation of Duties 43 10.3 Exculpatory Provisions 43 10.4 Reliance on Communications 44 10.5 Notice of Default 44 10.6 Non-Reliance on Administrative Agent and Other Lenders 44 10.7 Indemnification 45 10.8 Administrative Agent in Its Individual Capacity 45 10.9 Successor Administrative Agent 46 SECTION 11. MISCELLANEOUS 46 11.1 Notices 46 11.2 Right of Set-Off; Adjustments 46 11.3 Benefit of Agreement 47 11.4 No Waiver; Remedies Cumulative 50 11.5 Payment of Expenses, etc. 50 11.6 Amendments, Waivers and Consents 51 11.7 Counterparts; Telecopy 52 11.8 Headings 52 11.9 Defaulting Lender 52 11.10 Survival of Indemnification and Representations and Warranties 52 11.11 GOVERNING LAW 52 11.12 WAIVER OF JURY TRIAL 53 11.13 Severability 53 11.14 Entirety 53 11.15 Binding Effect 53 11.16 Submission to Jurisdiction 53 11.17 Confidentiality 54 11.18 Designation of SPVs 54 SCHEDULES Schedule 1.1 Commitment Percentages Page Schedule 6.8 Indebtedness Schedule 11.1 Notices EXHIBITS Exhibit 2.1(b) Form of Competitive Bid Request Exhibit 2.2(a) Form of Notice of Borrowing Exhibit 2.2(c) Form of Notice of Conversion/Continuation Exhibit 2.6(a) Form of Revolving Loan Note Exhibit 2.6(b) Form of Competitive Bid Loan Note Exhibit 5.1(c) Form of Closing Certificate Exhibit 5.1(f) Form of Legal Opinion Exhibit 7.1(c) Form of Officer’s Certificate Exhibit 11.3 Form of Assignment Agreement 364-DAY CREDIT AGREEMENT 364-DAY CREDIT AGREEMENT (this “Credit Agreement”), dated as of May 30, 2002 among DOMINION RESOURCES, INC., a Virginia corporation, VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation, CONSOLIDATED NATURAL GAS COMPANY, a Delaware corporation (each of the above, individually, a “Borrower” and collectively, the “Borrowers”), the several banks and other financial institutions from time to time parties to this Credit Agreement (each a “Lender” and, collectively, the “Lenders”), JPMORGAN CHASE BANK, a New York banking corporation, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”), BANK OF AMERICA, N.A. and THE BANK OF NOVA SCOTIA, as Co-Syndication Agents, and BARCLAYS BANK PLC and CITIBANK, N.A., as Co-Documentation Agents. The parties hereto hereby agree as follows:

  • INITIALS GMO". The Manager owns the initials "GMO" which may be used by the Trust only with the consent of the Manager. The Manager consents to the use by the Trust of the name "GMO Trust" or any other name embodying the initials "GMO", in such forms as the Manager shall in writing approve, but only on condition and so long as (i) this Contract shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Contract expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Manager to the Trust to use said initials as part of a business or name is not exclusive of the right of the Manager itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Manager and the Trust, the Manager has the exclusive right so to authorize others to use the same; the Trust acknowledges and agrees that as between the Manager and the Trust, the Manager has the exclusive right so to use, or authorize others to use, said initials and the Trust agrees to take such action as may reasonably be requested by the Manager to give full effect to the provisions of this section (including, without limitation, consenting to such use of said initials). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Contract by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Manager made within six months after the Manager has knowledge of such termination or violation, use its best efforts to change the name of the Trust so as to eliminate all reference, if any, to the initials "GMO" and will not thereafter transact any business in a name containing the initials "GMO" in any form or combination whatsoever, or designate itself as the same entity as or successor to an entity of such name, or otherwise use the initials "GMO" or any other reference to the Manager. Such covenants on the part of the Trust shall be binding upon it, its trustees, officers, stockholders, creditors and all other persons claiming under or through it.

  • pages This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. Except as expressly set forth in subparagraphs 4(a) - 4(d), no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.

  • Signature Pages For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement.

  • SIGNATURE PAGE This Account Pledge Agreement has been entered into on the date stated at the beginning by SIG Information Technology GmbH as Pledgor By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorised Signatory The Bank of New York Mellon as Collateral Agent and Pledgee By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Vice President SCHEDULE 1

  • Intentionally Blank 109.11.3 Ports, If 90% YOY Volume Retention Plan Requirements Are Met 109.11.3.1 Analog Port $7.92

  • Sincerely, s/ Xxxx Xxxxx ---------------------------------------- Xxxx Xxxxx Senior Vice President ING Investors Trust ING Mutual Funds ING Variable Insurance Trust ACCEPTED AND AGREED TO: The Bank of New York By: /s/ Xxxxxx X. XxXxxx --------------------------------- Name: Xxxxxx X. XxXxxx Title: Managing Director, Duly Authorized 0000 X. Xxxxxxxxxx Xxxxx Xx. Tel: 000-000-0000 ING Investors Trust Scottsdale, AZ 00000-0000 Fax: 000-000-0000 ING Mutual Funds xxx.xxxxxxxx.xxx ING Variable Insurance Trust AMENDED EXHIBIT A FUND EFFECTIVE DATE ---- ------------------ ING CORPORATE LEADERS TRUST FUND ING Corporate Leaders Trust - Series A May 17, 2004 ING Corporate Leaders Trust - Series B May 17, 2004 ING EQUITY TRUST ING Convertible Fund June 9, 2003 ING Disciplined LargeCap Fund June 9, 2003 ING Financial Services Fund June 9, 2003 ING Fundamental Research Fund December 28, 2005 ING LargeCap Growth Fund June 9, 2003 ING LargeCap Value Fund February 1, 2004 ING MidCap Opportunities Fund June 9, 2003 ING MidCap Value Choice Fund February 1, 2005 ING MidCap Value Fund June 9, 2003 ING Opportunistic LargeCap Fund December 28, 2005 ING Principal Protection Fund June 2, 2003 ING Principal Protection Fund II June 2, 2003 ING Principal Protection Fund III June 2, 2003 ING Principal Protection Fund IV June 2, 2003 ING Principal Protection Fund V June 2, 2003 ING Principal Protection Fund VI June 2, 2003 ING Principal Protection Fund VII May 1, 2003 ING Principal Protection Fund VIII October 1, 2003 ING Principal Protection Fund IX February 2, 2004 ING Principal Protection Fund X May 3, 2004 ING Principal Protection Fund XI August 16, 2004 ING Principal Protection Fund XII November 15, 2004 ING Principal Protection Fund XIII TBD ING Principal Protection Fund XIV TBD ING Real Estate Fund June 9, 2003 ING SmallCap Opportunities Fund June 9, 2003 ING SmallCap Value Choice Fund February 1, 2005 ING SmallCap Value Fund June 9, 2003 ING FUNDS TRUST ING Classic Money Market Fund April 7, 2003 ING GNMA Income Fund April 7, 2003 ING High Yield Bond Fund April 7, 2003 ING Institutional Prime Money Market Fund July 29, 2005 ING Intermediate Bond Fund April 7, 2003 ING National Tax-Exempt Bond Fund April 7, 2003 ING GET FUND ING GET Fund - Series N July 14, 2003 ING GET Fund - Series P July 14, 2003 ING GET Fund - Series Q July 14, 2003 ING GET Fund - Series R July 14, 2003 ING GET Fund - Series S July 14, 2003 ING GET Fund - Series T July 14, 2003 ING GET Fund - Series U July 14, 2003 ING GET Fund - Series V March 13, 2003 ING GLOBAL EQUITY DIVIDEND AND PREMIUM OPPORTUNITY FUND March 28, 2005 ING GLOBAL ADVANTAGE AND PREMIUM OPPORTUNITY FUND October 27, 2005 ING INVESTMENT FUNDS, INC. ING MagnaCap Fund June 9, 2003 ING INVESTORS TRUST ING AllianceBernstein Mid Cap Growth Portfolio January 6, 2003 ING American Funds Growth Portfolio September 2, 2003 ING American Funds Growth-Income Portfolio September 2, 2003 ING American Funds International Portfolio September 2, 2003 ING Capital Guardian Small/Mid Cap Portfolio January 13, 2003 ING Capital Guardian U.S. Equities Portfolio January 13, 2003 ING Disciplined Small Cap Value Portfolio April 28, 2006 ING Eagle Asset Capital Appreciation Portfolio January 6, 2003 ING EquitiesPlus Portfolio April 28, 2006 ING Evergreen Health Sciences Portfolio May 3, 2004 ING Evergreen Omega Portfolio May 3, 2004 ING FMR(SM) Diversified Mid Cap Portfolio January 6, 2003 ING FMR(SM) Earnings Growth Portfolio April 29, 2005 ING FMR(SM) Equity Income Portfolio July 17, 2006 ING Franklin Income Portfolio April 28, 2006 ING Global Real Estate Portfolio January 3, 2006 ING Global Resources Portfolio January 13, 2003 ING Xxxxxxx Xxxxx Tollkeeper(SM) Portfolio January 6, 2003 ING International Portfolio January 13, 2003 ING Janus Contrarian Portfolio January 13, 2003 ING JPMorgan Emerging Markets Equity Portfolio January 13, 2003 ING JPMorgan Small Cap Equity Portfolio January 13, 2003 ING JPMorgan Value Opportunities Portfolio April 29, 2005 ING Xxxxxx Xxxx Foreign Portfolio January 13, 2003 ING Xxxx Xxxxx Partners All Cap Portfolio January 6, 2003 ING Xxxx Xxxxx Value Portfolio January 13, 2003 ING LifeStyle Aggressive Growth Portfolio May 1, 2004 ING LifeStyle Growth Portfolio May 1, 2004 ING LifeStyle Moderate Growth Portfolio May 1, 2004 ING LifeStyle Moderate Portfolio May 1, 2004 ING Limited Maturity Bond Portfolio January 6, 2003 ING Liquid Assets Portfolio January 6, 2003 ING Lord Xxxxxx Affiliated Portfolio January 6, 2003 ING MarketPro Portfolio August 1, 2005 ING MarketStyle Growth Portfolio August 1, 2005 ING MarketStyle Moderate Growth Portfolio August 1, 2005 ING MarketStyle Moderate Portfolio August 1, 2005 ING Xxxxxxx Growth Portfolio January 13, 2003 ING Xxxxxxx International Opportunities Portfolio April 29, 2005 ING Mercury Large Cap Growth Portfolio January 6, 2003 ING Mercury Large Cap Value Portfolio January 6, 2003 ING MFS Mid Cap Growth Portfolio January 13, 2003 ING MFS Total Return Portfolio January 13, 2003 ING MFS Utilities Portfolio April 29, 2005 ING Xxxxxxxxxxx Main Street Portfolio(R) January 13, 2003 ING PIMCO Core Bond Portfolio January 13, 2003 ING PIMCO High Yield Portfolio November 5, 2003 ING Pioneer Equity Income Portfolio July 17, 2006 ING Pioneer Fund Portfolio April 29, 2005 ING Pioneer Mid Cap Value Portfolio April 29, 2005 ING Stock Index Portfolio November 5, 2003 ING X. Xxxx Price Capital Appreciation Portfolio January 13, 2003 ING X. Xxxx Price Equity Income Portfolio January 13, 2003 ING Xxxxxxxxx Global Growth Portfolio January 13, 2003 ING UBS U.S. Allocation Portfolio January 6, 2003 ING Xxx Xxxxxx Equity Growth Portfolio January 13, 2003 ING Xxx Xxxxxx Global Franchise Portfolio January 13, 2003 ING Xxx Xxxxxx Growth and Income Portfolio January 13, 2003 ING Xxx Xxxxxx Real Estate Portfolio January 13, 2003 ING VP Index Plus International Equity Portfolio July 29, 2005 ING Xxxxx Fargo Mid Cap Disciplined Portfolio January 6, 2003 ING Xxxxx Fargo Small Cap Disciplined Portfolio November 30, 2005 ING MAYFLOWER TRUST ING International Value Fund November 3, 2003 ING MUTUAL FUNDS ING Diversified International Fund December 7, 2005 ING Emerging Countries Fund November 3, 2003 ING Emerging Markets Fixed Income Fund December 7, 2005 ING Foreign Fund July 1, 2003 ING Global Bond Fund June 19, 2006 ING Global Equity Dividend Fund September 2, 2003 ING Global Real Estate Fund November 3, 2003 ING Global Value Choice Fund November 3, 2003 ING Greater China Fund December 7, 2005 ING Index Plus International Equity Fund December 7, 2005 ING International Capital Appreciation Fund December 7, 2005 ING International Fund November 3, 2003 ING International Real Estate Fund February 28, 2006 ING International SmallCap Fund November 3, 2003 ING International Value Choice Fund February 1, 2005 ING Precious Metals Fund November 3, 2003 ING Russia Fund November 3, 2003 ING PARTNERS, INC. ING American Century Large Company Value Portfolio January 10, 2005 ING American Century Select Portfolio January 10, 2005 ING American Century Small-Mid Cap Value Portfolio January 10, 2005 ING Baron Asset Portfolio December 7, 2005 ING Baron Small Cap Growth Portfolio January 10, 2005 ING Columbia Small Cap Value II Portfolio April 28, 2006 ING Xxxxx Venture Value Portfolio January 10, 2005 ING Fidelity(R) VIP Contrafund(R) Portfolio November 15, 2004 ING Fidelity(R) VIP Equity-Income Portfolio November 15, 2004 ING Fidelity(R) VIP Growth Portfolio November 15, 2004 ING Fidelity(R) VIP Mid Cap Portfolio November 15, 2004 ING Fundamental Research Portfolio January 10, 2005 ING Xxxxxxx Xxxxx(R) Capital Growth Portfolio January 10, 2005 ING Xxxxxxx Xxxxx(R) Structured Equity Portfolio January 10, 2005 ING JPMorgan International Portfolio January 10, 2005 ING JPMorgan Mid Cap Value Portfolio January 10, 2005 ING Xxxx Xxxxx Partners Aggressive Growth Portfolio January 10, 2005 ING Xxxx Xxxxx Partners Large Cap Growth Portfolio January 10, 2005 ING Lord Xxxxxx U.S. Government Securities Portfolio December 7, 2005 ING MFS Capital Opportunities Portfolio January 10, 2005 ING Xxxxxxxxx Xxxxxx Partners Portfolio December 7, 2005 ING Xxxxxxxxx Xxxxxx Regency Portfolio December 7, 2005 ING OpCap Balanced Value Portfolio January 10, 2005 ING Xxxxxxxxxxx Global Portfolio January 10, 2005 ING Xxxxxxxxxxx Strategic Income Portfolio January 10, 2005 ING PIMCO Total Return Portfolio January 10, 2005 ING Pioneer High Yield Portfolio December 7, 2005 ING Solution 2015 Portfolio April 29, 2005 ING Solution 2025 Portfolio April 29, 2005 ING Solution 2035 Portfolio April 29, 2005 ING Solution 2045 Portfolio April 29, 2005 ING Solution Income Portfolio April 29, 2005 ING X. Xxxx Price Diversified Mid Cap Growth Portfolio January 10, 2005 ING X. Xxxx Price Growth Equity Portfolio January 10, 2005 ING Xxxxxxxxx Foreign Equity Portfolio November 30, 2005 ING UBS U.S. Large Cap Equity Portfolio January 10, 2005 ING UBS U.S. Small Cap Growth Portfolio April 28, 2006 ING Xxx Xxxxxx Xxxxxxxx Portfolio January 10, 2005 ING Xxx Xxxxxx Equity and Income Portfolio January 10, 2005 ING SERIES FUND, INC. Brokerage Cash Reserves June 2, 2003 ING 130/30 Fundamental Research Fund April 28, 2006 ING Aeltus Money Market Fund June 2, 2003 ING Balanced Fund June 2, 2003 ING Equity Income Fund June 9, 2003 ING Global Science and Technology Fund June 2, 2003 ING Growth Fund June 9, 2003 ING Index Plus LargeCap Fund June 9, 2003 ING Index Plus MidCap Fund June 9, 2003 ING Index Plus SmallCap Fund June 9, 2003 ING International Growth Fund November 3, 2003 ING Small Company Fund June 9, 2003 ING Strategic Allocation Conservative Fund June 2, 2003 ING Strategic Allocation Growth Fund June 2, 2003 ING Strategic Allocation Moderate Fund June 2, 2003 ING STRATEGIC ALLOCATION PORTFOLIOS, INC. ING VP Strategic Allocation Conservative Portfolio July 7, 2003 ING VP Strategic Allocation Growth Portfolio July 7, 2003 ING VP Strategic Allocation Moderate Portfolio July 7, 2003 ING VARIABLE FUNDS ING VP Growth and Income Portfolio July 7, 2003 ING VARIABLE INSURANCE TRUST ING GET U.S. Core Portfolio - Series 1 June 13, 2003 ING GET U.S. Core Portfolio - Series 2 September 12, 2003 ING GET U.S. Core Portfolio - Series 3 December 12, 2003 ING GET U.S. Core Portfolio - Series 4 March 12, 2004 ING GET U.S. Core Portfolio - Series 5 June 11, 2004 ING GET U.S. Core Portfolio - Series 6 September 10, 2004 ING GET U.S. Core Portfolio - Series 7 December 10, 2004 ING GET U.S. Core Portfolio - Series 8 March 9, 2005 ING GET U.S. Core Portfolio - Series 9 June 8, 2005 ING GET U.S. Core Portfolio - Series 10 September 7, 2005 ING GET U.S. Core Portfolio - Series 11 December 6, 2005 ING GET U.S. Core Portfolio - Series 12 March 2, 2006 ING GET U.S. Core Portfolio - Series 13 June 22, 2006 ING VP Global Equity Dividend Portfolio November 3, 2003 ING VARIABLE PORTFOLIOS, INC. ING VP Global Science and Technology Portfolio July 7, 2003 ING VP Growth Portfolio July 7, 2003 ING VP Index Plus LargeCap Portfolio July 7, 2003 ING VP Index Plus MidCap Portfolio July 7, 2003 ING VP Index Plus SmallCap Portfolio July 7, 2003 ING VP International Equity Portfolio November 3, 2003 ING VP Small Company Portfolio July 7, 2003 ING VP Value Opportunity Portfolio July 7, 2003 ING VARIABLE PRODUCTS TRUST ING VP Financial Services Portfolio May 1, 2004 ING VP High Yield Bond Portfolio October 6, 2003 ING VP International Value Portfolio November 3, 2003 ING VP LargeCap Growth Portfolio October 6, 2003 ING XX XxxXxx Opportunities Portfolio October 6, 2003 ING VP Real Estate Portfolio May 1, 2004 ING VP SmallCap Opportunities Portfolio October 6, 2003 ING VP BALANCED PORTFOLIO, INC. July 7, 2003 ING VP INTERMEDIATE BOND PORTFOLIO July 7, 2003 ING VP MONEY MARKET PORTFOLIO July 7, 2003 ING VP NATURAL RESOURCES TRUST October 6, 2003

  • /s/ Xxxxxx X Xxxxx ------------------- ..................

  • /s/ Xxxxx X Xxxx ------------------ ..................

  • EXECUTION VERSION If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company and the several Underwriters. Very truly yours, AIRCASTLE LIMITED By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Chief Operating Officer and General Counsel [Underwriting Agreement] The foregoing Agreement is hereby confirmed and accepted as of the date specified in Schedule I hereto. XXXXXXX, SACHS & CO. By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director For itself and the other several Underwriters named in Schedule II to the foregoing Agreement. CITIGROUP GLOBAL MARKETS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director For itself and the other several Underwriters named in Schedule II to the foregoing Agreement. X.X. XXXXXX SECURITIES LLC By: /s/ Xxxxxxx Xxxxxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxxxxx Title: Executive Director For itself and the other several Underwriters named in Schedule II to the foregoing Agreement. [Underwriting Agreement] RBC CAPITAL MARKETS, LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Managing Director; Head of US Leveraged Finance For itself and the other several Underwriters named in Schedule II to the foregoing Agreement. SCHEDULE I Underwriting Agreement dated March 12, 2014 Registration Statement No. 333-182242 Representatives: Xxxxxxx, Sachs & Co. Citigroup Global Markets Inc. X.X. Xxxxxx Securities LLC RBC Capital Markets, LLC Title, Purchase Price and Description of Securities: Title: 5.125% Senior Notes due 2021 Principal amount: $500,000,000 Purchase price: 98.50% of the principal amount, plus accrued interest, if any, from March 26, 2014 Sinking fund provisions: None.

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