Establishment and Use Clause Samples

Establishment and Use. Choose the appropriate version of (i): (i) Lender acknowledges that Borrower has established the Repair Escrow Fund by depositing the amount of the Repair Escrow Deposit with Lender. (i) Upon the occurrence of one or more conditions specified in Section 3(b) and/or 3(c) below, Lender may require Borrower to establish a Repair Escrow Fund. (ii) Borrower and Lender agree that Lender will hold all moneys deposited into the Repair Escrow Fund in an interest bearing account if Lender estimates that the Repairs will require longer than ninety (90) days to complete. Lender will not be required to hold the Repair Escrow Deposit in an interest bearing account if the Repairs are required to be completed in ninety (90) days or less. Any interest earned on such moneys will be added to the principal balance of the Repair Escrow Fund and disbursed in accordance with the provisions of this Agreement. Lender will be entitled to deduct from the Repair Escrow Fund a one- time fee in the amount of Dollars ($ ) for establishing the Repair Escrow Fund. Lender will not be responsible for any losses resulting from investment of moneys in the Repair Escrow Fund or for obtaining any specific level or percentage of earnings on such investment. (iii) The Repair Escrow Deposit will, except as otherwise stated in this Agreement, be used for the purpose of paying, or reimbursing Borrower for, the costs of the Repairs.
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Establishment and Use. (i) Lender acknowledges that Borrower has established the Repair Escrow Fund by depositing the amount of the Repair Escrow Deposit with Lender. (ii) Borrower acknowledges that Lender will deposit the Repair Escrow Fund in an Eligible Account at an Eligible Institution or will invest the Repair Escrow Fund in “permitted investments” as then defined and required by the Rating Agencies, and, unless applicable law requires, Lender will not be required to pay Borrower any interest, earnings or profits on the Repair Escrow Fund. Lender will be entitled to deduct from the Repair Escrow Fund a one-time fee in the amount $ for establishing the Repair Escrow Fund. (iii) The Repair Escrow Deposit will, except as otherwise stated in this Agreement, be used for the purpose of paying, or reimbursing Borrower for, the costs of the Repairs.
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Establishment and Use. At the direction of the Officers, on or before the Effective Date, the Manager shall establish and maintain one or more bank accounts in the name of the Company and any Company Subsidiary, and may collect and deposit funds into any such account, and disburse funds from such accounts (including, without limitation, for reimbursement of payments to which the Manager is entitled) subject to the terms and conditions of this Agreement and such additional terms and conditions as the Officers may establish consistent with this Agreement. The Manager shall from time to time render appropriate accountings of such collections and payments to the Officers and, upon request of the Officers, to the Auditors.
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Establishment and Use. At the direction of the Board, on or --------------------- before the Effective Date, ▇▇▇. ▇▇▇▇▇▇ shall establish and maintain one or more bank accounts in the name of TCBY and any subsidiary thereof, and may collect and deposit funds into any such account, and disburse funds from such accounts (including, without limitation, for reimbursement of payments to which ▇▇▇. ▇▇▇▇▇▇ is entitled) subject to the terms and conditions of this Agreement and such additional terms and conditions as the Board may establish consistent with this Agreement. ▇▇▇. ▇▇▇▇▇▇ shall from time to time render appropriate accountings of such collections and payments to the Board and, upon request of the Board, to the Auditors.
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Related to Establishment and Use

  • Access and Use Grantee agrees to license or otherwise make available to MassCEC in perpetuity, without charge, ▇▇▇▇▇▇▇’s interest in and copyright (if any) to all non-confidential materials prepared and produced in relation to the Project, including, without limitation, all plans, specifications, and analyses developed in connection with the Project and specified as being for MassCEC’s use and public dissemination; provided, however, that any and all inventions that are conceived or first reduced to use during the course of the Project shall be the sole property of Grantee (except that if jointly invented, title shall flow in accordance with United States patent law), and any licensing requests for such inventions shall be subject to good faith negotiations between the Parties. Grantee represents and warrants that Deliverables will not infringe on any copyright, right of privacy, or personal or proprietary rights of others.

  • Operation and Use So long as the Aircraft, Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not operate, use or locate the Aircraft, Airframe or any Engine, or allow the Aircraft, Airframe or any Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 4.06, except in the case of a requisition by the U.S. Government where the Owner obtains indemnity in lieu of such insurance from the U.S. Government, or insurance from the U.S. Government, against substantially the same risks and for at least the amounts of the insurance required by Section 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 4.06 by war risk insurance, or in either case unless the Aircraft, the Airframe or any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as Owner diligently and in good faith proceeds to remove the Aircraft from such area. So long as the Aircraft, the Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not permit such Aircraft, Airframe or any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law binding on or applicable to such Aircraft, Airframe or Engine or (y) in violation of any airworthiness certificate, license or registration of any Government Entity relating to the Aircraft, the Airframe or any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by Owner or Permitted Lessee in any reasonable manner which does not involve any material risk of the sale, forfeiture or loss of the Aircraft, Airframe or any Engine, any material risk of criminal liability or material civil penalty against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine.

  • Installation and Use You may install and use the Software only for the number of licenses acquired by you. In order to exercise your rights to the Software under this Agreement, you must activate your copy of the Software in the manner described during the launch sequence.

  • Purpose and Use These Terms and Conditions (the “Terms”) apply to the purchase of items by Buyer. The Products or Services, as applicable, may be more fully described in the Specification (defined below). Changes to these Terms are not part of the Contract unless ▇▇▇▇▇ expressly agrees to them in writing. Section 3 describes how the Parties may enter into a binding contract for the Products or Services.

  • Sources and Uses The sources and uses of the Loans shall be as set forth in Section 3.12.