Pursuant to Section 1 Sample Clauses
The phrase "Pursuant to Section 1" serves to reference and incorporate the terms, conditions, or provisions outlined in Section 1 of a contract or legal document. In practice, this clause is used to clarify that a particular action, obligation, or right is being carried out in accordance with the rules or stipulations previously established in Section 1. By explicitly tying subsequent provisions or actions to Section 1, this clause ensures consistency and avoids ambiguity, helping parties understand the specific basis or authority for certain contractual requirements.
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Pursuant to Section 1. 3 of the Credit Agreement, the New Borrower is executing this Borrower Joinder Agreement in order to become a Borrower under the Credit Agreement. By executing this Borrower Joinder Agreement, the New Borrower agrees that it shall (i) become a party to the Credit Agreement as if an original signatory thereto, (ii) be bound by all of the provisions of the Credit Agreement as if an original signatory thereto, and (iii) be considered a Borrower for all purposes of the Credit Agreement and have the rights and obligations of a Borrower thereunder.
Pursuant to Section 1. 3 of the Receivables Purchase Agreement, the Seller hereby notifies the Agent of the following reduction of Aggregate Capital from Collections. The proposed date of such reduction is [DATE] (the “Proposed Reduction Date”).1 The amount of Aggregate Capital to be reduced on the Proposed Reduction Date is $[ ]. Very truly yours, HBI RECEIVABLES LLC By: Name: Title: 1 Must be in compliance with the Required Notice Period Set forth in Exhibit I to the Receivables Purchase Agreement. To: JPMorgan Chase Bank, N.A., as Agent and as a Managing Agent, HSBC Bank USA, N.A., as a Managing Agent, and each of the “Purchasers” party to the Agreement defined below. This Compliance Certificate is furnished pursuant to that certain Receivables Purchase Agreement dated as of November 27, 2007 among HBI Receivables LLC (the “Seller”), Hanesbrands Inc. (the “Servicer”), the Purchasers and Managing Agents party thereto and JPMorgan Chase Bank, N.A., as Agent for such Purchasers (the “Agreement”). Terms used herein and not otherwise defined herein shall have the meanings assigned in the Agreement. THE UNDERSIGNED HEREBY CERTIFIES THAT:
Pursuant to Section 1. 07 of the Credit Agreement, Consolidated EBITDA is being adjusted on a Pro Forma Basis with respect to (a) [describe acquisition] (a “Specified Acquisition”) and/or (b) [describe Disposition] (a “Specified Disposition”).]
Pursuant to Section 1. 15 of the Existing Credit Agreement, the parties hereto agree and acknowledge that, effective as of the Amendment Effective Date (as defined below), the aggregate total amount of the Commitments of the Lenders is $100,000,000.00; and
Pursuant to Section 1. 5.1 of the original Contract, ▇▇▇▇ ▇▇▇▇▇▇ is designated as the A/E Project Manager for all activations. ▇▇▇▇ ▇▇▇▇▇▇’▇ current contact information is as follows: ▇▇▇▇ ▇▇▇▇▇▇, Executive Vice President ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. West Dallas, TX 75215 Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Email Address: ▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇
Section 17.1 of the original Contract is amended to provide contact information for notices to the representative of ▇▇▇▇▇▇▇. The new contact information is as follows: ▇▇▇▇ ▇▇▇▇▇▇, Executive Vice President ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. West Dallas, TX 75215 Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Email Address: ▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇
Pursuant to Section 1. 2.2 of the Work Letter, Landlord shall cause the Base Building to comply with the conditions set forth in Schedule 1 of the Tenant Work Letter ("Schedule 1"); provided, however, with respect to the Premises, in lieu of Section 4(o) of Schedule 1, Landlord shall perform the leveling work set forth in Exhibit B, attached hereto.
Pursuant to Section 1. 1, Sublessee shall pay Sublessee’s Sublease Share of Utility Costs to Sublessor in accordance with this Article 6. Notwithstanding the immediately foregoing sentence, Sublessor shall have the right, in its reasonable discretion, to equitably allocate the Utility Costs among Sublessee and any other subtenant or occupant of the Leased Premises in a manner other than by Sublessee’s Sublease Share, if Sublessor reasonably determines that the allocation of Utility Costs to Sublessee based on Sublessee’s Sublease Share is not equitable (i.e., Sublessee is using more or less than Sublessee’s Sublease Share of Utility Costs relative to such other subtenant or occupant). Upon request, Sublessor shall provide copies of all utility bills and Sublessor’s calculation for the allocation of Utility Costs to Sublessee in the event Sublessee allocates Utility Costs in a manner other than based on Sublessee’s Sublease Share. The parties agree to use good faith to resolve any dispute regarding an alleged unfair allocation of Utility Costs to Sublessee. If the dispute cannot be resolved, despite the good faith efforts by the parties, within sixty (60) days, the parties can request an audit from an independent professional utility auditor mutually agreeable to both parties (who shall not be compensated on a contingency fee basis and whose costs shall be shared equally by both parties), whose decision shall be final and binding on the parties; provided, however, that Sublessee shall continue to pay the allocated Utility Costs to Sublessor during the pendency of any such audit.
Pursuant to Section 1. 2.5.1, You are not permitted under this Agreement to modify the source code for the Software. However, if You disregard this prohibition and develop any troubleshooting-related modifications of the Software independently, or if You contact ▇▇▇▇▇▇▇ for assistance with the Software and modify the source code for the Software jointly with Telerik, such modifications and all rights associated therewith will be the exclusive property of ▇▇▇▇▇▇▇, and You agree to and hereby do assign all right, title and interest in and to such modifications to Telerik.
Pursuant to Section 1. 7(a) of the Credit Agreement, the Borrower hereby irrevocably elects that [the BA Period in respect of the Revolving Credit Advance requested in #2 above is [1] [2] [3] month(s).] [or] [the Revolving Credit Advance bear interest at the Canadian Prime Rate plus the applicable margin.] [or] [The Contract Period in respect of the Revolving Credit Advance by way of Bankers’ Acceptance is [1] [2] [3] [4] [5] [6] month(s).] Requested by: Duly Authorized Signatory Fax to: GE Canada Asset Financing Holding Company, as Agent (▇▇▇) ▇▇▇-▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ FOR VALUE RECEIVED, the undersigned, Eveready Industrial Services Corp. (‘Borrower”), HEREBY PROMISES TO PAY to the order of [ ] (“Revolving Lender”) at the offices of GE CANADA ASSET FINANCING HOLDING COMPANY, as Agent on behalf of the Lenders (“Agent”), at its address at ▇▇▇-▇▇▇ ▇▇▇▇▇▇ ▇.▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇, or at such other place as Agent may designate from time to time in writing, in lawful money of Canada and in immediately available funds, the amount of $ CANADIAN DOLLARS (CDN$ ) or, if less, the aggregate unpaid amount of all Revolving Credit Advances made to the undersigned under the “Credit Agreement” (as hereinafter defined). All capitalized terms used but not otherwise defined herein have the meanings given to them in the Credit Agreement or in Annex A thereto. This Revolving Note is one of the Revolving Notes issued pursuant to that certain amended and restated credit agreement dated as of April 25, 2007 by and among Eveready Industrial Services Corp., as Borrower, the other Persons named therein as Credit Parties, Agent on behalf of the Lenders, the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”) and is entitled to the benefit and security of the Credit Agreement, the Collateral Documents and all of the other Loan Documents referred to therein. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Revolving Credit Advance made by Revolving Lender to Borrower, the rates of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided, that the failure of Agent to make any such recordation ...