2009 Agency Agreement definition

2009 Agency Agreement means the Agency Agreement between, among others, certain of the Borrowers and Great American Group WF, LLC, Xxxxxx Capital Partners, LLC, SB Capital Group, LLC and Tiger Capital Group, LLC dated January 15, 2009 for the disposition of Inventory at certain of the Domestic Borrowers’ stores, as in effect on the Third Amendment Effective Date.
Sample 1Sample 2

Examples of 2009 Agency Agreement in a sentence

  • IHS argues in this appeal that the trial court was correct in holding that BlueCross breached the 2009 Agency Agreement by retroactively reducing renewal commission rates on existing policies and by paying commissions directly to IHS subagents after the termination of the parties’ agreement.

  • The intermediate appellate court also affirmed the holding that BlueCross breached the 2009 Agency Agreement by paying commissions directly to the subagents after the contract was terminated because IHS remained able, entitled, and available to receive such payments.

  • Post-termination Payments Directly to Subagents BlueCross next argues that the lower courts erred in holding that it breached the 2009 Agency Agreement by refusing to pay post-termination commissions to IHS and instead paying those commissions directly to the subagents associated with the policies.

  • Therefore, we reverse the lower court decisions and conclude that BlueCross did not breach the 2009 Agency Agreement by changing the renewal-rate provision and making its May 2011 renewal rates applicable to existing insurance policies.

  • IHS also asserts that the Court of Appeals erred in reversing the trial court’s award of attorney fees under the indemnity provision in the 2009 Agency Agreement.

  • BlueCross argued that this testimony was inadmissible in light of the integration clause in the parties’ 2009 Agency Agreement and the parol evidence rule, which generally prohibits the use of extrinsic evidence of pre-contract negotiations in order to vary or contradict the terms of a fully integrated contract.

  • Relying on the text of the 2009 Agency Agreement and the testimony offered by IHS, the trial court held that BlueCross breachedthe agreement by: (1) applying the May 2011 reduced commission rates to policies that were already in effect; (2) paying post-termination commissions directly to subagents rather than IHS, and (3) systemically underpaying IHS commissions during the entirety of the parties’ 13-year relationship by virtue of BlueCross’s flawed commission accounting system.

  • ISSUES ON APPEAL On appeal, BlueCross asserts that the trial court erred in holding that the 2009 Agency Agreement (1) precluded BlueCross from applying new renewal commission rates to existing insurance policies, (2) precluded BlueCross from paying commissionsdirectly to IHS’s subagents after termination of the agreement, and (3) provided for an award of attorney fees for suits between the contracting parties.

  • The Agents and the Required Lenders hereby acknowledge and agree that the sale of the inventory and furniture, fixtures and equipment located at 567 of the Domestic Borrowers’ retail store locations and distribution centers pursuant to the 2009 Agency Agreement, as approved by the US Bankruptcy Court pursuant to that certain Order Approving Agency Agreement, Store Closing Sales and Related Relief by the US Bankruptcy Court dated January 16, 2009, is a Permitted Sale under the DIP Credit Agreement.

  • Issues on Appeal On appeal, BlueCross asserts that the trial court erred in holding that the 2009 Agency Agreement (1) precluded BlueCross from applying new renewal commission rates to existing insurance policies, (2) precluded BlueCross from paying commissionsdirectly to IHS’s subagents after termination of the agreement, and (3) provided for an award of attorney fees for suits between the contracting parties.

Related to 2009 Agency Agreement

  • Fiscal Agency Agreement The Uniform Fiscal Agency Agreement between Xxxxxxx Mac and the Federal Reserve Bank of New York.

  • Collateral Agency Agreement means that certain Collateral Agency Agreement, dated as of the Issue Date, made by and among the Issuers, the other Grantors, the Trustee, the Collateral Agent and each other Secured Debt Representative, as amended, modified, renewed, restated or replaced, in whole or in part, from time to time, in accordance with its terms.

  • Global Agency Agreement The global agency agreement between Xxxxxxx Mac and the Global Agent, dated as of the Closing Date.

  • Agency Agreement means the agency agreement entered into on or before the First Issue Date, between the Issuer and the Agent, or any replacement agency agreement entered into after the First Issue Date between the Issuer and an agent.

  • Auction Agency Agreement means the agreement between the Fund and the Auction Agent which provides, among other things, that the Auction Agent will follow the Auction Procedures for purposes of determining the Applicable Rate for shares of a series of MuniPreferred so long as the Applicable Rate for shares of such series is to be based on the results of an Auction.

  • Calculation Agency Agreement means the Calculation Agency Agreement, dated as of December 21, 2006 between the Company and the Calculation Agent, as amended from time to time, or any successor calculation agency agreement.

  • Placement Agency Agreement means the Placement Agency Agreement by and between the Company and the Placement Agent dated the date hereof.

  • Basic Collateral Agency Agreement means the Amended and Restated Basic Collateral Agency Agreement, dated as of March 1, 2009, among Daimler Trust, the Administrative Agent, Daimler Title Co., as collateral agent, and MBFS USA, as lender and as servicer.

  • Paying Agency Agreement means one or more Paying Agency Agreements made

  • Warrant Agency Agreement means that certain warrant agency agreement, dated on or about the Initial Exercise Date, between the Company and the Warrant Agent.

  • Factoring Agreement means an agreement by and between a Borrower or a Subsidiary of a Borrower and a Factoring Company pursuant to which a Borrower or such Subsidiary shall, pursuant to customary terms for the size and type of transaction involved, sell, transfer and assign its rights, title and interests in certain accounts receivable, specifically identified therein, to a Factoring Company.

  • Collateral Trust Agreement means that certain Collateral Trust Agreement, dated as of the Closing Date, by and among Collateral Trustee and Lenders, as amended, restated, supplemented or otherwise modified from time to time.

  • Note Depository Agreement means the agreement, dated as of the Closing Date, between the Issuer and DTC, as the initial Clearing Agency relating to the Notes, as the same may be amended or supplemented from time to time.

  • Finance agreement means a loan, lease, or installment sale agreement for a motor vehicle. The term includes, but is not limited to, an installment sale contract, a retail installment contract, or a retail charge agreement.

  • Farm-Out Agreement means a Farm-In Agreement, viewed from the standpoint of the party that transfers an ownership interest to another.

  • Bond Trustee Fee Agreement means the agreement entered into between the Issuer and the Bond Trustee relating among other things to the fees to be paid by the Issuer to the Bond Trustee for its obligations relating to the Bonds.

  • Note Purchase Agreements means (i) that certain Note Purchase Agreement, dated as of April 16, 2014 among the Parent, the Borrower, and the purchasers party thereto, (ii) that certain Note Purchase Agreement, dated as of December 18, 2014 among the Parent, the Borrower, and the purchasers party thereto, and (iii) that certain Note Purchase Agreement, dated as of June 13, 2018, among the Parent, the Borrower, and the purchasers party thereto, in each case as amended from time to time.

  • Residency Agreement means the written, legally enforceable agreement between a facility and an individual, or legal representative receiving services in a residential setting.

  • Pledged Asset Mortgage Servicing Agreement The Pledged Asset Mortgage Servicing Agreement, dated as of February 28, 1996 between MLCC and the Master Servicer. Pooling and Servicing Agreement or Agreement: With respect to any Series, this Standard Terms together with the related Series Supplement.

  • Issuer Agreement means, for any series of Bonds, the agreement between the applicable Issuer and the Borrower pursuant to which (i) the proceeds of such Bonds are loaned by such Issuer to the Borrower, together with any promissory note or other instrument evidencing the Debt of the Borrower under such agreement, or (ii) the Borrower agrees to pay the purchase price of, or rent with respect to, the facilities financed or refinanced with the proceeds of such Bonds.

  • Note Purchase Agreement means the Note Purchase Agreement, dated as of the Issuance Date, among the Company, the Subordination Agent, the Escrow Agent, the Paying Agent, and the Pass Through Trustee under each Pass Through Trust Agreement providing for, among other things, the issuance and sale of certain equipment notes, as the same may be amended, supplemented or otherwise modified from time to time in accordance with its terms.

  • Lead Securitization Servicing Agreement means (i) the pooling and servicing agreement or other comparable agreement related to the Lead Securitization, and (ii) on and after the date on which the Mortgage Loan is no longer subject to the provisions of the Lead Securitization Servicing Agreement, the “Lead Securitization Servicing Agreement” shall be determined in accordance with the second paragraph of Section 2(a).

  • Lockbox Agreement means each agreement between a Borrower and a Clearing Bank concerning the establishment of a Lockbox for the collection of Receivables.

  • Issuer-ICSDs Agreement means the agreement entered into between the Issuer and each of the ICSDs;

  • Issuer Administration Agreement means that certain issuer administration agreement, dated as of the date hereof, among the Administrator, the Issuer, the Transferor and the Indenture Trustee, as amended or supplemented from time to time.

  • Swap Administration Agreement As defined in Section 4.08(b).