Time of Execution Clause Examples

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Time of Execution. In the event that the Corporation and Golden Minerals execute this Agreement prior to the execution hereof by the Escrow Agent, this Agreement shall, in such circumstances, be legal, valid, binding and enforceable as between the Corporation and Golden Minerals, provided that notwithstanding anything herein to the contrary, the Corporation and Golden Minerals agree that (i) no Disbursement Request shall be permitted to be made or made by the Corporation hereunder until the Escrow Agent executes this Agreement, and (ii) the Original Escrowed Funds shall not be funded by Golden Minerals to the Escrow Agent until the Escrow Agent executes this Agreement (whereupon the Original Escrowed Funds shall be promptly delivered by Golden Minerals to the Escrow Agent). TO WITNESS their agreement, the Corporation, Golden Minerals and the Escrow Agent have duly executed this Escrow Agreement under their respective hands and seals on the date first above written. Per: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Chief Financial Officer I have authority to bind the Corporation Per: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President and Chief Financial Officer I have authority to bind the Corporation Per: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Corporate Trust Officer Per: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Associate Trust Officer Permitted uses (the “Permitted Uses”) of Escrowed Funds shall include the following costs and expenses of the Corporation: 1. expenses associated with development, exploration, operating and general and administrative costs (including base salaries and employee benefits) relating to the development and operating activities at the Velardeña Property; 2. general and administrative expenses, including base salaries, employee benefits and the various expenses incurred in connection with the transactions contemplated by the Arrangement Agreement; 3. regularly scheduled principal and interest payments on arm’s length indebtedness existing at the date of the Notes issuance; and
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Time of Execution. Upon acceptance of the project by HUD, the Contract shall be executed first by the Owner and then by HUD.
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Time of Execution. This Agreement has been executed as of the date first written above after 5:00 p.m. Eastern Standard Time.
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Time of Execution. 3.1 Bank will execute each authenticated wire transfer that is in conformity with all security procedures, cut-off times and other requirements set forth herein, on the Business Day received, or on the Business Day requested by Customer if the wire transfer is future- dated. Bank may require additional authentication of any wire transfer request. Bank reserves the right to reject a wire transfer request that cannot be properly authenticated. Cut-off times may be established and changed by Bank from time to time. Instructions for wire transfers received after such cut-off times may be treated by Bank for all purposes as having been received on the following Business Day. 3.2 Except for future-dated wire transfers, domestic wire transfers (U.S.-based receivers) initiated and approved by Bank’s cut-off time on a Business Day will be processed that same day if that day is also a Business Day for Bank’s correspondent facility and the recipient bank; wire transfers initiated and approved after Bank’s cut-off time for domestic wire transfers will be processed the next Business Day if that day is also a Business Day for Bank’s correspondent facility and the recipient bank. Future-dated domestic wire transfers will be initiated on the effective date requested by Customer, not on the date Customer entered the transaction using the Services. 3.3 Bank may handle wire transfers received from Customer in any order convenient to Bank, regardless of the order in which they are received.
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Time of Execution. Upon the terms and subject to the satisfaction of the conditions contained in Article VI of this Agreement, the execution of the Transaction Agreement (the “Bid Execution”) shall take place on the third Business Day following the date on which the conditions set forth in Article VI have been satisfied or waived, or at such other time as the Parties may agree. The Department shall deliver to Participant and Participant shall deliver to the Department a counterpart of the Transaction Agreement and each ancillary agreement thereto (as specified in the Transaction Agreement), duly executed by ▇▇▇▇▇▇ ▇▇▇▇▇▇ and Participant, respectively (other than any ancillary agreement not required to be executed by one or both Parties at the time of execution of the Transaction Agreement). The date on which the Bid Execution occurs is referred to herein as the “Bid Execution Date”.‌
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Time of Execution. Unless otherwise provided, the AGREEMENT shall be considered executed when: A. The Office of the City Attorney has indicated in writing of its approval of the AGREEMENT as to form; and B. Said AGREEMENT has been approved by the CITY’s Council, BOARD, officer, or employee authorized to give such approval; and C. Said AGREEMENT has been signed on behalf of the CONCESSIONAIRE by the person or persons authorized to bind the CONCESSIONAIRE hereto; and D. Said AGREEMENT has been signed on behalf of the CITY by the person or persons authorized and designated to so sign by the CITY’s Council, Board, officer, or employee authorized to enter into the AGREEMENT.
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Time of Execution. After receipt of an Outbound Payment Order, PingPong shall ensure that the amount of the Outbound Payment is credited to the payee's bank or payment service provider’s account at the latest by the end of the next Business Day.
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Related to Time of Execution

  • Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Superior Court of Justice (London) Court File No. 1272/16 CP (the “Ontario Action”) ▇▇▇▇ ▇▇▇▇▇▇ AVX Corporation; ▇▇▇▇ Co., Ltd.; ▇▇▇▇ America Inc.; Hitachi Chemical Co., Ltd.; Hitachi Chemical Company America, Ltd.; Hitachi Canada; Hitachi AIC Inc.; KEMET Corporation; KEMET Electronics Corporation; Matsuo Electric Co., Ltd.; Nichicon Corporation; Nichicon (America) Corporation; Nippon Chemi-Con Corporation; United Chemi-Con Corporation; Nissei Electric Co. Ltd.; Nitsuko Electronics Corporation; Okaya Electric Industries Co. Ltd.; Okaya Electric America, Inc.; Panasonic Corporation; Panasonic Corporation of North America; Panasonic Canada Inc.; ROHM Co., Ltd.; ROHM Semicondctor U.S.A., LLC f/k/a/ ROHM Electronics U.S.A., LLC; Rubycon Corporation; Rubycon America Inc.; Shinyei Kaisha; Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of America; Shizuki Electric Co., Ltd.; American Shizuki Corporation; Soshin Electric Co., Ltd.; Soshin Electronics of America Inc.; Taitsu Corporation; Taitsu America, Inc.; Toshin Kogyo Co., Ltd.; Holy Stone Enterprises Co., Ltd.; Milestone Global Technology Inc. d/b/a Holystone International; Vishay Polytech Co., Ltd. f/k/a/ Holystone Polytech Co., Ltd. All Persons in Canada who purchased Film Capacitors or a product containing a Film Capacitor during the Class Period other than (1) all BC Settlement Class members and (2) all Quebec Settlement Class members. Quebec Superior Court (District of Montreal), File No. ▇▇▇-▇▇-▇▇▇▇▇ 4-144 (the “Quebec Action”) Option Consommat eurs Panasonic Corporation; Sanyo Electric Group Ltd.; KEMET Corporation; NEC Tokin Corporation; Taiyo Yuden Co., Ltd.; Nippon Chemi-Con Corporation; Hitachi Chemical Co. Ltd.; Nichicon Corporation; Hitachi AIC Inc.; ▇▇▇▇ Co. Ltd.; Holy Stone Enterprise Co., Ltd.; Matsuo Electric Co., Ltd.; Rohm All Persons in Quebec who purchased Film Capacitors or a product containing a Film Capacitor during the Class Period. Proceeding Plaintiff(s) Defendants Settlement Class Co., Ltd.; Rubycon Corporation; Toshin Kogyo Co., Ltd.; Holy Stone Holdings Co., Ltd. British Columbia Supreme Court (Vancouver Registry) Court File No. S-156006 (the “BC Action”) ▇▇▇▇ ▇▇▇▇▇▇ Okaya Electric Industries Co., Ltd.; Okaya Electric America Inc.; Taitsu Corporation; Taitsu America, Inc.; Shinyei Kaisha; Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of America, Inc.; Nitsuko Electronics Corporation; Nissei Electric Co. Ltd.; Soshin Electric Co., Ltd.; Soshin Electronics of America Inc.; Shizuki Electric Co., Ltd.; American Shizuki Corporation; Toshin Kogyo Co., Ltd. All Persons in British Columbia who purchased Film Capacitors or a product containing Film a Capacitor during the Class Period. Court File No. 1272/16 CP THE HONOURABLE ) , THE DAY ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ) OF , ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ N : Plaintiff AVX CORPORATION; ▇▇▇▇ CO., LTD.; ▇▇▇▇ AMERICA INC.; HITACHI CHEMICAL CO., LTD.; HITACHI CHEMICAL COMPANY AMERICA, LTD.; HITACHI CANADA; HITACHI AIC INC.; KEMET CORPORATION; KEMET ELECTRONICS CORPORATION; MATSUO ELECTRIC CO., LTD.; NICHICON CORPORATION; NICHICON (AMERICA) CORPORATION; NIPPON CHEMI-CON CORPORATION; UNITED CHEMI-CON CORPORATION; NISSEI ELECTRIC CO. LTD.; NITSUKO ELECTRONICS CORPORATION; OKAYA ELECTRIC INDUSTRIES CO., LTD.; OKAYA ELECTRIC AMERICA, INC.; PANASONIC CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CANADA INC.; SANYO ELECTRIC CO., LTD.; SANYO ELECTRONIC DEVICE (U.S.A.) CORP.; SANYO NORTH AMERICA CORPORATION; ROHM CO., LTD.; ROHM SEMICONDUCTOR U.S.A., LLC f/k/a ROHM ELECTRONICS U.S.A., LLC; RUBYCON CORPORATION; RUBYCON AMERICA INC.; SHINYEI KAISHA; SHINYEI TECHNOLOGY CO., LTD.; SHINYEI CAPACITOR CO., LTD.; SHINYEI CORPORATION OF AMERICA; SHIZUKI ELECTRIC CO., LTD.; AMERICAN SHIZUKI CORPORATION; SOSHIN ELECTRIC CO., LTD.; SOSHIN ELECTRONICS OF AMERICA INC.; TAITSU CORPORATION; TAITSU AMERICA, INC.; TOSHIN KOGYO CO., LTD.; HOLY STONE ENTERPRISE CO., LTD.; MILESTONE GLOBAL TECHNOLOGY, INC. d/b/a HOLYSTONE INTERNATIONAL; VISHAY INTERTECHNOLOGY, INC.; and VISHAY POLYTECH CO., LTD. f/k/a HOLYSTONE POLYTECH CO., LTD. ON READING the materials filed, including the settlement agreement dated , 2017 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the parties; AND ON BEING ADVISED that  has consented to being appointed as notice provider in accordance with the terms of this Order; 1. THIS COURT ORDERS that, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 3. THIS COURT ORDERS that the Ontario Settlement Class is certified as follows: All Persons or entities in Canada who purchased Film Capacitors or a product containing a Film Capacitor between January 1, 2002 and December 31, 2014 other than BC Settlement Class members and Quebec Settlement Class members. 4. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain or stabilize the price of, or allocate markets and customers of, Film Capacitors directly or indirectly in Canada during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 5. THIS COURT ORDERS that the Plaintiff, ▇▇▇▇ ▇▇▇▇▇▇ is appointed as the representative plaintiff for the Ontario Settlement Class. 6. THIS COURT ORDERS that paragraphs 2, 3, 4 and 5 of this Order, the certification of this action against the Settling Defendants for settlement purposes and the definitions of the Ontario Settlement Class, Class Period and Common Issue, and any reasons given by the Court in connection with paragraphs 2, 3, 4, and 5 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Ontario Action and, without limiting the generality of the foregoing, may not be relied on by any person to establish jurisdiction, the criteria for certification (including class definition) or the existence or elements of the causes of action asserted in the Ontario Action, as against the Non-Settling Defendants. 7. THIS COURT ORDERS that Ontario Settlement Class members who wish to opt-out of this action must do so by sending a written election to opt-out, signed by the Person or the Person’s designee, together with the information required in the Settlement Agreement to Class Counsel or their duly appointed agent, by pre-paid mail, courier, fax or e-mail received on or before the Opt-Out Deadline. 8. THIS COURT ORDERS that any Ontario Settlement Class member who has validly opted-out of this action shall no longer participate or have the opportunity in the future to participate in this action or to share in the distribution of any funds received as a result of a judgment or settlement, and no further right to opt-out will be provided. 9. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Ontario Counsel shall provide to the Defendants a report containing the names of each Person who has validly and timely opted-out of the Ontario Action, the reasons for the opt-out, if known, and a summary of the information delivered by such Persons pursuant to paragraph 7 above. 10. THIS COURT ORDERS that any Ontario Settlement Class member who has not validly opted-out of the Ontario Action will be bound by the Settlement Agreement as approved by the Court and may not opt-out of the Ontario Action in the future. 11. THIS COURT ORDERS AND DECLARES that each Ontario Settlement Class member who has not validly opted-out of this action shall be deemed to have consented to the dismissal as against the Settling Defendants and its Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice. 12. THIS COURT ORDERS AND DECLARES that each Other Action commenced in Ontario by any Ontario Settlement Class member who has not validly opted-out of this action shall be and is hereby dismissed against the Settling Defendants and its Releasees, without costs and with prejudice. 13. THIS COURT ORDERS that the notice of certification and settlement approval hearing (the “Notice”) is hereby approved substantially in the form attached hereto as Schedule “B”. 14. THIS COURT ORDERS that the plan of dissemination of the Notice (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “C” and that the Notice shall be disseminated in accordance with the Plan of Dissemination. 15. THIS COURT ORDERS that  is appointed to disseminate the Notice in accordance with the terms of this Order. 16. THIS COURT ORDERS that this Order is contingent upon parallel orders being made by the BC Court and the Québec Court, and the terms of this Order shall not be effective unless and until such orders are made by the BC Court and the Québec Court. The Honourable Justice ▇▇▇▇▇▇ ▇▇▇▇ ALLOTT v. AVX CORPORATION, et al. Court File No. 1272/16 CP Plaintiff Defendants ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDINGS COMMENCED AT LONDON Proceeding Under the Class Proceedings Act, 1992 ORDER (Certification, Opt-Out and Notice Approval) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (LSUC #45087H) ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (LSUC #56835D) Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Lawyers for the Plaintiff Court File No. 1272/16 CP THE HONOURABLE ) , THE DAY ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ) OF , ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ N : Plaintiff AVX CORPORATION; ▇▇▇▇ CO., LTD.; ▇▇▇▇ AMERICA INC.; HITACHI CHEMICAL CO., LTD.; HITACHI CHEMICAL COMPANY AMERICA, LTD.; HITACHI CANADA; HITACHI AIC INC.; KEMET CORPORATION; KEMET ELECTRONICS CORPORATION; MATSUO ELECTRIC CO., LTD.; NICHICON CORPORATION; NICHICON (AMERICA) CORPORATION; NIPPON CHEMI-CON CORPORATION; UNITED CHEMI-CON CORPORATION; NISSEI ELECTRIC CO. LTD.; NITSUKO ELECTRONICS CORPORATION; OKAYA ELECTRIC INDUSTRIES CO., LTD.; OKAYA ELECTRIC AMERICA, INC.; PANASONIC CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CANADA INC.; SANYO ELECTRIC CO., LTD.; SANYO ELECTRONIC DEVICE (U.S.A.) CORP.; SANYO NORTH AMERICA CORPORATION; ROHM CO., LTD.; ROHM SEMICONDUCTOR U.S.A., LLC f/k/a ROHM ELECTRONICS U.S.A., LLC; RUBYCON CORPORATION; RUBYCON AMERICA INC.; SHINYEI KAISHA; SHINYEI TECHNOLOGY CO., LTD.; SHINYEI CAPACITOR CO., LTD.; SHINYEI CORPORATION OF AMERICA; SHIZUKI ELECTRIC CO., LTD.; AMERICAN SHIZUKI CORPORATION; SOSHIN ELECTRIC CO., LTD.; SOSHIN ELECTRONICS OF AMERICA INC.; TAITSU CORPORATION; TAITSU AMERICA, INC.; TOSHIN KOGYO CO., LTD.; HOLY STONE ENTERPRISE CO., LTD.; MILESTONE GLOBAL TECHNOLOGY, INC. d/b/a HOLYSTONE INTERNATIONAL; VISHAY INTERTECHNOLOGY, INC.; and VISHAY POLYTECH CO., LTD. f/k/a HOLYSTONE POLYTECH CO., LTD. , 2017 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff, counsel for the Settling Defendants and counsel for the Non-Settling Defendants in the Ontario Action; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been  objections to the Settlement Agreement; AND ON BEING ADVISED that the deadline for opting-out of the Ontario Action has passed, and there were  opt-outs; 1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Ontario Settlement Class. 3. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to s. 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms. 4. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Ontario Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure are dispensed with in respect of the Ontario Action. 5. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor who has not validly opted-out of this action has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims. 6. THIS COURT ORDERS that, upon the Effective Date, each Releasor who has not validly opted-out of this action shall not now or hereafter institute, continue, maintain or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any action, suit, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity or other claims over relief from any Releasee, in respect of any Released Claim except for the continuation of the Proceedings against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendants or unnamed alleged co-conspirator that is not a Releasee. 7. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Ontario Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors. 8. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims. 9. THIS COURT ORDERS that if this Court ultimately determines that there is a right of contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise: (a) all claims for contribution, indemnity or other claims over, whether asserted, unasserted, or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or otherwise, or could in the future be brought on the basis of the same events, actions and omissions underlying the Proceedings or otherwise, by any Non-Settling Defendant, any named or unnamed alleged co-conspirator that is not a Releasee or any other Person or Party against a Releasee, are barred, prohibited and enjoined; (b) the Ontario Plaintiff and Ontario Settlement Class members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or Party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (c) the Ontario Plaintiff and Ontario Settlement Class members shall limit their claims against the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or party that is not a Releasee to include, and shall be entitled to recover from the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or Party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed alleged co-conspirat

  • Valid Execution This Agreement has been duly executed and delivered by the Company.

  • PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at .

  • Execution Time At the Execution Time, the Statutory Prospectus, each road show when taken together as a whole with the Statutory Prospectus, and any individual Written Testing-the-Waters Communication (as defined below), when taken together as a whole with the Statutory Prospectus, does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representations or warranties as to the information contained in or omitted from the Statutory Prospectus in reliance upon and in conformity with information furnished in writing to the Company by or on behalf of any Underwriter through the Representative specifically for inclusion in the Statutory Prospectus, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 8(b) hereof.

  • Fax Execution This Agreement may be executed by delivery of executed signature pages by fax and such fax execution will be effective for all purposes.