INSERT AS APPLICABLE Sample Clauses

INSERT AS APPLICABLE of the District Contract is deleted and the following substituted: The LEA and FSMC shall work together to ensure a financially sound operation. The FSMC guarantees that the LEA shall receive a surplus of $1,200,000. If the surplus for the Food Service Program falls short of the aforementioned amount, the FSMC shall pay the difference to the LEA, with the amount of any such payment not to exceed the total of the FSMC’s Management Services Fee and General Support Services Fee. Any Guaranteed Return received by the LEA must remain in the nonprofit food service account.
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INSERT AS APPLICABLE the Pledge Agreement, dated as of August 15, 2014 (as the same may be amended, restated, modified or supplemented from time to time, the “Pledge Agreement”), made by the Borrower and the Guarantors party thereto in favor of the Administrative Agent, (v) the Patent, Trademark and Copyright Security Agreement, dated as of August 15, 2014 (as the same may be amended, restated, modified or supplemented from time to time, the “Patent, Trademark and Copyright Security Agreement”), among the Borrower and the Guarantors party thereto in favor of the Administrative Agent, (vi)] the Intercompany Subordination Agreement, dated as of August 15, 2014, among the Borrower and the Guarantors (as the same may be amended, restated, modified or supplemented from time to time, the “Intercompany Subordination Agreement”), and [(v) /(vi)/ (vii)] the other Loan Documents referred to in the Credit Agreement, as the same may be modified, supplemented, or amended. Capitalized terms defined in the Credit Agreement are used herein as defined therein. In consideration of the New Guarantor becoming a Guarantor under the terms of the Credit Agreement and in consideration of the value of the direct and indirect benefits received by New Guarantor as a result of becoming affiliated with the Borrower and the Guarantors, the New Guarantor hereby agrees that effective as of the date hereof it hereby is, and shall be deemed to be, a Guarantor under the Credit Agreement, the Guaranty, the Security Agreement, [INSERT AS APPLICABLE: the Pledge Agreement, the Patent, Trademark and Copyright Security Agreement,] the Intercompany Subordination Agreement, and each of the other Loan
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INSERT AS APPLICABLE the Pledge Agreement, the Patent, Trademark and Copyright Security Agreement,] the Intercompany Subordination Agreement, and each of the other Loan Documents which are stated to apply to or are made by a “Guarantor”. Without limiting the generality of the foregoing, the New Guarantor hereby represents and warrants that (i) each of the representations and warranties set forth in Article 6 of the Credit Agreement applicable to New Guarantor as a Guarantor is true and correct as to New Guarantor on and as of the date hereof, and (ii) New Guarantor has heretofore received a true and correct copy of the Credit Agreement, the Guaranty, and each of the other Loan Documents (including any modifications thereof or supplements or waivers thereto) in effect on the date hereof. New Guarantor hereby makes, affirms, and ratifies in favor of the Lenders and the Administrative Agent the Credit Agreement, the Guaranty and each of the other Loan Documents given by the Guarantors to Administrative Agent and any of the Lenders. New Guarantor is simultaneously delivering to the Administrative Agent the following documents together with this Guarantor Joinder required under Section 8.2.9 [Subsidiaries, Partnerships and Joint Ventures], and Section 11.13 [Joinder of Guarantors] of the Credit Agreement: Updated Schedules to Credit Agreement. [Note: updates to schedules do not cure any breach of warranties]. Schedule No. and Description Delivered Not Delivered Schedule 6.1.1 - Qualifications To Do Business ¨ ¨ Schedule 6.1.3 - Subsidiaries ¨ ¨ Opinion of Counsel (Schedule 7.1.1) ¨ ¨ Any other Schedules to Credit Agreement that necessitate updates after giving effect to this Guarantor Joinder and Assumption Agreement ¨ ¨ In furtherance of the foregoing, New Guarantor shall execute and deliver or cause to be executed and delivered at any time and from time to time such further instruments and documents and do or cause to be done such further acts as may be reasonably necessary in the reasonable opinion of the Administrative Agent to carry out more effectively the provisions and purposes of this Guarantor Joinder and Assumption Agreement. This Guarantor Joinder and Assumption Agreement may be executed in any number of counterparts, and by different parties hereto in separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. New Guarantor acknowledges and agrees that a telecopy transmissi...
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INSERT AS APPLICABLE of the SFA Contract is deleted and the following substituted: The SFA and FSMC shall work together to ensure a financially sound operation. The FSMC guarantees that the SFA (Middletown, Barrington, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and Portsmouth) shall receive a surplus of Breakeven. If the surplus for the Food Service Program falls short of the aforementioned amount, the FSMC shall pay the difference to the SFA, with the amount of any such payment not to exceed the total of the FSMC’s Management Services Fee and General Support Services Fee. Any Guaranteed Return received by the SFA must remain in the nonprofit food service account.
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INSERT AS APPLICABLE of the SFA Contract is deleted and the following substituted: The SFA and FSMC shall work together to ensure a financially sound operation.
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INSERT AS APPLICABLE of the SFA Contract is deleted and the following substituted: The SFA and FSMC shall work together to ensure a financially sound operation. The FSMC guarantees that the SFA shall incur a deficit of no more than $(51,868). If the deficit for the Food Service Program is greater than the aforementioned amount, the FSMC shall pay the difference to the SFA, with the amount of any such payment not to exceed the total of the FSMC’s Management Services Fee and General Support Services Fee. Any Guaranteed Return received by the SFA must remain in the nonprofit food service account.
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Related to INSERT AS APPLICABLE

  • ▇▇▇▇▇ (as Applicable) Bonds as required and/or defined in the original bid documents. Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 1. Contractor shall be responsible for and remedy all damage or loss to any property, including property of City, caused in whole or in part by Contractor, any Subcontractor, or anyone employed, directed, or supervised by Contractor. 2. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payment of damages to persons or property resulting from its operations or the operations of any Subcontractors under it. 3. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Purchase such insurance to cover any risk for which City may be liable through the operations of Contractor under this Agreement and deduct or retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Contractor to stop work under this Agreement and/or withhold any payments which become due Contractor here under until Contractor demonstrates compliance with the requirements hereof; or, c. Terminate the Agreement.

  • Complete as applicable Required documentation: * For taxes and insurance advances - see page 2 of 332 form - breakdown required showing period of coverage, base tax, interest, penalty. Advances prior to default require evidence of servicer efforts to recover advances. * For escrow advances - complete payment history (to calculate advances from last positive escrow balance forward) * Other expenses - copies of corporate advance history showing all payments * REO repairs > $1500 require explanation * REO repairs >$3000 require evidence of at least 2 bids. * Short Sale or Charge Off require P&L supporting the decision and WFB's approved Officer Certificate * Unusual or extraordinary items may require further documentation.

  • LAWS APPLICABLE The parties to this Agreement acknowledge and expect that over the term of this Agreement laws may change. Specifically, the parties acknowledge and expect (i) federal Medicaid statutes and regulations, (ii) state Medicaid statutes and rules, (iii) state statutes and rules governing practice of health-care professions, and (iv) any other laws cited in this contract may change. The parties shall be mutually bound by such changes.

  • Law Applicable This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia.

  • General Provisions Applicable to Loans Section 6.1 Minimum Amounts for Committed Borrowings, Conversions or Continuations and Prepayments.