Pursuant to an assignment agreement dated as of the Closing Date (the "Assignment Agreement") between PaineWebber and the Depositor, PaineWebber will convey the Underlying Securities to the Depositor. Pursuant to the Trust Agreement and a Cross-Receipt, the Depositor will convey the Underlying Securities to the Trustee. The Certificates are described more fully in the Registration Statement (as hereinafter defined). This is to confirm the arrangements with respect to the Underwriters' purchase of the Certificates.

Pursuant to the authority granted to the Servicer in Section 3.1(b), the Servicer shall have the power, revocable by the Trustee, to make withdrawals and payments from the Excess Funding Account and to instruct the Trustee to make withdrawals and payments from the Excess Funding Account for the purposes of carrying out the Servicer's or Trustee's duties hereunder. (d) Administration of the Excess Funding Ac- count. Funds on deposit in the Excess Funding Account shall be invested at the written direction of the Servicer by the Trustee in Eligible Investments. Funds on deposit in the Excess Funding Account on any Distribu- tion Date shall be invested in such investments that will mature so that such funds will be available for withdraw- al on or prior to the following Distribution Date. The Trustee shall maintain for the benefit of the Certifi- cateholders possession of the negotiable instruments or securities, if any, evidencing such Eligible Investments. No Eligible Investment shall be disposed of prior to its maturity; provided, however, that the Trustee may sell, liquidate or dispose of an Eligible Investment before its maturity, if so directed by the Servicer, the Servicer having reasonably determined that the interest of the Certificateholders may be adversely affected if such

Pursuant to a remarketing agreement (the "Remarketing Agreement") to be entered into among the Company, the Series A Trust, the Series B Trust, the Stock Purchase Contract Agent and a financial institution to be selected by the Company to act as a reset agent and a remarketing agent (together, the "Remarketing Agent"), each series of Trust Preferred Securities will be remarketed, subject to certain terms and conditions. The "Component Securities" means, collectively, the Stock Purchase Contracts, the Trust Preferred Securities, the Debt Securities, the Guarantees and the Issuable Common Stock. The terms and rights of any particular issuance of Securities (including the Component Securities) shall be as specified in (i) the Pricing Agreement relating thereto, (ii) the Declaration of Trust of the Series A Trust (the "Original Series A Declaration"), dated as of May 17, 2001, between the Company, as the sponsor, and Bank One Trust Company, N.A., and the Amended and Restated Declaration of Trust (the "Amended Series A Declaration", and together with the Original Series A Declaration, the "Series A Declaration"), to be dated as of the Closing Date, among the Company, as the sponsor, X.X. Xxxxxx Trust Company, National Association, as property trustee (the "Series A Property Trustee"), Chase Bank USA, National Association, as the Delaware trustee (the "Series A Delaware Trustee"), the administrative trustees named therein (the "Series A Administrative Trustees") and the holders thereunder, (iii) the Declaration of Trust of the Series B Trust (the "Original Series B Declaration"), dated as of May 17, 2001, between the Company, as the sponsor, and Bank One Trust Company, N.A., and the Amended and Restated Declaration of Trust (the "Amended Series B Declaration", together with the Original Series B Declaration, the "Series B Declaration", and together with the Series A Declaration, the "Declarations"), to be dated as of the Closing Date, among the Company, as the sponsor, X.X. Xxxxxx Trust Company, National Association, as property trustee (the "Series B Property Trustee"), Chase Bank USA, National Association, as the Delaware trustee (the "Series B Delaware Trustee"), the administrative trustees named therein (the "Series B Administrative Trustees") and the holders thereunder, (iv) the Series A Indenture, (v) the Series B Indenture, (vi) the Guarantee Agreements, (vii) the Stock Purchase Contract Agreement or (viii) the Pledge Agreement (each document listed in clauses (ii) t...

Examples of Pursuant to in a sentence

SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).
Pursuant to rule 3745-33-04, Ohio Administrative Code, the permittee may at any time apply to the Ohio EPA for modification of any part of this permit.
Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the procurement document declaring that they and all parties involved in the procurement process and contract execution have not engaged/will not engage in any corrupt or fraudulent practices.
SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

More Definitions of Pursuant to

Pursuant to an underwriting agreement (the "Underwriting Agreement") among the Company and Xxxxxx Xxxxxxx & Co. Incorporated, X.X. Xxxxxxxx & Co., Credit Suisse First Boston Corporation, First Union Capital Markets Corp. and NationsBanc Xxxxxxxxxx Securities LLC, as representatives of the underwriters named on Schedule I thereto (the "Underwriters"), the Company will issue up to 6,037,500 shares of its Common Stock, par value $.01 per share (the "Shares").

Pursuant to. Valuation Procedure One": (a) within 60 days of December 31, 2007, the Parent's then independent auditor shall determine the gross revenues generated by Acquisition Sub for the fiscal year ending December 31, 2007 in accordance with generally accepted accounting principles, consistently applied (the "Gross Revenue"), and shall certify same to the parties; (b) the Gross Revenue shall be multiplied by a factor of 1.0 to determine the new value of Acquisition Sub (the "New CGM Value One"); and (c) the amount of any increase in the Principal Amount pursuant to this Valuation Procedure One shall be equal to the New CGM Value One, less $5,000,000, and shall be referred to as the "Procedure One Principal Amount Increase". In the event that the application of Valuation Procedure One does not result in a Procedure One Principal Amount Increase, then under this Valuation Procedure One the Principal Amount shall be deemed the Procedure One Principal Amount Increase for all purposes under this Valuation Procedure One.

Pursuant to. Education Code Section 88210, the Board shall, upon 6 written request from the Union at least sixty (60) days in advance, grant

Pursuant to a remarketing agreement (the "Remarketing Agreement") to be dated as of April 12, 2000, among the Company, the Purchase Contract Agent and a nationally recognized investment banking firm chosen by the Company, certain Preferred Shares may be remarketed, subject to certain terms and conditions. The Company and certain other entities affiliated therewith have filed with the Securities and Exchange Commission (the "Commission") a joint registration statement on Form S-3 (No. 333-78841) and pre-effective amendments nos. 1 and 2 thereto, for the registration of the Securities and certain other securities described therein under the Securities Act of 1933, as amended (the "1933 Act"), and the offering thereof from time to time in accordance with Rule 415 of the rules and regulations of the Commission under the 1933 Act (the "1933 Act Regulations"). Such registration statement has been declared effective by the Commission. Such registration statement, in the form in which it became effective, is referred to herein as the "Registration Statement"; and the final prospectus and the final prospectus supplement relating to the offering of the Securities, in the form first furnished to the Underwriters by the Company for use in connection with the offering of the Securities, are collectively referred to herein as the "Prospectus"; provided, however, that all references to the "Registration Statement" and the "Prospectus" shall also be deemed to include all documents incorporated therein by reference pursuant to the Securities Exchange Act of 1934, as amended (the "1934 Act"), prior to the time the applicable final prospectus and the final prospectus supplement were first furnished to the Underwriters by the Company; provided, further, that if the Company files a registration statement with the Commission pursuant to Rule 462(b) of the 1933 Act Regulations (the "Rule 462(b) Registration Statement"), then, after such filing, all references to "Registration Statement" shall also be deemed to include the Rule 462 Registration Statement. A "preliminary prospectus" shall be deemed to refer to any prospectus relating to the offering of the Securities that omitted information to be included upon pricing in a form of prospectus filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations and was used after the Registration Statement became effective and prior to the execution and delivery of this Underwriting Agreement. For purposes of this Underwriting Agreeme...

Pursuant to an investment management agreement, Manager acts as investment adviser to AZL Van Kampen Comstock Fund (xxx "Xxxx"), x xxxies of the Allianz Variable Insurance Products Trust, a Delaware statutory trust and a registered investment company under the Investment Company Act of 1940, as amended (the "1940 Act"). Manager and Subadviser expect to execute a Subadvisory Agreement, effective on or about October 26, 2009, pursuant to which Subadviser will provide investment advisory services to the Fund, to be renamed the AZL Eaton Vance Large Cap Valxx Xxxx. Pursuant to a Transition Agreement between Manager and State Street Bank and Trust Company, Manager will engage State Street to act as Transition Manager for the Fund in restructuring the portfolio of securities held by the Fund in connection with the subadviser change. Transition Manager will be authorized to utilize an internal securities cross-trading system or place securities orders with affiliated broker-dealers.

Pursuant to. [sec][sec].2.3 of the Credit Agreement, the Borrower hereby notifies you that the Borrower has elected to reduce the Total Commitment by $10,000,000 (from $25,000,000 to $15,000,000), effective today, November 13, 2001. The Borrower has requested that the Banks and the Agent waive the five (5) Business Day prior written notice requirement contained in [sec][sec].2.3 of such a reduction in the Total Commitment and deem this reduction in the Total Commitment as set forth above effective as of 9:00 a.m. (Boston time) today, November 13, 2001. By its signature below, the Agent and the Banks hereby consent to waiving the advance prior written notice requirement contained in [sec][sec].2.3 of the Credit Agreement for this reduction in the Total Commitment requested above and agree that such reduction shall be effective as of 9:00 a.m. (Boston time)

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