Borrower Management Clause Samples

Borrower Management. Borrower may manage the Project itself only with the OCII's prior written approval. OCII will provide written notice to Borrower of any determination that Borrower has failed to operate and manage the Project in accordance with this Agreement, in which case, OCII may require Borrower to contract or cause contracting with a management agent to operate the Project, or to make other arrangements OCII deems necessary to ensure performance of the functions required in Section 8.1(a).
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Borrower Management. Borrower has advised the Bank that it has appointed a “Crisis Manager” for the Borrower. The Borrower agrees that it will maintain the engagement of a Crisis Manager during the Forbearance Period, which Crisis Manager shall provide and maintain direct responsibility for the following: The Crisis Manager shall submit to the Bank by 10:00 a.m. each Thursday during the Forbearance Period, a verbal report on the status, progress and terms of refinancing the indebtedness owed to the Lender and the condition of Borrower. The Borrower shall permit the Crisis Manager access at all times to all information of the Borrower, whether financial in nature or otherwise, necessary for the Crisis Manager to perform its duties hereunder and under its terms of engagement by the Borrower.
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Borrower Management. Borrower may manage the Project itself only with the City's prior written approval. The City will provide written notice to Borrower of any determination that ▇▇▇▇▇▇▇▇ has failed to operate and manage the Project in accordance with this Agreement, in which case, the City may require Borrower to contract or cause contracting with a management agent to operate the Project, or to make other arrangements the City deems necessary to ensure performance of the functions required in Section 8.1(a).
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Borrower Management. No later than September 15, 2000, the Borrower shall duly appoint a "Crisis Manager" for the Borrower, reasonably acceptable in all respects to the Bank, under terms of engagement reasonably acceptable to the Bank, which Crisis Manager shall provide and maintain direct responsibility for the following: (a) The Crisis Manager shall develop a plan of orderly liquidation for the Borrower (the "Orderly Plan") which shall be acceptable to the Bank in all respects and which shall be duly approved by majority consent of the Board of Directors of the Borrower no later than October 13, 2000. The Orderly Plan shall be provided to the Bank no later than October 13, 2000, and shall include, but not be limited to (i) a plan for the orderly sale and liquidation of the Borrower's assets, including, but not limited to, parts and raw materials inventory, finished goods inventory, accounts receivable, equipment and real estate, (ii) the marketing and sale of all Borrower patents and technology, (iii) the cessation of the Borrower's business and affairs and the winding up thereof, and (iv) the payment o f the Borrower's indebtedness. (b) The Crisis Manager shall submit to the Bank by 10:00 a.m. each Tuesday during the term hereof, a written compliance certificate (acceptable in form to Crisis Manager and Bank) (i) confirming that the weekly Borrowing Base Certificate for the Borrower is true and correct, that the Borrowing Base Shortfall is no greater than as provided in Section 4 herein during the time periods described in Section 4, and that the Borrower has not exceeded the expenditures set forth in the Budget, all to the best of the Crisis Manager's knowledge and belief (ii) the status, progress and terms of the recapitalization of the Borrower by Taglich Brothers, Inc. ("Taglich") as described in Section 12 below, and (iii) providing that, to the best of the Crisis Manager's knowledge and belief, Borrower is not in default hereunder. (c) The Crisis Manager shall review and monitor all cash expenditures necessary to implement and carry out the Orderly Plan during the Forbearance Period; provided, however, if the Forbearance Period is terminated by the Bank hereunder and the Orderly Plan is implemented, the Crisis Manager shall review and approve all cash expenditures. The Crisis Manager's terms, conditions and compensation shall be subject to reasonable modification at the request of Crisis Manager if and when the Orderly Plan is implemented. (d) The Crisis Manager shall...
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Related to Borrower Management

  • Utilization Management Contractor shall maintain a utilization management program that complies with applicable laws, rules and regulations, including Health and Safety Code § 1367.01 and other requirements established by the applicable State Regulators responsible for oversight of Contractor.

  • Traffic Management 9.2.1 During the Operating Period, Developer shall be responsible for the general management of traffic on the Project. Developer shall manage traffic so as to preserve and protect safety of traffic on the Project and Related Transportation Facilities and, to the maximum extent practicable, to avoid disruption, interruption or other adverse effects on traffic flow, throughput or level of service on the Project and Related Transportation Facilities. Developer shall conduct traffic management in accordance with all applicable Technical Provisions, Technical Documents, Laws and Governmental Approvals, and in accordance with the Traffic Management Plan. 9.2.2 Developer shall prepare and submit to TxDOT and the Independent Engineer for TxDOT approval a Traffic Management Plan for managing traffic on the Project and Related Transportation Facilities after the commencement of traffic operations on any portion of the Project, addressing (a) orderly and safe movement and diversion of traffic on Related Transportation Facilities during Project construction, (b) orderly and safe movement of traffic on the Project and (c) orderly and safe diversion of traffic on the Project and Related Transportation Facilities necessary in connection with field maintenance and repair work or Renewal Work or in response to Incidents, Emergencies and lane closures. Developer shall prepare the Traffic Management Plan according to the schedule set forth in the Technical Provisions. The Traffic Management Plan shall comply with the Technical Provisions and Technical Documents concerning traffic management and traffic operations. Developer shall carry out all traffic management during the Term in accordance with the approved Traffic Management Plan. 9.2.3 Developer shall implement the Traffic Management Plan to promote safe and efficient operation of the Project and Related Transportation Facilities at all times during the course of any construction or operation of the Project and during the Utility Adjustment Work. 9.2.4 TxDOT shall have at all times, without obligation or liability to Developer, the right 9.2.4.1 Issue Directive Letters to Developer regarding traffic management 9.2.4.2 Provide on the Project, via message signs or other means consistent with Good Industry Practice, non-Discriminatory traveler and driver information, and other public information (e.g. amber alerts), provided that the means to disseminate such information does not materially interfere with the functioning of the ETCS.

  • Information Management Information and Records

  • Case Management Prompt resolution of any dispute is important to both parties; and the parties agree that the arbitration of any dispute shall be conducted expeditiously. The arbitrators are instructed and directed to assume case management initiative and control over the arbitration process (including scheduling of events, pre-hearing discovery and activities, and the conduct of the hearing), in order to complete the arbitration as expeditiously as is reasonably practical for obtaining a just resolution of the dispute.

  • Stormwater Management a) The Owner AGREES to implement the requirements incorporated in the Draft Plan Conditions attached as Schedule “F” and any reports submitted to Kawartha Region Conservation Authority and the City pertaining to: i) pre and post development run-off flows and water balance calculations, and the intended means of conveying stormwater flow from each Lot, Block and the entire proposed Plan of Subdivision; ii) the anticipated impact of the Plan of Subdivision on water quality and phosphorus control, as it relates to fish and fish habitat once adequate protective measures have been taken; iii) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction; iv) the site soil conditions, including grain size distribution profiles; v) a site grading plan. b) The Owner AGREES to erect and maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to Kawartha Region Conservation Authority and the City. c) Prior to the execution of this Agreement, the Owner AGREES to confirm to the City that Conservation Authority has reviewed and approved the stormwater management report and plan, erosion and sedimentation plan, and final Lot Grading Plans as required under this Section. a) UPGRADES TO EXISTING STORM SEWER b) UPGRADES TO EXISTING SANITARY SEWER