Confirmation and Agreement Sample Clauses
The 'Confirmation and Agreement' clause serves to formally acknowledge that all parties have read, understood, and consented to the terms outlined in the contract. Typically, this clause requires each party to sign or otherwise indicate their acceptance, ensuring that there is clear evidence of mutual assent. Its core practical function is to prevent disputes over whether the parties agreed to the contract, thereby providing legal certainty and enforceability.
Confirmation and Agreement. 4.1 I will not share my Login name or password or allow others to use my account. 4.2 I understand that I am responsible for all activities recorded against my account. 4.3 I have read and understood this user agreement, and the terms & conditions, under which access to WYPF secure administration is granted. 4.4 I understand that WYPF may revoke my access to WYPF secure administration if I fail to comply with this Acceptable Use Policy. 4.5 I understand that upon leaving employment I must inform ▇▇▇▇ that I am leaving so that they can deactivate my account. 4.6
Confirmation and Agreement. Borrower and Depository Bank, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depository Agreement:
(i) Each Collateral Account is and will be maintained as a “deposit account” (as defined in Section 9-102(a)(29) of the UCC).
(ii) Collateral Agent is the “customer” (as referred to in UCC Section 9-104(a)(3)) with respect to the Collateral Accounts and as such shall be entitled to all the rights that customers of banks have under applicable law with respect to deposit accounts, including the right to withdraw funds from, or close, the Collateral Accounts, but, in each case, in compliance with the requirements of this Depository Agreement.
(iii) All property delivered or transferred to the Depository Bank pursuant to this Depository Agreement for credit to a particular Collateral Account will be promptly, and in any event not later than the second Business Day following receipt, credited by Depository Bank to the applicable Collateral Account.
(iv) All property credited to any Collateral Account shall be registered in the name of, payable to or to the order of, or specially endorsed to, Depository Bank (or its nominee) or in blank or be accompanied by duly executed instruments of transfer or assignment, and in no case whatsoever shall any property credited to any Collateral Account be registered in the name of Borrower, be payable to, or to the order of, Borrower or be specially endorsed to, the Borrower except to the extent the foregoing have been subsequently endorsed to Depository Bank or in blank. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
(v) Each Collateral Account shall be deemed to be a “deposit account” (as defined in Section 9‑102(a)(29) of the UCC) in respect of any property deposited in or credited thereto. Depository Bank will comply with written instructions originated by the Collateral Agent directing disposition of the funds in the Collateral Account without further consent by the Borrower.
(vi) The “bank’s jurisdiction” (within the meaning of Section 9-304(b) of the UCC) of the Depository Bank shall be the State of New York.
(vii) Depository Bank represents and warrants to the Collateral Agent that it has not entered into any currently effective agreement with any person under which De...
Confirmation and Agreement. HOST, COMPANY AND PROVIDER CONFIRMS THE FOLLOWING MATTERS FOR THE BENEFIT OF KEY WITH RESPECT TO THE SOLAR PROJECT DOCUMENTS AND THE SYSTEMS:
a. To Host’s, Company’s or Provider’s respective knowledge, there exists no default or event or condition that would, with the giving of notice or lapse of time, constitute a default under the Solar Project Documents, and each of Company and Host has fulfilled all of its respective obligations under the Solar Project Documents to the extent such obligations are required to be performed as of the date hereof.
b. Town of South Windsor owns the Site for the benefit of Host. Host acknowledges and agrees that the Site specifications in Exhibit B are correct. Host confirms that it has an interest in the Site, pursuant to that deed with Owner and such interest is sufficient for Host to fulfill its obligations under the Solar Project Documents.
Confirmation and Agreement. The Depositary Bank acknowledges, confirms and agrees that (i) the Depositary Bank has established the Project Accounts as set forth in Section 3.01, (ii) each Project Account is a securities account, (iii) the Company is the entitlement holder of the Project Accounts other than the Pre-Funding Account, which shall be held in the name of the Collateral Agent, (iv) all cash and other property delivered to the Depositary Bank pursuant to this Agreement or the other Security Documents will be promptly credited to a Project Account, (v) all securities in registered form or payable to, or to order of a person, and credited to any Project Account shall be registered in the name of, payable to or to the order of, or specially indorsed to, the Depositary Bank or in blank, or credited to another securities account maintained in the name of the Depositary Bank, and in no case will any securities credited to any Project Account be registered in the name of, payable to or to the order of, or specially indorsed to, the Company except to the extent the foregoing have been specially indorsed by the Company to the Depositary Bank or in blank, (vi) the Depositary Bank shall promptly comply with all instructions of the Collateral Agent and, to the limited extent set forth in Section 2.03, the Company in connection with the transfer or withdrawal of amounts in the Project Accounts and (vii) the Depositary Bank shall not change the name or account number of any Project Account without the prior written consent of the Collateral Agent and at least 5 Business Days prior notice to the Company.
Confirmation and Agreement. Borrower, each Guarantor and Depositary Agent, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depositary Agreement:
Confirmation and Agreement. By executing and delivering this Agreement, (a) Assignor and Assignee confirm to and agree with each other and the other parties to the Loan Agreement as follows: (i) Assignor makes no representation or warranty (except as provided in Section 7.1 of this Agreement) and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Loan Agreement or any other Loan Document or the execution, legality, validity, enforceability, genuineness, sufficiency, collectibility or value of this Agreement, the Loan Agreement, the Assignor Note or any other Loan Document; and (ii) Assignor makes no representations or warranties and assumes no responsibility with respect to the financial condition of Borrowers or of Guarantor or the performance or observance by Borrowers or Guarantor of any of their respective obligations under the Loan Agreement, any other Loan Document or any other instrument or document furnished pursuant thereto; (b) Assignee confirms that it has received a copy of the Loan Agreement and other Loan Documents, together with such other documents and information as Assignee has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (c) Assignee confirms that it has made, independently and without reliance upon the Agent, Assignor or any other Lender or, except as provided in Section 7.1 of this Agreement, any representations or warranties made by the foregoing and based on such documents and information as Assignee shall deem appropriate at the time, and Assignee shall continue to make, its own credit decisions in entering into this Agreement and taking or not taking any action hereunder or under the Loan Agreement or any other Loan Document; and (d) Assignee appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Agreement as are delegated to Agent by the terms thereof, together with such powers as are reasonably incidental thereto.
Confirmation and Agreement. Institution: Lancaster University / Department: Admissions and Outreach Address: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ Contact: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Outreach Operations Manager
Confirmation and Agreement. The Pledgor hereby represents and warrants to, and agrees with, the Custodian as follows:
Confirmation and Agreement. The Confirmation and Agreement dated August 30, 2005, reference numbers 679981 and 679986, evidencing the Corridor Contract.
Confirmation and Agreement. Consistent with Section 2(c) of the Ownership Agreement, the Parties hereby confirm and agree as follows:
(a) subject to the provisions of the Ownership Agreement, each Party holds a fifteen percent (15%) Project Share in the Project;
(b) subject to the provisions of this Agreement and the Ownership Agreement, each Party shall be (i) entitled to schedule and take an amount of generation from the Project up to but not to exceed such Parties' respective Project Shares of Net Generating Capability and (ii) obligated to take or otherwise dispose of a percentage of the minimum energy production from the Project in accordance with such Party's Project Share in the Project and Section 13(d) of the Ownership Agreement irrespective of whether a particular cost is specific to Unit ▇ ▇▇ ▇▇▇▇ ▇; ▇▇d
(c) except for (i) charges payable by the Parties pursuant to Section 12 of the Ownership Agreement, (ii) coal transportation charges payable by the Parties pursuant to the Coal Transportation Agreement, and (iii) other Costs of Operation the Project Users pay based on each Project User's allocation of generation (e.g., lime and diesel fuel), the Parties shall be responsible for their respective Project Shares of Costs of Operation and Costs of Construction irrespective of whether a particular cost is specific to Unit 3 or Unit 4.