Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
Funding Obligation. In the event a payment otherwise due under this Agreement is deferred under Section 1.5 and a Change of Control occurs or has occurred within two years, the performance of Key’s obligations to make such payment will be secured by amounts deposited or to be deposited in trust pursuant to the KeyCorp Rabbi Trust Agreement, or any successor trust (“Trust”), provided that any funds deposited in the Trust shall remain subject to the general creditors of Key, and the Executive will have the status of a general unsecured creditor of Key, and will have no right to, or security interest in, any assets of Key or any subsidiary of Key. Prior to the date of a Change of Control, Key shall provide the Executive and the trustee with a schedule showing the nature and amounts of the benefits that the Executive would be entitled to under Section 1.1 or Section 1.2 of this Agreement if on the date of the Change of Control the Executive’s employment was terminated under circumstances that Section 1.1 or Section 1.2 would be applicable. At the time set forth in Section 1.5 when the trust is required to make payment to the Executive, the trustee shall make such payment and perform any necessary calculation of benefits in the same manner as outlined in the schedule provided by Key to the trustee prior to the date of the Change of Control.
Funding Obligation. 9.1.1 Each Party (or Parties, as the case may be) appointing a representative shall bear the remuneration for its Representative(s).
Funding Obligation. The Preferred Bidders shall ensure that the Concessionaire has, at all times, sufficient funds to ensure the due discharge of its payment obligations to the Authority under this Agreement. In the event the Concessionaire is not able to discharge its payment obligations to the Authority under this Agreement on account of lack of funds, the Authority shall have the right to claim and recover from the Preferred Bidders (jointly and severally) and the Preferred Bidders shall have the obligation to pay, all such amounts that are due and payable by the Concessionaire to the Authority under this Agreement.
Funding Obligation. In the event a payment otherwise due under this Agreement is deferred under Section 1.3 and a Change of Control occurs or has occurred within two years, the performance of Key’s obligations to make such payment will be secured by amounts deposited or to be deposited in trust pursuant to the KeyCorp Rabbi Trust Agreement, or any successor trust (“Trust”), provided that any funds deposited in the Trust shall remain subject to the general creditors of Key, and the Executive will have the status of a general unsecured creditor of Key, and will have no right to, or security interest in, any assets of Key or any subsidiary of Key. Prior to the date of a Change of Control, Key shall provide the Executive and the trustee with a schedule showing the nature and amounts of the benefits that the Executive would be entitled to under Section 1.1 of this Agreement if on the date of the Change of Control the Executive’s employment was terminated under circumstances that made Section 1.1
Funding Obligation. A. The State Conservationist makes awards to eligible entities based on State ranking and funds available. After awards are made, the State Conservationist will work with the appropriate entities to finalize and sign the cooperative agreements, incorporating all necessary FRPP requirements. The cooperative agreements obligate the allocated funds.
Funding Obligation. Per the Cooperative and Mutual Aid Agreement, Article 2, Section 11, and Article 9, Section 7, and as further noted in Article 11, Section 6, nothing contained in this Membership Agreement shall be construed as binding the Member agency to expend in any one fiscal year any sum in excess of available appropriations made by Congress, the Alaska Legislature, a city council, a borough assembly, or a board of directors for the purposes of this Membership Agreement for that fiscal year, or to be obligated to make an expenditure of money in excess of such appropriations.
Funding Obligation. In the event that a Financing Shortfall occurs and a Financing Shortfall Amount exists, then the Financing Shortfall Amount shall be funded in the following order of priority:
Funding Obligation. Prior to or simultaneously with a Change in Control over which Xxxxxx has control or within three business days of any other Change in Control, Xxxxxx shall establish an irrevocable grantor trust (also known as a “rabbi trust”) for the benefit of the Key Employee and other key employees of Xxxxxx who are parties to agreements with Xxxxxx similar to this Agreement for the sole purpose of: (a) holding assets equal in value to the present value at any time after a Change in Control of the maximum amount of benefits to which the Key Employee may be entitled under this Agreement and to which such other key employees may be entitled under similar provisions of their respective agreements, and (b) distributing such assets as their payment becomes due. Prior to or simultaneously with a Change in Control over which the Xxxxxx has control or within three business days of any other Change in Control, Xxxxxx shall fund such trust with cash or marketable securities having the value described in Section 17(a); provided that Xxxxxx shall not be obligated to fund such trust at such time if the funding would result in additional tax being owed under Code section 409A, and in such event, Xxxxxx shall fund such trust on the first day it may fund such trust without causing any such additional tax to be owed. Xxxxxx shall reasonably calculate the value described in Section 17(a) assuming that the date on which such calculation is made is the date of the Key Employee’s termination of employment and the corresponding date applicable to such other key employees.
Funding Obligation. Cortendo shall exercise commercially reasonable efforts to (a) take all necessary actions within one year after the Start Date to effect the listing of either (i) Cortendo’s common stock, par value Swedish Krona 1 per share (the Common Stock), or (ii) American Depository Receipts representing the Common stock (ADRs) on the Nasdaq Global Market or the NYSE or, if listing on neither of these stock markets is available, on the Nasdaq Capital Market, (b) take all actions necessary to register such class of securities under the U.S. Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder, and (c) to the extent applicable, to cause the registration of the Common Stock or issuance of such ADRs, if applicable, and obtain all required approvals for the listing of the Common Stock or ADRs representing the Common Stock with the applicable U.S. trading market.
