Capability to Perform Sample Clauses

POPULAR SAMPLE Copied 5 times
Capability to Perform. The Servicer has the knowledge, the experience and the systems, financial and operational capacity available to timely perform each of its obligations under the Premium Receivable Servicing Agreement.
View SourceView Similar (2)
Capability to Perform. As of the Closing Date Purchaser will have available (either in immediately available cash or from available unused lines of credit or third party financing, or a combination thereof) funds sufficient to pay the Purchase Price payable pursuant to Section 2.3 and Section 2.4, and to consummate the transactions contemplated hereby.
View SourceView Similar (3)
Capability to Perform. DISTRIBUTOR shall maintain the financial capability to perform the Distribution Agreement and shall, at its own expense, establish and maintain a sales, marketing and distribution, and service organization, and employ personnel in sufficient number of adequately and effectively sell ASTC Products in the Territory, including the appointment of a Product Manager who shall be responsible for the sale and promotion of ASTC products, as well as for training of DISTRIBUTOR's sales representatives in the sale and promotion of ASTC Products.
View SourceView Similar (3)
Capability to Perform. That: (i) it is capable in all respects of providing all Services in accordance with the requirements of this Agreement; (ii) it understands the nature, location, and scope of Services to be performed hereunder; (iii) as of the Effective Date, there is no pending or threatened outstanding litigation, arbitrated matter, or other dispute to which Consultant is a party, that, if decided unfavorably to Consultant, could reasonably be expected to have a potential or actual material adverse effect on Consultant’s ability to fulfill its obligations hereunder, and that Consultant knows of no basis that might give rise to any such litigation, arbitration, or other dispute in the foreseeable future. Upon becoming aware of any such basis, Consultant shall promptly notify Owner.
View Source
Capability to Perform. 6.2.4.1 Ability to complete work within required time. Availability and continuity of staff during course of the project. 6.2.4.2 This section shall include a brief description of the Proposer and Subcontractor’s qualifications and previous experience on similar or related projects. Description of pertinent project experience shall include a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references (provide References in Attachment F). Give a brief statement of the firm’s adherence to the schedule and budget for each project. 6.2.4.3 Selecting a financially viable partner is critical to the District. Please submit financial statements certified by a reputable accounting firm as accurately presenting the financial position of your company in accordance with generally accepted accounting principles. Proposer shall demonstrate a Standard & Poor’s long-term credit rating of A or above for the last five (5) years, at a minimum.
View Source
Capability to Perform. Provider is capable of and will perform its obligations hereunder and under each Order within the time limits and periods applicable thereto.
View SourceView Similar (3)
Capability to Perform. A copy of price list from award or subsequent modification that Transferee will use If the Transferee is planning to use a different price list, submit two copies of the new commercial catalog/price list Certification that no change has occurred in the commercial sales practices since the original award or subsequent modification, or Complete and submit a Commercial Sales Practices Format if the commercial sales practices of the transferee are different from those of the transferor If the Transferee is a large business, a commercial subcontracting plan must be submitted with the novation documents. The contract will not be novated without an approved subcontracting plan. Subcontracting plan template is available in Attachment 13 to the solicitation. (You may not have all of these documents, but each must be addressed) 3 signed originals of the Change-of-Name Agreement A sample is provided below in Clause 42.1205 If the incorporating State does not require a corporate seal, include a statement to that effect on a separate page Authenticated document by the State effecting the name change The effective date of the transfer from this document should be reflected in the Change-of-Name Agreement paragraph (a)(2) and in the attorney opinion letter. Attorney opinion letters Must include a statement that the transfer was properly affected under the applicable state law Must state the effective date of the transfer List of contracts affected. Must reflect: Contract Number and type Name and address of contracting office Total dollar value Approximate unpaid balance 42.1200 Scope of subpart. This subpart prescribes policies and procedures for—
View Source
Capability to Perform. HSD warrants that it is financially capable of fulfilling all requirements of this Agreement, is appropriately staffed to fulfill its obligations under this Agreement and the Support and Implementation Agreements and that HSD is a validly organized entity authorized to enter into the Agreement.
View Source

Related to Capability to Perform

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Financial Ability to Perform Purchaser affirms that is it not a condition to the Closing or to any of its other obligations under this Agreement that Purchaser obtain financing for, or related to, any of the transactions contemplated by this Agreement. Purchaser has delivered to the Seller true, complete and correct copies of the executed commitment letter, dated as of the date hereof, among Purchaser, the Guarantor and the other parties thereto (including all exhibits, schedules and annexes thereto, the “Equity Commitment Letter”), pursuant to which the Guarantor has committed, subject to the terms and conditions set forth therein, to invest cash in the aggregate amount set forth therein (the “Equity Financing”). The Equity Commitment Letter provides that the Seller is a third-party beneficiary thereto. The Equity Commitment Letter has not been amended, supplemented or modified prior to the date of this Agreement, no such amendment, supplement or modification is contemplated or pending, and as of the date of this Agreement, the commitments contained in the Equity Commitment Letter have not been withdrawn, terminated or rescinded in any respect and no such withdrawal, termination or rescission is contemplated. There are no side letters or Contracts to which Purchaser is a party related to the provision, funding or investing, as applicable, of the Equity Financing or the transactions contemplated hereby other than as expressly set forth in the Equity Commitment Letters delivered to the Seller prior to the date hereof. Purchaser has fully paid any and all commitment fees or other fees in connection with the Equity Commitment Letter that are payable on or prior to the date hereof and Purchaser will, directly or indirectly, continue to pay in full any such amounts required to be paid as and when they become due and payable on or prior to the Closing Date. The Equity Commitment Letter is in full force and effect and is the legal, valid, binding and enforceable obligations of Purchaser and, to the knowledge of Purchaser, each of the other parties thereto, subject to the Enforceability Exceptions, and Purchaser is not aware of any fact or occurrence that would or would reasonably be expected to make any of the assumptions or any of the statements set forth in the Equity Commitment Letter inaccurate or that would or would reasonably be expected to cause the Equity Commitment Letter to be ineffective. There are no conditions or other contingencies related to the provision, funding or investing of the full amount of the Equity Financing, other than as expressly set forth in the Equity Commitment Letter. No event has occurred which, with or without notice, lapse of time or both, would or would reasonably be expected to (a) constitute a default or breach on the part of Purchaser or, to the knowledge of Purchaser, any other party thereto under any of the Equity Commitment Letter, (b) constitute a failure to satisfy a condition on the part of Purchaser or any other party thereto under the Equity Commitment Letter or (c) result in any portion of the amounts to be provided, funded or invested in accordance with the Equity Commitment Letter being unavailable on the Closing Date. Purchaser has no reason to believe that any of the conditions to the Equity Financing contemplated by the Equity Commitment Letter will not be satisfied or that the full amount of the Equity Financing will not be made available to Purchaser in full on the Closing Date, and, Purchaser is not aware of the existence of any fact or event that would or would reasonably be expected to cause such conditions to the Equity Financing not to be satisfied or the full amount of the Equity Financing not to be made available to Purchaser in full on the Closing Date. Assuming the Equity Financing is funded and/or invested in accordance with the Equity Commitment Letter, Purchaser will have on the Closing Date funds sufficient to (i) pay the aggregate Closing Purchase Price under Article II, (ii) pay any and all fees and expenses required to be paid by Purchaser at the Closing in connection with the transactions contemplated by this Agreement and the Equity Financing, (iii) pay for any refinancing of any outstanding indebtedness of the Purchased Entities or the Business contemplated by this Agreement and (iv) satisfy all of the other payment obligations of Purchaser contemplated hereunder to be paid at the Closing (clauses (i) through (iv), the “Financing Uses”). Purchaser affirms that it is not a condition to the Closing or any of its other obligations under this Agreement that Purchaser obtain the Equity Financing or any other financing for or related to any of the transactions contemplated hereby.

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Warranty of Ability to Perform Upon the effective date of the Term Contract, and each year on the anniversary date of the Term Contract, the Contractor shall submit to the Department a completed PUR 7801, Vendor Certification Form. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Term Contract obligations. Additionally, the Contractor shall promptly notify the Department in writing if its ability to perform is compromised in any manner during the term of the Term Contract (including potential inability to renew the Term Contract due to section 287.138 or 908.111, F.S.) or if it or its suppliers, subcontractors, or consultants under the Term Contract are placed on the Suspended Vendor, Convicted Vendor, Discriminatory Vendor, Forced Labor Vendor, or Antitrust Violator Vendor Lists. The Contractor shall use commercially reasonable efforts to avoid or minimize any delays in performance and shall inform the Department of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor shall promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay.