TWELFTH. The Fund agrees to register, from time to time as necessary, additional shares with the Securities and Exchange Commission, state and other regulatory bodies and to pay the related filing fees therefor and to file such amendments, reports and other documents as may be necessary in order that there may be no untrue statement of a material fact in the Registration Statement or prospectus or necessary in order that there may be no omission to state a material fact therein necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As used in this Agreement, the term "Registration Statement" shall mean from time to time the Registration Statement most recently filed by the Fund with the Securities and Exchange Commission and effective under the Securities Act of 1933, as amended, as such Registration Statement is amended at such time, and the terms "Prospectus" shall mean for the purposes of this Agreement from time to time the form of prospectus and statement of additional information authorized by the Fund for use by Distributor and by dealers.
TWELFTH or “fourteenth” of Section 3.2 to “Distribution Date” shall be deemed to refer to such Scheduled Payment Date.
Examples of TWELFTH in a sentence
Dicks Creek Power Company LLC Dynegy Coal Holdco, LLC Dynegy Coal Trading & Transportation, L.L.C. Dynegy Conesville, LLC Dynegy Xxxxxx, LLC Dynegy Marketing and Trade, LLC Dynegy Midwest Generation, LLC Dynegy Operating Company Dynegy Power Marketing, LLC Dynegy Resources Generating Holdco, LLC Dynegy South Bay, LLC Dynegy Stuart, LLC Xxxxx Power Company, LLC [Signature Page to Twelfth Supplemental Indenture] EquiPower Resources Corp.
More Definitions of TWELFTH
TWELFTH. The Corporation may transact business in any part of the world. Thirteenth: - The Board of Directors of the Corporation is expressly authorized to make, alter or repeal the By-Laws of the Corporation by a vote of the majority of the entire Board. The stockholders may make, alter or repeal any By-Law whether or not adopted by them, provided however, that any such additional By-Laws, alterations or repeal may be adopted only by the affirmative vote of the holders of two-thirds or more of the outstanding shares of capital stock of the Corporation entitled to vote generally in the election of directors (considered for this purpose as one class).
TWELFTH. The trust created herein shall be governed by and construed in all respects in accordance with the laws of the State of New York. The Trustees shall not be required to account in any court outside of New York State. THIRTEENTH: This instrument may be executed in two or more counterparts, all of which, when taken together, shall constitute a single instrument.
TWELFTH shall then be applied separately against each Original Participating Manufacturer's resulting payment shares (on a Settling State by Settling State basis) according to each Original Participating Manufacturer's separate entitlement to such offsets, if any, in the calendar year in question. (In the case of payments due from Subsequent Participating Manufacturers, this clause "Seventh" is inapplicable.)
TWELFTH. This Agreement shall become effective with respect to the Shares of each Portfolio as of the date hereof, shall continue in force and effect for two years from the date hereof, and shall continue in force and effect from year to year thereafter, provided, that such continuance is specifically approved with respect to such Portfolio at least annually (a)(i) by the Board of Trustees of the Company or (ii) by the vote of a majority of the outstanding voting securities (as defined in Section 2(a)(42) of the 1940 Act), and (b) by vote of a majority of the Company's trustees who are not parties to this Agreement or "interested persons" (as defined in Section 2(a)(19) of the 0000 Xxx) of any party to this Agreement cast in person at a meeting called for such purpose.
TWELFTH. In the application or interpretation of this contract the agreement of the party of the first part and the party of the second part shall be conclusive and binding upon all persons affected.
TWELFTH. The Interested Parties shall not knowingly and willfully, or negligently – 12 (A) Solicit or receive any information with respect to this Agreement or the 13 Underlying Trust that may not be disclosed pursuant to any provision or requirement of Title I of 14 the Act (and the regulations thereunder) or this Agreement, or 16 (B) Fail to file any document required by Title I of the Act (and the regulations 17 thereunder). 19 THIRTEENTH [Optional provision]: Subject to such amounts as the Trustee under this 20 Agreement may from time to time reserve for the payment of such income taxes as may be due 21 and payable under this Agreement, and for payment of expenses and compensation as provided 22 for in this Agreement, during the Agreement Term the Trustee under this Agreement shall pay to 23 the First Interested Party $ at the beginning of each month. 25 FOURTEENTH: In addition to the rights, duties, and powers conferred upon the Trustee 26 under this Agreement by law, the Independent Fiduciaries under this Agreement shall have the 27 following powers, rights, and discretion with respect to any property held by them under this 28 Agreement: 30 (A) To sell, exchange, or otherwise dispose of the property in such manner and 31 upon such terms as such Independent Fiduciaries in their sole discretion shall deem appropriate; 2 (B) Except as limited by specific enumeration in this Agreement, to invest and 3 reinvest the principal and any undistributed income, in property of any kind;
TWELFTH. The Board of Directors may from time to time make, alter or repeal the By-laws by a vote of a majority of the entire Board of Directors that would be in office if no vacancy existed, whether or not present at a meeting; provided, however, that any By-laws made, amended or repealed by the Board of -------- ------- Directors may be amended or repealed, and any By-laws may be made, by the stockholders of the Corporation by vote of a majority of the holders of shares of stock of the Corporation entitled to vote in the election of directors of the Corporation. CERTIFICATE OF MERGER OF METROMEDIA INTERNATIONAL TELECOMMUNICATIONS, INC. INTO MITI MERGER CORP. ________________________________________________________________________________ The undersigned corporation does hereby certify: FIRST: The name and state of incorporation of each of the constituent ----- corporations of the merger provided for herein (the "Merger") are as follows: NAME STATE OF INCORPORATION ---- ---------------------- Metromedia International Delaware Telecommunications, Inc. MITI Merger Corp. Delaware