Confirmation and acknowledgement Sample Clauses
Confirmation and acknowledgement. The Company hereby confirms and acknowledges that each of the Overall Coordinators has:
10.10.1 engaged the Company at various stages during the offering process to understand the Company’s preferences and objectives with respect to pricing and the desired shareholder or investor base;
10.10.2 explained the basis of its advice and recommendations to the Company including any advantages and disadvantages, including but not limited to communicating its allocation policy to the Company, and that the Company confirms that it fully understands the factors underlying the allocation recommendations;
10.10.3 advised the Company in a timely manner, throughout the period of engagement, of key factors for consideration and how these could influence the pricing outcome, allocation and future shareholder or investor base;
10.10.4 advised the Company on the information that should be provided to syndicate CMIs to enable them to meet their obligations and responsibilities under the Code, including information about the Company to facilitate a reasonable assessment of the Company required under the Code;
10.10.5 provided guidance to the Company on the market’s practice on the ratio of fixed and discretionary fees to be paid to syndicate CMIs participating in an IPO, which is currently around 75% fixed and 25% discretionary;
10.10.6 advised and guided the Company and its Directors as to their responsibilities under the rules, regulations and requirements of the CSRC, the Stock Exchange, the SFC and any other Authority which apply to placing activities including the Global Offering, and that the Company and its Directors fully understand and undertake to Joint Sponsors, the Underwriting Parties and the International Underwriters that they have met or will meet these responsibilities; and
10.10.7 where the Company decided not to adopt the Overall Coordinators’ advice or recommendations in relation to pricing or allocation of H Shares, or its decisions may lead to a lack of open market, an inadequate spread of investors or may negatively affect the orderly and fair trading of such H Shares in the secondary market, explained the potential concerns and advised the Company against making these decisions.
Confirmation and acknowledgement. This CONFIRMATION AND ACKNOWLEDGEMENT (“Confirmation”), is executed and delivered by CSRA Inc. (f/k/a Computer Sciences Government Services Inc.), a Nevada corporation (the “Guarantor”).
Confirmation and acknowledgement. Each of the Borrowers, Parent, and Consolidated Industries hereby reaffirms and confirms, as applicable, its respective obligations under the Management Fee Subordination Agreement, as modified by this Reaffirmation and Joinder. The execution, delivery, and effectiveness of this Reaffirmation and Joinder shall not operate as a waiver of any power, remedy, or right of any Agent or any Lender, or constitute a waiver of any provision of, or any past or future noncompliance with, any of the Loan Documents or any other documents, instruments, and agreements executed or delivered in connection therewith, and shall not operate as a consent to any further or other matter under the Loan Documents. Each of the Borrowers, Parent, and Consolidated Industries expressly agrees and understands that by entering into and performing its obligations hereunder, this Reaffirmation and Joinder shall not constitute a novation, and shall in no way adversely affect or impair the priority of Liens of the Collateral Agent on the Collateral.
Confirmation and acknowledgement. 5.1 Each party confirms that, except as provided for in clause 3, no other amendments are to be made to the NGTF Research Contract.
5.2 If there is a conflict between this deed and the NGTF Research Contract (before the amendment under this deed), the terms of this deed prevail.
5.3 The parties’ accrued rights and obligations under the NGTF Research Contract are not affected by the amendment of the NGTF Research Contract under this deed. [Note to drafters: If a new CSS being incorporated into the contract under this amending deed involves a change in the ownership of IP, an assignment of the IP will be required. The assignment may be incorporated into this amending deed or may be effected under a separate assignment deed. Drafters should give careful consideration to the consequences of changing ownership of IP including whether stamp duty is payable. Specialist legal advice should be obtained for an appropriate assignment clause.] Signed, sealed and delivered, for and on behalf of the Commonwealth of Australia, as represented by the Department of Defence by Signed, sealed and delivered, by [insert name of Participant] in accordance with section 127(1) of the Corporations Act 2001 by authority of its directors: Participant may provide alternative execution block for approval by Defence if section 127 execution does not apply or is impracticable Signature Signature of director Print name and position Print name of director Date Date In the presence of: Signature of witness Signature of director/company secretary (delete whichever is inapplicable) Print name and position Print name of director/company secretary (delete whichever is inapplicable) Date Date [insert, as per options 1, 2 or 3 in clause 4 of this deed] (see NGTF Research Contract clause 24.4) (see NGTF Research Contract clause 25.5) Details Date of this deed: [insert date that this deed poll is executed by the Confidant] NGTF Research Contract No: [insert NGTF Research Contract No and Date] (in this deed referred to as the NGTF Research Contract) [insert name of Confidant] ABN [insert ABN] (in this deed referred to as Confidant) represented by the Department of Defence ABN 68 ▇▇▇ ▇▇▇ ▇▇▇ (in this deed referred to as Defence) [ ABN [insert ABN] ] (in this deed referred to as Participant) insert name of Participant Information Owner: Defence/Participant* *Delete whichever is not applicable Defence’s Representative: [insert name and title] [insert address] [insert email address] Participant’s Repres...
Confirmation and acknowledgement. 4.1 Each party confirms that, except as provided for in clause 3, no other amendments are to be made to the Innovation Contract.
4.2 If there is a conflict between this deed and the Innovation Contract (before the amendment under this deed), the terms of this deed prevail.
Confirmation and acknowledgement. This user agreement ("User Agreement") governs your access to and use of this Online Platform or App and the Materials and constitutes a binding agreement between you and Hello Verify. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Online Platform or App or any Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement. PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS ONLINE PLATFORM OR APP OR ANY WEBSITE/APP MATERIALS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING ▇▇▇.▇▇▇▇▇▇.▇▇ OR ANY WEBSITE MATERIALS OR ONLINE PLATFORM OR APP, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
A. YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
B. YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN HELLO VERIFY AND YOU OR YOUR ENTITY, AS APPLICABLE; AND
C. IF ACCESSING, USING OR BROWSING THIS ONLINE PLATFORM OR APP ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR ONLINE PLATFORM OR APP; HELLO VERIFY DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS ONLINE PLATFORM OR APP OR THE MATERIALS CONTAINED THEREIN.
D. THE AGREEMENT IS PUBLISHED IN COMPLIANCE OF, AND IS GOVERNED BY THE PROVISIONS OF THE INDIAN LAW, INCLUDING BUT NOT LIMITED TO:
a. THE INDIAN CONTRACT ACT, 1872
b. THE (INDIAN) INFORMATION TECHNOLOGY ACT, 2000
c. THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER, INCLUDING THE (INDIAN) INFORMATION TECHNLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011 ("SPI RULES"), AND THE (INDIAN) INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 ("IG RULES").
d. THE CONSTITUTION OF INDIA:
i. ARTICLE 19 (1) (A) FREEDOM OF SPEECH AND EXPRESSION.
Confirmation and acknowledgement. The Grantor hereby reaffirms and confirms its respective obligations under the Trademark Security Agreement, as modified by this Reaffirmation. The execution, delivery, and effectiveness of this Reaffirmation shall not operate as a waiver of any power, remedy, or right of any Agent or any Lender, or constitute a waiver of any provision of, or any past or future noncompliance with, any of the Loan Documents or any other documents, instruments, and agreements executed or delivered in connection therewith, and shall not operate as a consent to any further or other matter under the Loan Documents. The Grantor expressly agrees and understands that by entering into and performing its obligations hereunder, this Reaffirmation shall not constitute a novation, and shall in no way adversely affect or impair the priority of Liens of the Collateral Agent on the Collateral.
Confirmation and acknowledgement of the Obligations; ---------------------------------------------------- Release. -------
(A) The Borrower hereby (i) confirms and acknowledges to the Administrative Agent and the Lenders that it is validly and justly indebted to the Administrative Agent and the Lenders for the payment of all Obligations without offset, defense, cause of action or counterclaim of any kind or nature whatsoever and (ii) reaffirms and admits the validity and enforceability of the Credit Agreement and the Fundamental Documents and the Liens in the Collateral and the Real Property Assets which were granted pursuant to the Fundamental Documents or otherwise. Subject to Section 7(B) hereof, each the Credit Parties, on its own behalf and on behalf of its successors and assigns, hereby waives, releases and discharges the Administrative Agent and each Lender and all of the affiliates of the Administrative Agent and each Lender, and all of the directors, officers, employees, attorneys, agents, successors and assigns of the Administrative Agent, each Lender and such affiliates, from any and all claims, demands, actions or causes of action (known and unknown) arising out of or in any way relating to the Fundamental Documents and any documents, agreements, dealings or other matters connected with any of the Fundamental Documents, in each case to the extent arising (x) on or prior to the date hereof or (y) out of, or relating to, actions, dealings or matters occurring on or prior to the date hereof. The waivers, releases, and discharges in this Section 7 shall be effective regardless of whether the conditions to this Amendment and Waiver are satisfied and regardless of any other event that may occur or not occur after the date hereof.
(B) Notwithstanding anything to the contrary contained in Sections 7(A) or 14(B) of this Waiver and Amendment, none of the Credit Parties releases any claim or waives defense which it has asserted in the litigation pending on the Effective Date in the Jefferson, Kentucky Circuit Court, Division
Confirmation and acknowledgement. This CONFIRMATION AND ACKNOWLEDGEMENT, dated as of October 31, 2019 (this “Confirmation”), is executed and delivered by PERSPECTA INC. (formerly known as Ultra SC Inc.), a Nevada corporation (the “Guarantor”).
Confirmation and acknowledgement. (a) The Borrower confirms that except for the amendments and waivers provided for in paragraph 2 (Cancellation of Available Commitment) and paragraph 3 (Commitment Fee) of this Cancellation Notice, no other amendments or waivers are to be made to the Facility Agreement or any other Finance Documents by this Cancellation Notice.
(b) The Borrower confirms that, the Facility Agreement and each other Finance Document to which any Obligor is a party and their respective obligations thereunder, continue to be in full force and effect (subject to the waivers and consent pursuant to this Cancellation Notice) and are and continue to be binding on the parties thereto in all respects.
(c) For the avoidance of doubt, it is hereby agreed and declared that, save for the amendments and waivers contemplated in this Cancellation Notice, nothing herein contained shall affect any right or obligation of any Obligor or the Lender which may have arisen prior to the date hereof under the terms of the Facility Agreement.