By Express definition

By Express. By Mail: By Hand: (insured or registered recommended) State Street Bank & Trust Company State Street Bank & Trust Company State Street Bank & Trust Company Corporate Trust Department Corporate Trust Department Corporate Trust Department Two International Place Two International Place Two Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Xxxxxx, XX 00000 Xxxxxx, XX 00000 Attn: Lena Xxxxxxxx Attn: Lena Xxxxxxxx Attn: Lena Xxxxxxxx FACSIMILE (617) 000-0000 DELIVERY OF THIS LETTER OF TRANSMITTAL TO AN ADDRESS, OR TRANSMISSION VIA TELEGRAM, TELEX OR FACSIMILE, OTHER THAN AS SET FORTH ABOVE WILL NOT CONSTITUTE A VALID DELIVERY. By execution hereof, the undersigned acknowledges receipt of the prospectus dated _________, 1997 (the "Prospectus"), of Nortek, Inc., a Delaware corporation ("Nortek"), which, together with this Letter of Transmittal and the instructions hereto (the "Letter of Transmittal"), constitute Nortek's offer (the "Exchange Offer") to exchange $1,000 principal amount of its 9 1/4% Series B Notes due 2007 (the "Exchange Notes") that have been registered under the Securities Act of 1933, as amended (the "Securities Act"), pursuant to a registration statement of which the Prospectus constitutes a part, for each $1,000 principal amount of its outstanding 9 1/4% Series A Notes due 2007 (the "Original Notes"), upon the terms and subject to the conditions set forth in the Prospectus. for Tendering" by any financial institution that is a participant in the Depository and whose name appears on a security position listing as the owner of Original Notes; or (iii) tender of Original Notes is to be made according to the guaranteed delivery procedures set forth in the Prospectus under "The Exchange Offer--Guaranteed Delivery Procedures." DELIVERY OF DOCUMENTS TO THE DEPOSITORY DOES NOT CONSTITUTE DELIVERY TO THE EXCHANGE AGENT.
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By Express. By Mail or Facsimile: By Hand: (insured or registered recommended) State Street Bank & Trust Company State Street Bank & Trust Company State Street Bank & Trust Company Corporate Trust Department Corporate Trust Department Corporate Trust Department Two International Place Two International Place Two Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Xxxxxx, XX 00000 Xxxxxx, XX 00000 Attn: Lena Xxxxxxxx Attn: Lena Xxxxxxxx Attn: Lena Xxxxxxxx FACSIMILE (617) 000-0000 XXLIVERY OF THIS LETTER OF TRANSMITTAL TO AN ADDRESS, OR A TRANSMISSION, OTHER THAN AS SET FORTH ABOVE WILL NOT CONSTITUTE A VALID DELIVERY. ________________________________________________________________________________ DESCRIPTION OF ORIGINAL NOTES TENDERED ________________________________________________________________________________ | Certificate | Aggregate | Number(s)* (Attach | Principal Amount Name(s) and Address(es) of Holder(s) | signed list if | Tendered (if less (Please fill in, if blank) | necessary) | than all)** ______________________________________|______________________|__________________ | | |______________________|__________________ | | |______________________|__________________ | | |______________________|__________________ | | |______________________|__________________ | | ______________________________________|______________________|__________________ | TOTAL PRINCIPAL AMOUNT OF ORIGINAL | NOTES TENDERED | _____________________________________________________________|__________________ * Need not be completed by Holders tendering by book-entry transfer. ** Need not be completed by Holders who wish to tender with respect to all Original Notes listed. See Instruction 2. ________________________________________________________________________________ ________________________________________________________________________________ By execution hereof, the undersigned acknowledges receipt of the prospectus dated __________, 1998 (the "Prospectus"), of Nortek, Inc., a Delaware corporation ("Nortek"), which, together with this Letter of Transmittal and the instructions hereto (the "Letter of Transmittal"), constitute Nortek's offer (the "Exchange Offer") to exchange $1,000 principal amount of its 8 7/8% Series B Notes due 2008 (the "Exchange Notes") that have been registered under the Securities Act of 1933, as amended (the "Securities Act"), pursuant to a registration statement of which the Prospectus constitutes a part, for each $1,000 principal amount of its outstanding 8 7/8% Series A...
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Examples of By Express in a sentence

  • By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: President ESI PARTNERSHIP By: Express Scripts, Inc., as Partner By: /s/ Xxxxxx X.

  • By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Chairman, Chief Executive Officer and President AIRPORT HOLDINGS, LLC ESI REALTY, LLC By: Express Scripts, Inc., as sole Member By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Chairman, Chief Executive Officer and President XXXXXXX DRUG, INC.

  • By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President EXPRESS SCRIPTS CANADA HOLDING, LLC By: Express Scripts Canada Holding Co., as sole member.

  • By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: President MEDCO OF WILLINGBORO URBAN RENEWAL, L.L.C. By: Express Scripts Pharmacy, Inc., as sole member.

  • By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: President CONNECTYOURCARE, LLC CONNECTYOURCARE COMPANY, LLC By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: President ESI PARTNERSHIP By: Express Scripts, Inc., as Partner By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Chairman, Chief Executive Officer and President By: ESI-GP Holdings, Inc., as Partner By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: President ESI-GP HOLDINGS, INC.

  • By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: President ESI PARTNERSHIP By: Express Scripts, Inc., as Partner By: /s/ Xxxxx X.

  • Xxxxxx Title: Vice President AIRPORT HOLDINGS, LLC ESI REALTY, LLC By: Express Scripts, Inc., as sole Member By: /s/ Xxxxx X.

  • Xxxxx Title: President EXPRESS SCRIPTS PHARMACEUTICAL PROCUREMENT, LLC By: Express Scripts, Inc., as member By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: President By: ESI Mail Pharmacy Service, Inc., as member By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: President ESI PARTNERSHIP By: Express Scripts, Inc., as partner By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: President By: ESI-GP Holdings, Inc., as partner By: /s/ Xxxxxx X.

  • Xxxxxx Title: President By: ESI Mail Pharmacy Services, Inc., as member By: /s/ Xxxxxxxxx Xxxxxxx Name: Xxxxxxxxx Xxxxxxx Title: President ESI PARTNERSHIP By: Express Scripts, Inc., as partner By: /s/ Xxxxx X.

  • The Rights Certificate and payment of the aggregate Subscription Price, must be delivered to the Subscription Agent by one of the methods described below: By Mail: By Express Mail or Overnight Courier: Delivery to an address other than those above does not constitute valid delivery.

Related to By Express

  • By:______________________________ By Name: Name: Title: Title:

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • by electronic means means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,

  • by Xxxxx x and "F1" by Fitch and whose long-term, unsecured and unsubordinated debt obligations are then rated not less than "AA-" by S&P, "A1" by Xxxxx'x and "A+" by Fitch (or its equivalent by any substitute rating agency);

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • and Gentlemen We are acting as special counsel with respect to New York tax matters for the unit investment trust or trusts included in the series identified as FT 3368 (each, a "Trust"), which will be established under a certain Standard Terms and Conditions of Trust dated December 9, 2003, and a related Trust Agreement dated as of today (collectively, the "Indenture") among First Trust Portfolios L.P., as Depositor (the "Depositor"), First Trust Advisors L.P., as Evaluator, First Trust Advisors L.P., as Portfolio Supervisor, FTP Services LLC, as FTPS Unit Servicing Agent, and The Bank of New York Mellon as Trustee (the "Trustee"). Pursuant to the terms of the Indenture, units of fractional undivided interest in the Trust (the "Units") will be issued in the aggregate number set forth in the Indenture. We have examined and are familiar with originals or certified copies, or copies otherwise identified to our satisfaction, of such documents as we have deemed necessary or appropriate for the purpose of this opinion. In giving this opinion, we have relied upon the two opinions, each dated today and addressed to the Trustee, of Chapman and Cutler XXX, xounsex xxx the Depositor, with respect to the factual assumptions and the matters of law set forth therein. We have assumed that the assets of the Trust will consist exclusively of debt securities, equity securities in entities classified as corporations for federal income tax purposes, or a combination thereof. Based upon the foregoing, we are of the opinion that the Trust will not constitute an association taxable as a corporation under the relevant tax laws of the State and City of New York, and accordingly will not be subject to the New York State franchise tax (New York State Consolidated Laws Chapter 60, Article 9-A) or the New York City general corporation tax (New York Administrative Code Title 11, Chapter 6, Subchapter 2). We consent to the filing of this opinion as an exhibit to the Registration Statement (No. 333-178965) filed with the Securities and Exchange Commission with respect to the registration of the sale of the Units and to the references to our name in such Registration Statement and the preliminary prospectus included therein. Very truly yours, CARTER LEDYARD & MXXXXXX XXX

  • Warranty Xxxx of Sale means the warranty (as to title) xxxx of sale covering the Aircraft executed by Manufacturer or an affiliate of Manufacturer in favor of Company and specifically referring to each Engine, as well as the Airframe, constituting a part of the Aircraft.

  • the/this Agreement means the agreement as set out in this document and the Appendices hereto;

  • By: Name Title: Date: Documents returned to Custodian: ---------------------------- as Custodian By____________________________ Name: Title: Date: EXHIBIT C ORIGINATORS EQUICREDIT CORPORATION OF AMERICA EQUICREDIT CORPORATION/ALA. & MISS. CALIFORNIA/EQUICREDIT CORPORATION EQUICREDIT CORPORATION OF IN. EQUICREDIT CORPORATION OF PA. EQUICREDIT CORPORATION OF SC EXHIBIT D Transfer Certificate ________ __, 199_ THE FIRST NATIONAL BANK OF BOSTON as Custodian under the Custodial Agreement (defined below) 100 Federal Street Boston, Massachusetts 02110 XX: Xxxxxxxxx Xxxxxxxxx, xxxxx xx xx March 1, 1997 (the "Custodial Agreement"), by and among the Originators listed in Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and The First National Bank of Boston, as Custodian (the "Custodian") To whom it may concern: Pursuant to Section 3.1 of the above-referenced Custodial Agreement (capitalized terms used herein but not otherwise defined shall have the same meanings assigned to such terms in the Custodial Agreement), we hereby advise you of the Transfer by the undersigned to [Depositor][the Trustee] of the Mortgage Loans identified on the Mortgage Loan Schedule[s] attached [hereto] [to the [Depositor's Trust Receipt[s]] with respect to the undersigned which we are delivering to you for cancellation]. You are instructed to deliver to [Depositor][the Trustee] a [Depositor's] [Trustee's] Trust Receipt evidencing [such Depositor's] [the Trustee's] interest in these Mortgage Loans. Very truly yours, [--------------------------------] By________________________________ Name: Title: SCHEDULE I MORTGAGE LOAN SCHEDULE

  • Gender identity or expression means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

  • Ladies and Gentlemen We have acted as counsel Morgan Stanley S&P 500 Xxxxxx Xxxx ("S&P Select"), and Morgan Stanley S&P 500 Xxxxx Fxxx ("X&P Index") in connection with the proposed transfer of substantially all of the assets of S&P Select to S&P Index and certain other transactions related thereto pursuant to and in accordance with the terms of the Reorganization Agreement (the "Reorganization"). You have requested that we provide an opinion regarding the treatment of the Reorganization under the Internal Revenue Code of 1986, as amended (the "Code"), and the accuracy of the tax disclosures in the proxy statement and prospectus (the "Proxy Statement/Prospectus") on Exhibit 12 to the Form N-14 Registration Statement. In connection with rendering these opinions, we have examined originals or copies, certified or otherwise identified to our satisfaction, of (i) the Reorganization Agreement, (ii) the Registration Statement on Form N-14 for the Reorganization, and the Proxy Statement/Prospectus and other documents, exhibits, attachments and schedules contained therein, (iii) written representations of Morgan Stanley Investmexx Xxxixxxx Xxc ("the "Advisor") concerning certain facts underlying and relating to the Reorganization set forth in a letter dated February 26, 2002, and (iv) such other documents and materials as we have deemed necessary or appropriate for purposes of the opinions set forth below. In our examination, we have assumed the genuineness of all signatures, the legal capacity of all natural persons, the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies, and the authenticity of the originals of such copies. We have not made an independent investigation of the facts set forth either in the Registration Statement, the Reorganization Agreement or such other documents that we have examined. We have consequently assumed in rendering these opinions that the information presented in such documents or otherwise furnished to us accurately and completely describes in all material respects all facts relevant to the Reorganization. We have also assumed for purposes of rendering our opinions (i) the accuracy of, and material compliance with, the representations of the Advisor set forth in the letter referred to above, (ii) the accuracy of, and material compliance with, the representations, warranties, covenants and agreements of S&P Select and S&P Index made in the Reorganization Agreement, and (iii) that there are no agreements or understandings other than those of which we have been informed that would affect our conclusions set forth below. The opinions set forth below are based on the Code, the legislative history with respect thereto, rules and regulations promulgated thereunder, and published rulings, court decisions and administrative authorities issued with respect to all of the foregoing, all as in effect and existing on the date hereof, and all of which are subject to change at any time, possibly on a retroactive basis. In addition, there can be no assurance that positions contrary to those stated in our opinions may not be asserted by the Internal Revenue Service. Any change occurring after the date hereof in, or a variation from, any of the foregoing factual or legal bases for our opinions could affect the conclusions set forth below. In addition, the opinions expressed herein are given as of the date hereof and we express no obligation to advise you of any changes in the law or events that may hereafter come to our attention that could affect our opinions set forth below. Based on the foregoing, we are of the opinions that, for federal income tax purposes:

  • Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Law relating to a public servant s office or employment” means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly imposes a duty on the public servant or governs the conduct of the public servant. Penal Code 39.01(1)

  • Official proceeding means any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding.

  • by-election means an election other than a general election;

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • CC BY NC SA The CC BY-NC-SA license allows users to copy, to create extracts, abstracts and new works from the Article, to alter and revise the Article, provided this is not done for commercial purposes, and that the user gives appropriate credit (with a link to the formal publication through the relevant DOI), provides a link to the license, indicates if changes were made and the licensor is not represented as endorsing the use made of the work. Further, any new works must be made available on the same conditions. The full details of the license are available at xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-sa/4.0. CC BY NC ND: The CC BY-NC-ND license allows users to copy and distribute the Article, provided this is not done for commercial purposes and further does not permit distribution of the Article if it is changed or edited in any way, and provided the user gives appropriate credit (with a link to the formal publication through the relevant DOI), provides a link to the license, and that the licensor is not represented as endorsing the use made of the work. The full details of the license are available at xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/4.0. Any commercial reuse of Open Access articles published with a CC BY NC SA or CC BY NC ND license requires permission from Elsevier and will be subject to a fee. Commercial reuse includes: Associating advertising with the full text of the Article Charging fees for document delivery or access Article aggregation Systematic distribution via e-mail lists or share buttons Posting or linking by commercial companies for use by customers of those companies.

  • Table of Contents is deleted in its entirety and replaced with the attached “Table of Contents” (identified by “SA-11”).

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Cross-reference The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the FSM Congress are found in title 3 of this code.

  • Terms Incorporated by Reference means the Non-Cleared Swap Agreement(s) governing the Trade memorialized in the Trade Communication.

  • Right of Reference means the “right of reference” defined in 21 CFR 314.3(b), including with regard to a Party, allowing the applicable Regulatory Authority in a country to have access to relevant information (by cross-reference, incorporation by reference or otherwise) contained in Regulatory Documentation (and any data contained therein) filed with such Regulatory Authority with respect to a Party’s Compound, only to the extent necessary for the conduct of the Study in such country or as otherwise expressly permitted or required under this Agreement to enable a Party to exercise its rights or perform its obligations hereunder.