Acceptance by Agent Sample Clauses

Acceptance by Agent. If Agent is the sole Lender, Agent may accept this Agreement by issuance of an Approval to a Vendor for the purchase of inventory by Dealers or by making an advance hereunder.

Acceptance by Agent. The Agent accepts this Supplemental Agreement and agrees to execute its duties and responsibilities as hereby supplemented upon the terms and conditions set forth in the Purchase Contract Agreement, including without limitation the terms and provisions defining and limiting the liabilities and responsibilities of the Agent, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of its duties created by the Purchase Contract Agreement as hereby supplemented; and without limiting the generality of the foregoing, the Company affirms its rights and responsibilities with respect to the Agent under Section 7.07(c) of the Purchase Contract Agreement.

Acceptance by Agent. The Agent accepts this Supplemental Agreement and agrees to execute its duties and responsibilities as hereby supplemented upon the terms and conditions set forth in the Purchase Contract Agreement, including without limitation the terms and provisions defining and limiting the liabilities and responsibilities of the Agent, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of its duties created by the Purchase Contract Agreement as hereby supplemented; and without limiting the generality of the foregoing, the Agent shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by Xcel Energy and the Company, or for or with respect to the validity or sufficiency of this Supplemental Agreement or any of the terms or provisions hereof and Xcel Energy and NRG affirm their rights and responsibilities with respect to the Agent under Section 7.07(3) of the Purchase Contract Agreement.

Acceptance by Agent. In accordance with the provisions of Louisiana Civil Code article 3289, Agent has accepted the benefits of the Mortgage without the necessity of execution by Agent. Houston 3941837v.4 THUS DONE AND PASSED this 14th day of April, 2009, to be effective, however, as of April 14, 2009 (the “Effective Date”), in my presence and in the presence of the undersigned competent witnesses who hereunto sign their names with Mortgagor and me, Notary, after reading of the whole. WITNESSES: ST. ▇▇▇▇ ▇▇▇▇ & EXPLORATION COMPANY Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ /s/ SERGIL VMOYRADOV Senior Vice President and General Counsel Name: Sergil Vmoyradov NOTARY PUBLIC The address and tax identification number of the Company is: 1776 Lincoln Street, Suite 1100 ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇ ▇▇▇▇▇▇) Taxpayer I.D. No. 41-05 18430 The address of Agent is: ▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇▇ Blvd., Charlotte, North Carolina 28262 The address of Trustee is: ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2255 Houston, Texas 77002 Signature Page to Deed of Trust, Mortgage, Line of Credit Mortgage Assignment, Security Agreement, Fixture Filing and Financing Statement STATE OF TEXAS § § COUNTY OF ▇▇▇▇▇▇ § BE IT REMEMBERED THAT I, the undersigned authority, a notary public duly qualified, commissioned, sworn and acting in and for the county and state aforesaid, and being authorized in such county and state to take acknowledgments, hereby certify that, on this __ day of April, 2009, THERE personally appeared before me: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Senior Vice President and General Counsel of St. ▇▇▇▇ ▇▇▇▇ & Exploration Company, a Delaware corporation, known to me to be such officer, such corporation being a party to the foregoing instrument. COLORADO, LOUISIANA, MONTANA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, SOUTH DAKOTA, TEXAS, UTAH and WYOMING The foregoing instrument was acknowledged before me on this day, by such person, the above designated officer of the corporation specified following such person’s name, on behalf of said corporation. On this date before me, the undersigned authority, personally came and appeared such person, to me personally known and known by me to be the person whose genuine sign ature is affixed to the foregoing document as the above designated officer of the corporation specified following such and person’s name, who signed said document before me, and who acknowledged, in my presence, that he signed the above and foregoing document as his own free act an...

Acceptance by Agent. Upon its receipt of an Assignment Agreement executed by an assigning Lender and an assignee representing that it is an Eligible Assignee, together with the processing and recordation fee referred to in subsection 10.1B(i) and any forms, certificates or other evidence with respect to United States federal income tax withholding matters that such assignee may be required to deliver to Agent pursuant to subsection 2.7B(iii)(a), Agent and Company shall, if Agent and Company have consented to the assignment evidenced thereby (in each case to the extent such consent is required pursuant to subsection 10.1B(i)), accept such Assignment Agreement by executing a counterpart thereof as provided therein (which acceptance shall evidence any required consent of Agent and Company to such assignment). Agent shall maintain a copy of each Assignment Agreement delivered to and accepted by it as provided in this subsection 10.1B(ii).

Acceptance by Agent. Agent acknowledges its acceptance and willingness to abide by all of the terms and conditions of this Addendum and the Agreement by signing below. All of the terms and conditions in the Agreement and Schedule(s), if any, not amended herein shall remain in full force and effect. This Addendum and the Agreement may only be modified by the written consent of the parties. This Addendum supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties.

Acceptance by Agent. In connection with the issuance and completion of any draft, and the acceptance thereof, Agent shall be entitled to rely on any instructions received from any Responsible Official of Borrower.

Acceptance by Agent. Agent hereby accepts its appointment as ▇▇▇▇▇▇▇▇’s authorized agent for the purposes described in paragraph 3.

Acceptance by Agent. As evidenced by its signature below, Agent hereby agrees to hold, deal with and disburse the Assets at any time delivered to it in connection with this Agreement in accordance with this Agreement.