Restricted Funds. As a condition of membership and participation in the SELPA, LEA warrants and represents that at no time during the term of this Agreement and LEA’s membership and participation in the SELPA shall the LEA, directly or indirectly, provide special education funding for the benefit of a for-profit entity. Unless altered by law, all funding provided through the Charter SELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any LEA from expending funds to contract with a state-certified nonpublic agency/school for the benefit of children served, in accordance with the approved master contract and individual services agreements as provided for in federal and state law.
Restricted Funds. All funds held by the respective Parties immediately before the Amalgamation Date which are determined to be externally restricted, will continue to have the same restrictions upon amalgamation and will only be used for their restricted purposes.
Restricted Funds. Monies actually received by the Company outside the U.S. in U.S. dollars or in a currency freely convertible to U.S. dollars and freely remittable to the U.S. shall be deemed to have been received by the Company as of the end of the applicable accounting period during which such monies were received, and, as applicable, converted into U.S. dollars at the actual exchange rate applicable to the Company. Monies actually received by the Company outside the U.S. in any currency and not freely remittable to the Company in the U.S. in U.S. dollars shall be considered "Blocked Funds", and shall not be included in Net Revenues. However, upon the Company's receipt of written notice from Licensor that the Licensor desires a settlement of its share of a particular item of Blocked Funds, the Company shall deposit the Licensor's share of such Blocked Funds (i.e., the License Fees) in a bank account in the applicable country, in the Licensor's name, subject to all applicable laws and regulations. Such deposit shall fully satisfy the Company's obligations to Licensor with respect to such Blocked Funds and Licensor's share thereof, and any taxes, expenses or other charges incurred in connection with the making of such deposit shall be deducted from Licensor's share of such Blocked Funds, or otherwise charged to or paid by Licensor in advance, if required to make such deposit.
Restricted Funds. Attached hereto as Schedule 4.26 is a list of all funds received and held by or on behalf of each Xxxxxxx Corporation in the nature of grants, donations, contributions, bequests or trusts, which funds are restricted or conditioned as to their use (“Restricted Funds”). For each Restricted Fund, Schedule 4.26 further indicates (i) the name of the fund, (ii) the balance as of the date hereof, (iii) the nature of the donor-imposed restrictions or conditions and (iv) whether such restrictions are permanent or temporary for purposes of financial statement reporting, including the duration of any temporary restrictions.
Restricted Funds. On the Closing Date, by virtue of the transfer of Restricted Funds from Xxxxxxx Foundation to Advocate Charitable Foundation, all such Restricted Funds shall be held and utilized by Advocate Charitable Foundation in accordance with all Applicable Laws and subject to donor-imposed restrictions and conditions, as disclosed on Schedule 4.26. If such restrictions or conditions cannot be complied with or by Advocate Charitable Foundation, such restrictions or conditions may be redirected with the permission of the donor(s) or modified as permitted by Applicable Law to permit Advocate Charitable Foundation’s use of the Restricted Funds. In the event that Advocate Charitable Foundation cannot use such Restricted Funds as provided above, then consistent with Applicable Law, Advocate Charitable Foundation may return the Restricted Funds to donors or otherwise dispose of the Restricted Funds consistent with the terms of such gifts. Notwithstanding anything herein to the contrary, it is expressly understood and agreed among the Parties that all unrestricted cash and investments held by Xxxxxxx Foundation as of the Closing Date, as well as future bequests, gifts and donations raised for Advocate Xxxxxxx Hospital will continue to be used and invested solely in support of Xxxxxxx Hospital and its diverse programs and services.
Restricted Funds. Certain funds of FBC are “restricted” because the donors of such funds restricted their use and FBC agreed to receive such donations subject to such restrictions. All restrictions placed on restricted donations of FBC will be honored by the Surviving Association. The Board of FBC, or the Board of the Surviving Association, may seek the agreement of the original donor(s) to remove any restrictions on restricted accounts.
Restricted Funds. As a condition of membership and participation in the SELPA, LEA warrants and represents that at no time during the term of this Agreement DocuSign Envelope ID: F403501D-5D7F-48E0-88A4-011A538C1697 and LEA’s membership and participation in the SELPA shall the LEA, directly or indirectly, provide special education funding for the benefit of a for-profit entity. Unless altered by law, all funding provided through the Charter SELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any LEA from expending funds to contract with a state-certified nonpublic agency/school for the benefit of children served, in accordance with the approved master contract and individual services agreements as provided for in federal and state law.
Restricted Funds. 25 7.5 Currency.................................................................................................. 25 7.6 Maintenance of Records and Audit Rights................................................................... 25 8. INDEMNITIES...................................................................................................... 26
Restricted Funds. Since the nature and extent of the costs likely to be incurred for the events contemplated below are difficult to ascertain in advance, it is agreed that those expenses and cost eligible for reimbursement hereunder are those actual “out-of-pocket” costs paid by the UBA. Furthermore, whether any particular expense is or is not reimbursable as provided herein, shall be a determination made in the sole discretion of the Chief Administrative Officer. Restricted Funds will be paid only on a reimbursable basis.
Restricted Funds. All funds held by the respective Parties immediately before the Amalgamation Date which are determined to be externally restricted, will continue to have the same restrictions upon amalgamation and will only be used for their restricted purposes. Languages English and French are the languages of the Corporation. By-Laws The by-laws of Amalgamated Corporation, until repealed or amended, are attached as Schedule B hereto. GOVERNANCE OF THE AMALGAMATED CORPORATION Composition of the Board The Board of Directors shall initially consist of 15 directors, the names, address for service and term of office of whom are set out below. All subsequent elected directors shall be elected by the members of the Amalgamated Corporation in accordance with the articles and by-laws of the Amalgamated Corporation. NAME ADDRESS TERM Xxxxx Xxxxx General Delivery Lomond, AB. T0L 1G0 2 years Xxxx Xxxxxxx 000000 Xxxxx Xxxx 00 MD of Spirit River, XX Xxx 000 Xxxxxxx XX X0X 0X0 3 years Xxxx Xxxxxxx 0000 Xxxxxxxxx Xx Xxxxxx XX X0X 0X0 3 years Xxxxx Xxxxxx Xxxxxxx 000 Xxxxxxxxx Xxxxxx, X.X. Xxxxxxx, XX X0X 0X0 2 years Xxxx XxXxxx XX 00-00-00X, Xxx Xxxxx, Xxxxxxxx, X0X 0X0 2 years Xxxxxx Xxxxx XX-00-00-00-X0 Xxxxxxxxxx, XX X0X 0X0 3 years Xxxxxxx X. Xxxxxx 000 Xxxxxxxxx Xx S West Montrose ON N0B 2V0 2 years Xxxxxxx X. Xxxx SeCan, 400 – 000 Xxxxx Xxx Drive Kanata Ontario K2K 0E3 3 years Xxxxx Xxxxxxxx 000, xxx Xxxxxxx Xx-Pie, Québec J0H 1W0 3 years Xxxxxx Xxxxxx 1155 4 e Rang Saint-Hugues Quebec J0 H1N0 2 years Xxxxx Xxxxxx C&M Seeds 0000 0xx Xxxx Xxxxxxxxxx, XX, X0X 0X0 2 years Xxxxxx X Xxxxxxx 000 Xxx Xxxx St Sarnia Ontario N7W 0A4 3 years Xxxxxxxx Xxxxxx 0000 Xxxx Xxxxx Xxxx Xxxxx Xxxxx XX X0X 0X0 2 years Xxxxx Xxxxxxx Xxxxxx 00 Xxxxxxx Xxxxx Morden, MB R6M 1R6 3 years Xxxxx Xxxxx Gelech 000 Xxxxxxx Xxx Xxxxxxxx Xxxx, XX, X0X 0X0 2 years Management The Board of Directors shall manage the affairs of the Amalgamated Corporation subject to the provisions of the CNCA and the by-laws of the Amalgamated Corporation, including all statutory and regulatory authorities delegated to the Corporation in respect of the seed certification system and the regulatory mandates of the Amalgamated Corporations.
