Discretionary Funding Sample Clauses

Discretionary Funding. Beneficiary may at all times, without prejudice to its respective rights under this Agreement and without discharging or in any way increasing Completion Guarantor’s liability or obligations under the Completion Documents, make further advances to Producer or grant Producer any time or indulgence, or deal with, exchange, release, modify or abstain from perfecting, foreclosing or enforcing any security interest or other guaranty or rights which Beneficiary may have from or against Producer, provided that such action shall not hinder or interfere with Production and Delivery. If Beneficiary elects to make any advance greater than its Funding Commitment, then Completion Guarantor’s liability and obligations under the Completion Documents shall not increase because of Beneficiary having provided such additional advances unless (a) Completion Guarantor has requested the same in writing, or (b) Completion Guarantor has been paid a fee in respect of such additional advances in an amount satisfactory to Completion Guarantor.
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Discretionary Funding. The WDA agrees to share any further waste capital infrastructure grant type funding (or its successors) provided by central Government to upper tier authorities based on a 50:50 split between the WDA and the WCAs or in other proportions as agreed by the Partners Funding will be distributed using the same criteria applied to the waste infrastructure capital grant programme that ran from 2008 – 2011as detailed below :- General Principles :- The Waste Infrastructure Capital Grant (herein referred to as ‘the WICG) is to encourage the introduction and development of collection services and related infrastructure which enables high performance recycling and composting and also enables the partners to build on existing recycling programmes and partnerships. The WICG seeks to make an impact by supporting projects that accrue benefits for all Partners and the communities they serve. The WICG will be allocated in order to secure significant increases in Hertfordshire’s household recycling performance, diversion of municipal waste from landfill and to enable the Partners to meet targets detailed in the JMWMS. Whilst priority will be given to achieving 50% household recycling by 2012, the WICG will also look to support proposals linked to wider municipal waste management targets detailed in the JMWMS. The WICG will be allocated by means of an evaluation process which requires provision of information necessary for a fair evaluation of proposals without placing an undue burden on those making applications. The level of detail required will be proportionate to the funding and complexity of the project being proposed The WICG will aim to strike a balance between achieving maximum value for money, increased tonnages, supporting innovation and development and the timely implementation of new recycling services. Bids will need to confirm that revenue funding is in place to support the deployment and operation of capital assets over their life expectancy. The WICG will look to prioritise opportunities for joint working and joint procurement. However, the need to ensure the appropriate deployment of assets will override the need to jointly procure. Effective planning of HWP related procurement should minimise any such conflicts.
Sample 1
Discretionary Funding. 1. Upon receipt of funding provided by central government which is either the Waste Infrastructure Capital Grant (or its successors) or similar, provided to upper tier authorities, the WDA will liaise with the Partners. The WDA agrees to share any funding under this paragraph in proportions agreed by the Partners in pursuit of prevailing JMWMS aims and objectives at the time funding is made available.
Sample 1
Discretionary Funding. Discretionary Funding One-quarter of one percent (.25%) of the unit payroll as of each proceeding June 30th to be applied to address specific operational needs. It may not be applied across- the-board. For the period January – June 2015, this amount will be equivalent to .25% of half of the fiscal year total payroll for the unit. For subsequent years of the contract, this amount shall be equivalent to a .25% of a full fiscal year of total payroll for the year. If the total amount of funding available for this pool as determined by the amount allocated to the University by the state for this purposed is different than stated above, the parties agree that the full amount made available will be expended.
Sample 1
Discretionary Funding. Borrower and Guarantor acknowledge that the Loan Documents provide for a discretionary lending arrangement and agree that Crestmark has no obligation to lend against any Eligible Account or Eligible Inventory or to make any further Advances to Borrower, and that any future Advances made by Cxxxxxxxx will not be deemed to be a waiver of the Existing Defaults or any other events of default. Provided that there is no forbearance Event of Default, Crestmark may make discretionary Advances in accordance with the revised Advance Formula described below which replaces the Advance Formula in the Loan Agreement: Advance Formula: Advances of the Loan may be measured against a percentage of Eligible Accounts and Eligible Inventory. The Loan Amount may not exceed an amount which is the lesser of:
Sample 1
Discretionary Funding. 3. The WDA will continue to make Waste Capital Infrastructure Grant payments to the WCAs under the terms agreed by the HWP on 21st April 2008 until otherwise agreed in accordance with this IIAA.
Sample 1
Discretionary Funding. An additional $1 billion is authorized annually (representing the current CCDBG). Allocation of these funds is based on the current CCDBG formula. The legislation states that a "substantial portion of the funds must be used for low-income working families."
Sample 1
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Related to Discretionary Funding

  • Discretionary Advances Lender is hereby authorized from time to time to make Advances without notice to Borrower that Lender, in its sole discretion, deems necessary or desirable upon the occurrence of any of the following (such Advances made upon the occurrence of the following events are referred to herein as the “Discretionary Advances”): (i) Lender determines, in its sole discretion, that an Advance is be necessary or desirable for the purpose of paying any Loan Expense, cost, expense, fee or other amount to or for the benefit of Borrower or chargeable to Borrower under the Loan Documents, (ii) any Event of Default occurs, or (iii) upon request by Borrower for a Commitment Advance that would cause the aggregate amount of all Commitment Advances made hereunder to exceed the Commitment. Each Discretionary Advance shall, upon disbursement, automatically constitute principal outstanding hereunder and cause a corresponding increase in the aggregate amount of the Debt (even if such Discretionary Advance causes the outstanding principal amount of the Note to exceed the Commitment or the face amount of the Note). Borrower agrees that each Discretionary Advance may, in Lender’s discretion, reduce the amount of availability, if any, under the Commitment and may, in Lender’s discretion, reduce the amount of available Interest Reserve, if any. The making by Lender of any Discretionary Advance shall not cure or waive any Event of Default hereunder (except only for an Event of Default that has been cured to Lender’s satisfaction as confirmed by Lender’s execution of a written agreement specifically acknowledging and describing the Event of Default so cured, and for an Event of Default that has been waived by Lender as confirmed by Lender’s execution of a written agreement specifically acknowledging and describing the Event of Default so waived).

  • Discretionary Sales The Collateral Manager may direct the Trustee to sell (in addition to any sales pursuant to clauses (a) through (e) above) any Collateral Obligation to any party other than ORCC at any time other than during a Restricted Trading Period if after giving effect to such sale, the Aggregate Principal Balance of all Collateral Obligations sold as described in this Section 12.1(g) during the preceding period of 12 calendar months (or, for the first 12 calendar months after the Closing Date, during the period commencing on the Closing Date) is not greater than 25% of the Collateral Principal Amount as of the first day of such 12 calendar month period (or as of the Closing Date, as the case may be).

  • Discretionary Investment Management If and to the extent requested by the Adviser, each Sub-Adviser shall, subject to the supervision of the Trust's Board of Trustees (the "Board") and the Adviser, manage all or a portion of the investments of the Trust in accordance with the investment objectives, policies and limitations provided in the Trust's Registration Statement and such other limitations as the Trust or the Adviser may impose with respect to the Trust by notice to the applicable Sub-Adviser(s) and otherwise in accordance with paragraph 5 below. With respect to the portion of the investments of the Trust under its management, each Sub-Adviser is authorized to: (i) make investment decisions on behalf of the Trust with regard to any stock, bond, other security or investment instrument, including but not limited to foreign currencies, futures, options and other derivatives, and with regard to borrowing money; (ii) place orders for the purchase and sale of securities or other investment instruments with such brokers and dealers as the Sub-Adviser may select; and (iii) upon the request of the Adviser, provide additional investment management services to the Trust, including but not limited to managing the Trust's cash and cash equivalents and lending securities on behalf of the Trust. In selecting brokers or dealers to execute trades for the Trust, each Sub-Adviser will comply with its written policies and procedures regarding brokerage and trading, which policies and procedures shall have been approved by the Board. All discretionary investment management and any other activities of each Sub-Adviser shall at all times be subject to the control and direction of the Adviser and the Board.

  • Nondiscretionary Details The Custodian shall attend to all nondiscretionary details in connection with the sale or purchase or other administration of Investments, except as otherwise directed by an Instruction.

  • Pre-Funding Account On the Closing Date, the Depositor shall deposit in the Pre-Funding Account $0.00 (the “Pre-Funding Account Initial Deposit”) from the net proceeds of the sale of the Notes. On each Subsequent Transfer Date, if any, upon satisfaction of the conditions set forth in Section 2.03(b) with respect to such transfer, the Servicer shall instruct the Indenture Trustee to withdraw from the Pre-Funding Account (i) an amount equal to [RESERVED]% of the result of the aggregate Starting Principal Balance of the Subsequent Receivables transferred to the Trust on such Subsequent Transfer Date less the Yield Supplement Overcollateralization Amount with respect to such Subsequent Receivables as of the related Cutoff Date and (ii), on behalf of the Depositor, deposit into the Reserve Account a portion of such funds equal to the Reserve Account Subsequent Transfer Deposit with respect to such Subsequent Transfer Date and distribute the remainder to or upon the order of the Depositor as payment for such Subsequent Receivables. If the Pre-Funded Amount has not been reduced to zero on the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the Servicer shall instruct the Indenture Trustee to transfer from the Pre-Funding Account on such Payment Date any amount then remaining in the Pre-Funding Account to the Note Distribution Account for distribution in accordance with Section 8.02(g) of the Indenture.

  • Discretionary Facility It is acknowledged and agreed by each Borrower that each Lender has no obligation to make any Loan hereunder unless it has issued Lending Instructions, and that the decision whether or not to issue Lending Instructions under this Master Agreement is within the sole and exclusive discretion of each Lender. It is acknowledged and agreed by each Lender that no Borrower is obligated to borrow money hereunder unless it has issued Borrowing Instructions.

  • Discretionary Adjustment In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

  • Discretionary Acceleration Notwithstanding any other provisions of this Agreement to the contrary, the Committee may, in its sole discretion, declare at any time that the Option shall be immediately exercisable.

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