Access to Financial Assurance Sample Clauses

Access to Financial Assurance a. If EPA issues a notice of implementation of a Work Takeover under ¶ 68.b, then, in accordance with any applicable financial assurance mechanism and/or related standby funding commitment, EPA is entitled to: (1) the performance of the Work; and/or
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Access to Financial Assurance. If EPA issues a notice of a Work Takeover under ¶ 31.b, then, in accordance with any applicable financial assurance mechanism [if a standby funding commitment requirement is included in ¶ 36.e, insert: including the related standby funding commitment], EPA may require: (1) the performance of the Work; and/or (2) that any funds guaranteed be paid in accordance with ¶ 41.d. If EPA is notified that the issuer of a financial assurance mechanism intends to cancel the mechanism, and the affected Respondent fails to provide an alternative financial assurance mechanism in accordance with this Section at least 30 days prior to the cancellation date, the funds guaranteed under such mechanism must be paid prior to cancellation in accordance with ¶ 41.d. If, upon issuance of a notice of a Work Takeover under ¶ 31, either: (1) EPA is unable for any reason to promptly secure the resources guaranteed under any applicable financial assurance mechanism [including the related standby funding commitment], whether in cash or in kind, to continue and complete the Work; or (2) the financial assurance is a demonstration or guarantee under ¶ 36.e or 36.f, then EPA is entitled to demand an amount, as determined by EPA, sufficient to cover the cost of the remaining Work to be performed. Respondents shall, within __ days after such demand, pay the amount demanded as directed by EPA. Any amounts required to be paid under this ¶ 41 must be, as directed by EPA: (i) paid to EPA in order to facilitate the completion of the Work by EPA, the State, or by another person; or (ii) deposited into an interest-bearing account, established at a duly chartered bank or trust company that is insured by the FDIC, in order to facilitate the completion of the Work by another person. If payment is made to EPA, EPA may deposit the payment into the Fund or into the Special Account to be retained and used to conduct or finance response actions at or in connection with the Site, or to be transferred by EPA to the Fund.
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Access to Financial Assurance a. IfU.S. EPA carries out the required actions of this Settlement Agreement unilaterally pursuant to Section 1 04 of CERCLA, 42 U.S.C. §9604, then, in accordance with any applicable financial assurance mechanism, U.S. EPA is entitled to: (I) the performance of the Work; and/or (2) require that any funds guaranteed be paid in accordance with Paragraph 89.c. In this case, if either: (I) U.S. EPA is ullable for any reason to promptly secure the resources guaranteed under any applicable financial assurance mechanism, whether in cash or in kind, to continue and complete the Work; or (2) the financial assurance is provided under Paragraph 85.d or 82.e then U.S. EPA may demand an amount, as determined by U.S. EPA, sufficient to cover the cost of the remaining Work to be performed. Respondents shall, within 45 days of such demand, pay the amount demanded as directed by U.S. EPA.
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Access to Financial Assurance a. If the Division issues a notice of implementation of a Work Takeover under Paragraph 141.b, then, in accordance with any applicable financial assurance mechanism, and/or related standby funding commitment, the Division is entitled to: (1) the performance of the Work; and/or (2) require that any funds guaranteed be paid in accordance with Paragraph 164.d.
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Access to Financial Assurance. If the Agencies determine that Purchaser (1) has ceased implementation of any portion of the Activities in the Statement of Work, (2) are seriously or repeatedly deficient or late in their performance of the Activities in the Statement of Work, or (3) are implementing the Activities in the Statement of Work in a manner that may cause an endangerment to human health or the environment, the Agencies may issue a written notice (“Performance Failure Notice”) to both Purchaser and the financial assurance provider regarding Purchaser’s failure to perform. Any Performance Failure Notice issued by the Agencies will specify the grounds upon which such notice was issued and will provide Purchaser a period of 10 days within which to remedy the circumstances giving rise to the Agencies’ issuance of such notice. If, after expiration of the 10-day period specified in this Paragraph, Purchaser has not remedied to the Agencies’ satisfaction the circumstances giving rise to the Agencies’ issuance of the relevant Performance Failure Notice, then, in accordance with any applicable financial assurance mechanism, the Agencies may at any time thereafter direct the financial assurance provider to immediately: (i) deposit any funds assured pursuant to this Section into the standby trust fund; or (ii) arrange for performance of the Activities in the Statement of Work in accordance with this Settlement. If EPA is notified by the provider of a financial assurance mechanism that it intends to cancel the mechanism, and the affected Purchaser fails to provide an alternative financial assurance mechanism in accordance with this Section at least 30 days prior to the cancellation date, EPA may, prior to cancellation, direct the financial assurance provider to deposit any funds guaranteed under such mechanism into the standby trust fund for use consistent with this Section. Modification of Amount, Form, or Terms of Financial Assurance. Purchaser may submit, on any anniversary of the Effective Date or at any other time agreed to by the Parties, a request to reduce the amount, or change the form or terms, of the financial assurance mechanism. Any such request must be submitted to the Agencies’ individual(s) referenced in Paragraph 36, and must include an estimate of the cost of the remaining Activities in the Statement of Work, an explanation of the bases for the cost calculation, a description of the proposed changes, if any, to the form or terms of the financial assurance, and any newly pr...
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Related to Access to Financial Assurance

  • Financial Assurance The Lessee must provide and maintain at all times a surety bond(s) or other form(s) of financial assurance approved by the Lessor in the amount specified in Addendum “B.” As required by the applicable regulations in 30 CFR Part 585, if, at any time during the term of this lease, the Lessor requires additional financial assurance, then the Lessee must furnish the additional financial assurance required by the Lessor in a form acceptable to the Lessor within 90 days after receipt of the Lessor’s notice of such adjustment.

  • Financial Assurances The following financial assurances are applicable to all grant funds unless the Targeted Grant requirements specifically state the contrary:

  • FINANCIAL AID I understand that aid described as “estimated” on my Financial Aid Award does not represent actual or guaranteed payment, but is an estimate of the aid I may receive if I meet all requirements stipulated by the relevant aid program. If my eligibility for financial aid changes for any reason, I understand that I will be responsible for any charges on my account that were previously covered by financial aid and that I will be responsible for repaying to the lender any credit balances that were refunded to me. I understand and agree that the federal financial aid I receive will be applied by the University for the payment of mandatory fees, and fees for tuition and room and board, which I owe the University. I further understand that if I want the University to apply my federal financial aid to other charges which appear on my fee xxxx during the academic year, I must complete a Title IV Financial Aid Authorization, which is available on the student administration system website, under the heading of “Student Help,” or by following this link: xxxxxxxxxxxx.xxxxx.xxx/xxxx/xxxxxxxx/xxxxxx-xxxxx-xx-xxxxxxxxx-xxx-xxxxxx/ I understand that all prizes, awards, scholarships and grants awarded to me by the University will be credited to my student account and applied toward any outstanding balance owed the University. I further understand that my receipt of a prize, award, scholarship or grant is considered a financial resource under federal Title IV financial aid regulations, and may therefore reduce my eligibility for other federal and/or state financial aid (i.e., loans, grants, Federal Work Study) which, if already disbursed to my student account, may have to be reversed and returned to the aid source. I understand that amounts I will owe for the repayment of my student loans may not be dischargeable in bankruptcy.

  • Financial Ability Each of the Buyer Parties acknowledges that its obligation to consummate the transactions contemplated by this Agreement and the Brewery Transaction is not and will not be subject to the receipt by any Buyer Party of any financing or the consummation of any other transaction other than the occurrence of the GM Transaction Closing and, in the case of the Brewery Transaction, the consummation of the transactions contemplated by this Agreement. The Buyer Parties have delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A. (“Bank of America”), JPMorgan Chase Bank N.A. (“JPMorgan”) and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the Brewery Transaction. The Buyer Parties have delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein), the Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or any of its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the Knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Article 4 and performance by ABI of its obligations under this Agreement and the Brewery SPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach, default or failure to satisfy any condition precedent set forth therein. As of the date hereof, no lender has notified CBI of its intention to terminate the Financing Commitment or not to provide the Financing. There are no conditions precedent or other contingencies related to the funding of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. The aggregate proceeds available to be disbursed pursuant to the Financing Commitment, together with available cash on hand and availability under CBI’s existing credit facility, will be sufficient for the Buyer Parties to pay the Purchase Price hereunder and under the Brewery SPA and all related fees and expenses on the terms contemplated hereby and thereby in accordance with the terms of this Agreement and the Brewery SPA. As of the date hereof, CBI has paid in full any and all commitment or other fees required by the Financing Commitment that are due as of the date hereof. As of the date hereof, the Buyer Parties have no reason to believe that CBI and any of its applicable Affiliates will be unable to satisfy on a timely basis any conditions to the funding of the full amount of the Financing, or that the Financing will not be available to CBI on the Closing Date.

  • OPWC Financial Assistance Subject to the terms and conditions contained herein, the OPWC hereby agrees to provide to the Recipient financial assistance not to exceed the amount as set forth in Appendix C of this Agreement for the sole and express purpose of paying or reimbursing the costs certified to the OPWC under this Agreement for the completion of the Project (the "Funds").

  • Calculation of Financial Assistance OHA will provide financial assistance to County at $834.61 per day, per authorized Individual. OHA is not obligated to pay County for expenditures beyond the limitation for the identified period of this Agreement. OHA will make monthly allotments from invoices, after XXX’s receipt, review, and approval of such invoices. All allotments made by OHA are subject to the limitation described herein.

  • Disbursement of Financial Assistance Unless a different disbursement method is specified in that line of Exhibit C “Financial Assistance Award,” OHA will disburse the financial assistance awarded for A&D 82 Services provided under a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in that line of the Financial Assistance Award, subject to the following:

  • Audit Requirements for Recipients of State Financial Assistance For purposes of this paragraph, the word "Contractor" shall be deemed to mean "nonstate entity," as that term is defined in section 4-230 of the Connecticut General Statutes. The Contractor shall provide for an annual financial audit acceptable to the Client Agency for any expenditure of State awarded funds made by the Contractor. Such audit shall include management letters and audit recommendations. The State Auditors of Public Accounts shall have access to all records and accounts for the fiscal year(s) in which the award was made. The Contractor shall comply with federal and State single audit standards as applicable.

  • General Assurances The parties agree to execute, acknowledge, and ------------------ deliver all such further instruments, and do all such other acts, as may be necessary or appropriate in order to carry out the intent and purposes of this Agreement.

  • Grant of Financial Assistance Subject to the terms and conditions contained herein, the OPWC hereby grants to the Recipient financial assistance not to exceed the amount, as set forth in Appendix C of this Agreement for the sole and express purpose of paying or reimbursing the costs certified to the OPWC under this Agreement for the completion of the Project.

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