Contract Designation Clause Samples

Contract Designation. (a) Except as otherwise provided in the Chapter 11 Plan or other agreement or document entered into in connection with the Chapter 11 Plan, as of and subject to the occurrence of the effective date of the Chapter 11 Plan (the “Effective Date”), all Contracts (including, for the avoidance of doubt, any insurance policies and binders that are Transferred Assets and any settlement agreements and leases with respect to real property) related to the Transferred Assets and/or the Business or otherwise used, or held for use, in connection with the Transferred Assets, Assumed Liabilities and/or the Business, in each case excluding any Contracts in relation to the business, assets and properties of the Specified Subsidiaries (each, an “Executory Contract”) shall be deemed Transferred Contracts unless such contract or lease (i) was previously rejected by the Debtors pursuant to a Final Order of the Bankruptcy Court; or (ii) is identified for rejection on the Rejection Schedule (as defined in the Chapter 11 Plan). (b) The Endo Companies previously served the Cure Notice to all counterparties to any Executory Contracts which described the monetary amounts that must be paid and nonmonetary obligations that otherwise must be satisfied, including pursuant to Section 365(b)(1)(A) and (B) of the Bankruptcy Code, in order for the Endo Companies to assume or assume and assign, as applicable, the Transferred Contracts to the Buyers or the Specified Subsidiaries (as applicable) pursuant to this Agreement (“Undisputed Cure Claims”). To the extent a counterparty to an Executory Contract objects or otherwise challenges the Undisputed Cure Claims determined by the Endo Companies and asserts that a different monetary amount must be paid and/or nonmonetary obligations otherwise must be satisfied, including pursuant to Section 365(b)(1)(A) and (B) of the Bankruptcy Code, in order for the Endo Companies to assume or assume and assign, as applicable, such Executory Contract to the applicable Buyer or the Specified Subsidiaries (as applicable) pursuant to this Agreement, the difference between the Undisputed Cure Claims determined by the Endo Companies and such amounts and/or nonmonetary obligations determined by such counterparty shall be referred to as the “Disputed Cure Claims.” The procedures governing Disputed Cure Claims are set forth in Section 7.3 of the Chapter 11 Plan. (c) No later than five (5) Business Days prior to the Effective Date, the Buyers may, in their sole discretio...
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Contract Designation. This contract is designated as a Type (insert in line with HSE Letter of
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Contract Designation. (a) No later than March 31, 2015, Sellers shall deliver to the Buyers a true, correct and complete, to the best of the Sellers’ knowledge, list (the “Executory Contract List”) of all Contracts related to the Transferred Assets or otherwise used, or held for use, in connection with the Business as it is conducted by the Sellers (each, an “Executory Contract”). The Executory Contract List shall describe the monetary amounts that must be paid and nonmonetary obligations that otherwise must be satisfied, including pursuant to Section 365(b)(1)(A) and (B) of the Bankruptcy Code, in order for Buyers to assume the Transferred Contracts pursuant to this Agreement (“Undisputed Cure Claims”). The Sellers will use commercially reasonable efforts to provide the Buyers with copies of each such Contract so as to permit Buyer to review such Contracts to determine such other commercial information related to the Contracts listed thereon as Buyer desires. (b) Subject to the entry of the Sale Procedures Order and to the terms and provisions thereof, no later than the tenth (10th) Business Day following entry of the Sale Procedures Order, a copy of the Executory Contract List, which shall be in form and substance reasonably acceptable to Buyers, shall be served on all necessary parties. The Executory Contract List shall identify the Undisputed Cure Claim, if any, associated with each Contract listed therein, shall identify the Buyers, and shall indicate that the Buyers will, if necessary, provide evidence of adequate assurance of future performance at the Sale Hearing. Any counterparty to an Executory Contract included on the Executory Contract List shall have the time period prescribed by the Sale Procedures Order, or, if no such time period is given, a reasonable amount of time prior to the Auction, to object to the Cure Claims listed on the Executory Contract List and to adequate assurance of future performance. (c) To the extent a counterparty to an Executory Contract objects or otherwise challenges the Undisputed Cure Claims determined by Sellers and asserts a different monetary amount that must be paid and/or nonmonetary obligations that otherwise must be satisfied, including pursuant to Section 365(b)(1)(A) and (B) of the Bankruptcy Code, in order for Buyers to assume such Executory Contract pursuant to this Agreement, the difference between the Undisputed Cure Claims determined by Sellers and such amounts and/or nonmonetary obligations determined by such counterparty...
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Contract Designation. Prior to the Designation Deadline, the Purchaser shall designate each Contract as an Excluded Contract, a Purchased Contract or a Designee Contract. Each of the Sellers hereby appoints Purchaser their agent-in-fact for the sole purpose of allowing Purchaser to continue to operate under the Contracts until such time as Purchaser either designates such Contract as a Purchased Contract or Designee Contract, or designates that it does not want to have such contract assumed and assigned to it or its designee; provided, however, during such period, Purchaser shall be responsible for all obligations arising from or in connection with such Contract(s).
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Contract Designation. This contract is designated as a Sláintecare Public-Only Consultants’ Contract.
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Related to Contract Designation

  • Project Design Applicants must design a project that provides access to health services to enable eligible women and men experiencing health needs to secure and maintain safe and accessible quality screening and diagnostic services, comprehensive family planning, and/ or other women’s health services. A. Applicants are encouraged to emphasize the following components in the design of their projects. Projects must: 1. Use a collaborative approach to maximize existing community resources and avoid duplication of effort; 2. Enhance systems and local processes to make it easier for people to transition to, from, and between services; 3. Address barriers to ensure services are accessible to people regardless of setting or location; and 4. Promote improvement and positively impact health and well-being through coordinated service delivery. B. To be effective, services and activities provided or made available as part of the Proposed Project should have policies and procedures in place and include with the application as an attachment that: 1. Delineate the timely provision of services; 2. Deem Client eligibility and service provision as soon as possible and no later than 30 calendar days from initial request; 3. Require staff to assess and prioritize Client needs; 4. Implement with model fidelity to an evidence-based program or based upon best available research; 5. Plan in partnership with the person and are inclusive; 6. Provide in an environment that is most appropriate and based on a person’s preference including reasonable clinic/reception wait times that are not a barrier to care; 7. Provide referral sources for Clients that cannot be served or receive a specific service; 8. Are culturally and linguistically sensitive; 9. Tailor services to a person’s unique strengths and needs; 10. Manage funds to ensure established Clients continuity of care throughout budget year; 11. Continue to provide services to established Clients after allocated funds are expended; 12. Have processes to identify and eliminate possible barriers to care; 13. Do not deny services due to inability to pay; 14. Have appropriate key personnel and required staff to meet the medical and health needs of Clients; 15. Bill services appropriately and timely through TMHP; 16. Effectively communicate and document information related to health care needs with next steps available to Client; 17. Establish outreach and education plan for the community; and 18. Outline successful delivery of direct clinical services to Clients By submitting an Application under this RFA, the Applicant certifies that Applicant has or will have at time of grant award services, policies, or procedures that conform with the requirements in this section as applicable. HHSC, in its sole discretion, may request to review relevant documentation during the project period as necessary to ensure program fidelity.

  • Series Designation The Series Designation establishing a Series may: (i) specify a name or names under which the business and affairs of such Series may be conducted; (ii) designate, fix and determine the relative rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests of such Series and the Members associated therewith (to the extent such terms differ from those set forth in this Agreement) and (iii) designate or authorize the designation of specific Officers to be associated with such Series. A Series Designation (or any resolution of the Managing Member amending any Series Designation) shall be effective when a duly executed original of the same is included by the Managing Member among the permanent records of the Company, and shall be annexed to, and constitute part of, this Agreement (it being understood and agreed that, upon such effective date, the Series described in such Series Designation shall be deemed to have been established and the Interests of such Series shall be deemed to have been authorized in accordance with the provisions thereof). The Series Designation establishing a Series may set forth specific provisions governing the rights of such Series against a Member associated with such Series who fails to comply with the applicable provisions of this Agreement (including, for the avoidance of doubt, the applicable provisions of such Series Designation). In the event of a conflict between the terms and conditions of this Agreement and a Series Designation, the terms and conditions of the Series Designation shall prevail.

  • Timber Designations Timber designated for cutting shall be confined to Sale Area, except as provided in B2.131, B2.14, B2.15, B2.32, and B5. 1. Sale Area Map

  • Alternate Work Schedule An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.

  • Project Administration Designation Pursuant to Paragraph (B) of Rule 164-1-21 of the Administrative Code, the Recipient shall designate its Chief Executive Officer, Chief Fiscal Officer and Project Manager in Appendix B of this Agreement. Changes in these designations must be made in writing.