IN ACCORDANCE definition

IN ACCORDANCE. WITH THE SELLING SECURITYHOLDER'S OBLIGATION UNDER THE PURCHASE AGREEMENT TO PROVIDE SUCH INFORMATION AS MAY BE REQUIRED BY LAW FOR INCLUSION IN THE SHELF REGISTRATION STATEMENT, THE SELLING SECURITYHOLDER AGREES TO PROMPTLY NOTIFY THE COMPANY OF ANY INACCURACIES OR CHANGES IN THE INFORMATION PROVIDED HEREIN WHICH MAY OCCUR SUBSEQUENT TO THE DATE HEREOF UNTIL SUCH TIME AS THE COMPANY IS NO LONGER REQUIRED TO MAINTAIN THE EFFECTIVENESS OF THE SHELF REGISTRATION STATEMENT. ALL NOTICES HEREUNDER AND PURSUANT TO THE PURCHASE AGREEMENT SHALL BE MADE IN WRITING BY HAND DELIVERY, FIRST-CLASS MAIL OR AIR COURIER GUARANTEEING OVERNIGHT DELIVERY AS FOLLOWS: To the Company: Vector Group Ltd. 100 S.E. Second Street, 32nd Floor Miami, Florida 33131 Xxxx: Xxxxx Xxxxxxxxx Xxxxxxx Xxxx xxxx Xxtice and Questionnaire is executed by the Selling Securityholder and received by the Company, the terms of this Notice and Questionnaire, and the representations and warranties contained herein, shall be binding on, shall inure to the benefit of and shall be enforceable by the respective successors, heirs, personal representatives and assigns of the Company and the Selling Securityholders with respect to the Registrable Securities beneficially owned by such Selling Securityholder and listed in Item (3) above. This Agreement shall be governed in all respects by the laws of the State of New York.
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IN ACCORDANCE though, simply means in agreement or in conformance. Indeed, Congress used the same phrase in BAPCPA to amend immediately preceding Section 1325(b)(2) when it excepted from current monthly income support payments received for a dependent child “made in accordance with applicable nonbankruptcy law to the extent reasonably necessaryto be expended for each child. . . .” It is unlikely that anyone would suggest that “in accordance” as used in that subsection means that the applicable bankruptcy laws ordering the support are to override the bankruptcy court's independent considerationofwhether the expenditure of the same is required. Otherwise, the additional reference to the reasonable necessity of the payments in that clause would be superfluous. Instead, the phrases “applicable nonbankruptcy laws” and “to the extent reasonably necessaryto be extended” must be interpreted asbeingconjoined by “inaccordance with” so as to complement each other. . . .
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IN ACCORDANCE. WITH THE TERMS OF THE CERTIFICATE OF DESIGNATIONS PURSUANT TO WHICH THE SHARES REPRESENTED BY THIS CERTIFICATE WERE ISSUED, THE SHARES REPRESENTED BY THIS CERTIFICATE ARE NOT TRANSFERRABLE OTHER THAN BY THE INITIAL HOLDER TO A PERMITTED TRANSFEREE [OR A VOTING PERMITTED TRANSFEREE] (AS SUCH TERMS ARE USED IN SUCH CERTIFICATE OF DESIGNATIONS) AND IMMEDIATELY PRIOR TO ANY PURPORTED SALE, ASSIGNMENT, TRANSFER OR OTHER DISPOSITION OF THE SHARES REPRESENTED BY THIS CERTIFICATE, SUCH SHARES SHALL AUTOMATICALLY CONVERT INTO SHARES OF CLASS A COMMON STOCK, PAR VALUE $0.01, OF THE ISSUER, IN ACCORDANCE WITH ARTICLE 5 OF SUCH CERTIFICATE OF DESIGNATIONS, A COPY OF WHICH IS ON FILE WITH THE SECRETARY OF THE ISSUER." The investor hereby acknowledges that its ability to transfer any shares of Preferred Stock is restricted by the terms of the Certificate of Designations and that the transfer agent for the Company will not implement any transfer in violation of such restrictions.
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Examples of IN ACCORDANCE in a sentence

  • THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

  • THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES TO THIS AGREEMENT, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS AND DECISIONS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CHOICE OF LAW RULES THEREOF.

  • THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.

  • THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

  • THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.

  • ANY RESALE OR TRANSFER OF THIS CERTIFICATE WITHOUT REGISTRATION THEREOF UNDER THE ACT MAY ONLY BE MADE IN A TRANSACTION EXEMPTED FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT REFERRED TO HEREIN.

  • THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES TO THIS AGREEMENT, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS AND DECISIONS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CHOICE OF LAW RULES THEREOF (OTHER THAN SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

  • THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN THE STATE OF NEW YORK AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HERETO AND THE CERTIFICATEHOLDERS SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  • THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.


More Definitions of IN ACCORDANCE

IN ACCORDANCE with the Request for Disbursement approved by the Bank; and the balance of the Loan Balance Amount $16,900,298.30) shall be paid to the Bank by wire transfer. The Bank shall hold the Loan Balance Amount in an account at the Bank, which account shall bear interest at a fluctuating rate per annum equal to the Eurodollar Time Deposit Rate. The Line Item for Contingency shall be increased by the amount of any interest earned on the Loan Balance Amount. All such interest shall be added to and become part of the Loan Balance Amount, and, to the extent not disbursed to pay Project Costs, shall be released to WKA and KGC upon Substantial Completion of the Project. The Loan Balance Amount may be commingled with the Bank's general funds. Notwithstanding anything in Section 9(k) of the LC Agreement to the contrary, the Bank is hereby irrevocably authorized and directed by the Company, WKA and KGC to apply the Loan Balance Amount to the costs of the first Disbursements for Hard Costs and Soft Costs approved by the Bank, without regard to the particular Line Item(s) to which such costs relate, before the Bank shall direct and authorize the Trustee to disburse proceeds of the Loan to pay such costs. Upon each such application of a portion of the Loan Balance Amount, a corresponding amount shall be deemed to have been loaned by WKA and KGC to the Company. Unless and until the Loan Balance Amount is so applied, the Loan Balance Amount shall constitute additional security for WKA's and KGC's obligations under their respective Completion Guaranties and for the Company's performance of its obligations pursuant to this Agreement (a security interest therein being hereby created). The parties agree that the first $8,000,000 of the Loan Balance Amount disbursed by the Bank shall be deemed to be the proceeds of the loan from WKA and KGC to the Company.
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Related to IN ACCORDANCE

  • Change Control Procedures Has the meaning given in Section 9.6(a) of the Agreement. Change Management or Change Management Process Means the processes relating to planning and performing all changes in DIR Customer's IT environment pertaining to the Services, including changes to individual components and coordination of changes across all components. The Change Management processes will support and include checkpoints to determine any potential or required Change Control Procedures. Chargeback Has the meaning given in Exhibit 4 of the Agreement.

  • Mold remediation in accordance with professional standards means mold remediation of that portion of the dwelling unit or premises affected by mold, or any personal property of the tenant affected by mold, performed consistent with guidance documents published by the United States Environmental Protection Agency, the U.S. Department of Housing and Urban Development, the American Conference of Governmental Industrial Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of Inspection, Cleaning and Restoration for Water Damage Restoration and Professional Mold Remediation, or any protocol for mold remediation prepared by an industrial hygienist consistent with said guidance documents.

  • Procedures Manual means the standards and procedures manual described in Section 8.3.

  • Administrative Procedures means the Administrative Procedures of Minnesota Management & Budget developed in accord with M.S. 43A.04, subdivision 4.

  • Compliance Program means the program established by CNYCC to prevent, detect, and address compliance issues that arise with respect to PPS operations, projects or activities.

  • AML/KYC Procedures means the customer due diligence procedures of a Reporting Estonian Financial Institution pursuant to the anti-money laundering or similar requirements of Estonia to which such Reporting Estonian Financial Institution is subject.

  • Container station and depot services means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

  • customs procedures means the treatment applied by the customs administration of each Party to goods which are subject to customs control.

  • Change Control Procedure has the meaning set out at Clause 28.1;

  • NZOC Nomination and Selection Regulation means the regulation of NZOC relation to the nomination and selection Process for all Olympic and Commonwealth games, including the Games.

  • Operation Procedures means the procedures contained in Annexure A hereto which the Contractor is obliged to follow when performing work on behalf of the company

  • Procedures shall collectively mean DST’s transfer agency procedures manual, third party check procedures, checkwriting draft procedures, Compliance + and identity theft programs and signature guarantee procedures;

  • Paycheck Protection Program means loan program created by Section 1102 of the CARES Act.

  • Implementation Plan means the schedule included in the Statement of Work setting forth the sequence of events for the performance of Services under the Statement of Work, including the Milestones and Milestone Dates.

  • Follow-up means the organized method of systematically determining the status of consumers after they have been discharged to determine post-treatment outcomes and utilization of post-treatment referrals.

  • service delivery and budget implementation plan means a detailed plan approved by the executive mayor of a municipality in terms of section 53(l)(c)(ii) of the MFMA for implementing the municipality's delivery of municipal services and its annual budget, and which must indicate

  • (1) IN GENERAL.—The term qualified trade or business’ means any trade or business other than—

  • (i) IN GENERAL.—The term base amount’ means, with respect to any quarter, an amount equal to 3 times the sum of the adjusted disburse- ments from the plan for the 12 months ending on the last day of such quarter.

  • Implementation means a product (e.g., but without limitation, hardware, software, or firmware) or service that consists of (or makes use of) one (1) or more Compliant Portions;

  • Implementation Period means the period from the date of signing of the Agreement and up to the issuance of Final Acceptance Certificate for the project.

  • Implement or “implementation” means the development or putting into place of a policy or procedure, including the appropriate training of all relevant personnel, and the consistent and verified performance of that policy or procedure in actual practice through the regular use of audit tools.

  • Internal Procedures means in respect of the making of any one or more entries to, changes in or deletions of any one or more entries in the register at any time (including without limitation, original issuance or registration of transfer of ownership) the minimum number of the Warrant Agent’s internal procedures customary at such time for the entry, change or deletion made to be complete under the operating procedures followed at the time by the Warrant Agent, it being understood that neither preparation and issuance shall constitute part of such procedures for any purpose of this definition;

  • Compliance Plan means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 13.

  • MERS Procedures Manual The MERS Procedures Manual, as it may be amended, supplemented or otherwise modified from time to time.

  • (A) IN GENERAL.—The term multiple tax’ means any tax that is imposed by one State or political subdivision thereof on the same or essentially the same electronic commerce that is also subject to another tax imposed by another State or political subdivision thereof (whether or not at the same rate or on the same basis), without a credit (for ex- ample, a resale exemption certificate) for taxes paid in other jurisdictions.

  • Reconciliation Procedures means those procedures set forth in Section 7.09 of this Agreement.