include if applicable definition
include if applicable. “CRO” means [insert name], which has been retained by Sponsor to provide research support to Sponsor];
include if applicable. The Distributor shall receive from the Funds identified in the Distribution Plan attached as Schedule A hereto (the "Distribution Plan Funds") a distribution fee at the rate and upon the terms and conditions set forth in such Plan ("Distribution Fee"). The Distribution Fee shall be accrued daily and shall be paid on the first business day of each month, or at such time(s) as the Distributor shall reasonably request. The services rendered by the Distributor for which the Distributor is entitled to receive a Distribution Fee shall be deemed to have been completed at the time of the initial sale of the Shares taken into account in computing the Distribution Fee, and with respect to such Shares, the Distributor shall be paid the Distribution Fee regardless of a termination of the Distributor as principal underwriter of the Shares of the relevant Distribution Plan Funds, or any termination of this Agreement other than a complete termination of the Distribution Plan. Except as provided by Rule 12b-1 under the 1940 Act and the terms of the Distribution Plan, as concerns continuation of the Plan and termination of the Plan under certain circumstances, the relevant Fund's obligation to pay the Distribution Fees to the Distributor, when applicable as provided in the foregoing provisions of this Section 2, shall be absolute and unconditional and shall not be subject to any dispute, offset, counterclaim or defense whatsoever.
include if applicable. This notice constitutes a written confirmation of a telecopy/ electronic mail request made by ________________ to _______________ on _______________, __________] By To: ▇▇▇▇ ▇▇▇▇▇▇ Bank Date: _____________________, 20___ Subject: [Borrower] Financial Statements In accordance with our Credit and Security Agreement dated as of ________, 20____, as amended, modified, extended, renewed, supplemented or restated (the “Credit Agreement”), attached are the financial statements of _____________ (“Borrower[s]”) of and for the [month] [fiscal quarter] ended _______________ ____, 20____ (the “Reporting Date”) and the year-to-date period then ended (the “Current Financials”) required to be delivered pursuant to Section 7.03 of the Credit Agreement. All terms used in this certificate have the meanings given in the Credit Agreement. The Borrower[s] certifies that the Current Financials have been prepared in accordance with GAAP and fairly present in all material respects the consolidated financial condition of the Borrower as of the date thereof and in a manner consistent with prior periods. Defaults. (Check one): The Borrower[s] further certifies that: · Except as previously reported in writing to the Lender, there exists no event or circumstance which is or which with the passage of time, the giving of notice, or both would constitute an Event of Default, as that term is defined in the Agreement, or, if such an event of circumstance exists, a writing attached hereto specifies the nature thereof, the period of existence thereof and the action that Borrower[s] has taken or proposes to take with respect thereto.. · There exists no event or circumstance which is or which with the passage of time, the giving of notice, or both would constitute an Event of Default, as that term is defined in the Agreement, or, if such an event of circumstance exists, a writing attached hereto specifies the nature thereof, the period of existence thereof and the action that Borrower[s] has taken or proposes to take with respect thereto.