Nonaffiliated Sample Clauses

Nonaffiliated. Practitioners - Provider shall ensure that Covered Services are provided only by Practitioners that have been accepted by Health Plan as Affiliated Providers. In the event that Covered Services are inadvertently provided by a nonaffiliated Practitioner, Provider shall bill Health Plan directly and accept applicable Health Plan payment rates as payment in full. Notwithstanding the above, medical services provided by any nonaffiliated Practitioner that has failed Health Plan credentials or quality review or has been excluded or debarred from Medicare shall not be payable. All Covered Services provided by nonaffiliated Practitioners are subject to Member Hold Harmless provisions herein.
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Nonaffiliated. Partner Trustee hereby covenants and agrees that:
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Nonaffiliated. Partner Trustee shall give notice of each appointment of a successor Indenture Trustee by mailing written notice of such event by first-class mail to Holders.
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Nonaffiliated. Partner Trustee, Indenture Trustee and other parties have entered into the Participation Agreement providing for the commitment of the Note Purchasers to purchase Notes in an aggregate amount not to exceed $75,000,000.
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Nonaffiliated. Partner Trustee does hereby warrant and represent that it has the right, power and authority under the Trust Agreement and Partnership Agreement, and Partnership does hereby warrant and represent that it has the right, power and authority under the Partnership Agreement, to xxxxx x Xxxx on, and a security interest in, all property comprising the Indenture Estate and that it has not granted, bargained, sold, assigned, transferred, conveyed or pledged a security interest in or lien on, and hereby covenants that it will not grant, bargain, sell, assign, transfer, convey or pledge a security interest in, or lien on, so long as this Indenture remains in effect, any of its right, title or interest in the Indenture Estate to anyone other than Indenture Trustee. Nonaffiliated Partner Trustee will warrant and defend such security interest against all Persons claiming by, through or under Nonaffiliated Partner Trustee. Partnership will warrant and defend such security interest against all Persons claiming by, through or under Partnership.
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Nonaffiliated. Partner Trustee, the Trust Estate or any Beneficiary becomes insolvent or bankrupt or generally fails to pay, or admits in writing its inability to pay, its debts as they come due, or makes a general assignment for the benefit of creditors, or applies for, consents to or acquiesces in the appointment of a trustee, custodian or receiver or other similar official for Nonaffiliated Partner Trustee, Trust Estate or Beneficiary;
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Nonaffiliated. Partner Trustee shall pay to Indenture Trustee, from time to time, on demand, the following amounts: (i) reasonable compensation for Indenture Trustee's services, which compensation shall not be limited by any law on compensation of a trustee of an express trust, (ii) reimbursement for all reasonable out- of-pocket expenses incurred by Indenture Trustee in connection with the performance of its duties under this Indenture (including the reasonable compensation and expenses of Indenture Trustee's counsel in accordance with Section 9.1(b) and any agent appointed in accordance with Section 9.1(c)) and (iii) any expense, loss or liability incurred by it arising out of or in connection with its acceptance or administration of the trust or trusts hereunder except (1) such expenses or loss or liability resulting from the negligence or wilful misconduct of Indenture Trustee or the inaccuracy of any representation or warranty of Indenture Trustee in its individual capacity in Section 3.3 of the Participation Agreement, (2) as otherwise provided in Section 9.9 and (3) as otherwise excluded by Sections 7.1 and 7.2 of the Participation Agreement from BJ USA's indemnities under said Sections; except that, so long as the Partnership Agreement is in effect, Indenture Trustee shall not make any claim against Nonaffiliated Partner Trustee under this Section 9.5 for any claim or expense for which BJ USA is liable, or for which Nonaffiliated Partner Trustee is indemnified against by BJ USA, under the Participation Agreement without first making demand on BJ USA for payment of such claim or expense. Indenture Trustee shall notify Nonaffiliated Partner Trustee and BJ USA promptly of any claim or expense for which it may seek indemnity.
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Nonaffiliated. Partner Trustee has granted, bargained, sold, assigned, transferred, conveyed, pledged and confirmed, and does hereby grant, bargain, sell, assign, transfer, convey, pledge, and confirm, unto Indenture Trustee, its successors and assigns, for the security and benefit of the Holders from time to time and Indenture Trustee, and grants a security interest in and lien on, all estate, right, title and interest of Nonaffiliated Partner Trustee in, to and under (A) the Partnership Agreement and Nonaffiliated Partner Trustee's Partnership Interest under the Partnership Agreement (including all instruments or certificates owned or held by or established in favor of Nonaffiliated Partner Trustee with respect to such Partnership Interest) and all rights, authority, powers and privileges of Nonaffiliated Partner Trustee as a holder of such Partnership Interest and all payments and distributions thereunder of whatever kind or character and whether in cash or other property, at any time made or distributable to Nonaffiliated Partner Trustee thereunder or in respect thereof, whether due or to become due and whether representing profits, distributions, repayments of capital contributions or otherwise (including all amounts of Priority Distributions, Supplemental Priority Distributions, Special Distributions, Disposition Value, ET Price, FT Price and payments of any kind required to be made to Nonaffiliated Partner Trustee thereunder), including, without limitation, the immediate and continuing right of Nonaffiliated Partner Trustee to receive and collect all distributions and any other payments or other amounts and the right of Nonaffiliated Partner Trustee to exercise any election or option or to make any decision or determination or to give or receive any notice, consent, waiver or approval or to consent to any amendment, modification or waiver or to make any claims or demands under or to take any other action provided under or in respect of the Partnership Agreement, the Services Agreement or the O&M Agreement or to accept surrender of any Unit or Units, including all the rights and powers and remedies of Nonaffiliated Partner Trustee to the exclusion of General Partner and any other Partner, to declare the O&M Agreement and the Services Agreement to be in default, to terminate such agreements and exercise all rights and remedies thereunder and under the Partnership Agreement, including, without limitation, the commencement, conduct and consummation of legal, administr...
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Nonaffiliated third parties include our clearing firm or others that:
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Related to Nonaffiliated

  • Unaffiliated Third Parties Nothing herein shall impose any duty upon the Transfer Agent in connection with or make the Transfer Agent liable for the actions or omissions to act of unaffiliated third parties such as, by way of example and not limitation, airborne services, the U.S. mails and telecommunication companies, provided, if the Transfer Agent selected such company, the Transfer Agent shall have exercised due care in selecting the same.

  • Subcontractors and Unaffiliated Third Parties (a) The Escrow Agent may, without further consent of any party hereto, subcontract with (i) any of its affiliates, or (ii) unaffiliated subcontractors for such services as may be required from time to time (e.g., lost stockholder searches, escheatment, telephone and mailing services); provided, however, that the Escrow Agent (i) shall be fully responsible for the acts and omissions of its affiliate as it is for its own acts and omissions and (ii) shall not be liable for the acts and omissions of any subcontractor absent willful misconduct, bad faith or gross negligence of the Escrow Agent in the selection of such subcontractor (each as determined by a final, non-appealable judgment of a court of competent jurisdiction).

  • Third Party “Third Party” shall mean any Person other than a Party or an Affiliate of a Party.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing a Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.10, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party may enforce the PII related terms of this Section 4.10 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • Outside Businesses Subject to the provisions of Section 6.3, any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the activities of the Trust, and the Trust and the Holders of Securities shall have no rights by virtue of this Trust Agreement in and to such independent ventures or the income or profits derived therefrom, and the pursuit of any such venture, even if competitive with the activities of the Trust, shall not be deemed wrongful or improper. No Covered Person, the Sponsor, the Delaware Trustee or the Property Trustee shall be obligated to present any particular investment or other opportunity to the Trust even if such opportunity is of a character that, if presented to the Trust, could be taken by the Trust, and any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee shall have the right to take for its own account (individually or as a partner or fiduciary) or to recommend to others any such particular investment or other opportunity. Any Covered Person, the Delaware Trustee and the Property Trustee may engage or be interested in any financial or other transaction with the Sponsor or any Affiliate of the Sponsor, or may act as depositary for, trustee or agent for, or act on any committee or body of holders of, securities or other obligations of the Sponsor or its Affiliates.

  • Arm’s Length With respect to its obligations in connection with the Conveyed Assets, the Servicer shall transact and deal with its Affiliates on an arm’s length basis.

  • No Commissions to Third Parties The Servicer has not dealt with any broker or agent or anyone else who might be entitled to a fee or commission in connection with this transaction other than the Seller; and

  • Consents of Third Parties All consents or approvals required to be obtained by the Vendor for the purpose of selling, assigning or transferring the Claims have been obtained, provided that this condition may only be relied upon by the Vendor if the Vendor has diligently exercised its best efforts to procure all such consents or approvals and the Purchaser has not waived the need for all such consents or approvals.

  • Affiliated Brokers The Adviser or any of its affiliates may act as broker in connection with the purchase or sale of securities or other investments for a Fund, subject to: (i) the requirement that the Adviser seek to obtain best execution and price within the policy guidelines determined by the Board and set forth in the Fund’s current prospectus and SAI; (ii) the provisions of the 1940 Act; (iii) the provisions of the Advisers Act; (iv) the provisions of the 1934 Act; and (v) other provisions of applicable law. These brokerage services are not within the scope of the duties of the Adviser under this Agreement. Subject to the requirements of applicable law and any procedures adopted by the Board, the Adviser or its affiliates may receive brokerage commissions, fees or other remuneration from a Fund for these services in addition to the Adviser’s fees for services under this Agreement.

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