Retention Requirements Clause Samples
The Retention Requirements clause sets out the obligations for parties to retain certain documents, records, or data for a specified period. Typically, it details what types of information must be kept, such as financial records, correspondence, or compliance documents, and may specify the format and security standards for storage. This clause ensures that necessary information is available for audits, legal compliance, or dispute resolution, thereby reducing the risk of lost or inaccessible records.
Retention Requirements. The Borrower shall provide:
(i) promptly following a request by any Lender which is (x) received in connection with a material amendment of any Transaction Document, a refreshed Retention Letter from the Retention Holder substantially in the form of Exhibit J or (y) for additional information which is either in the possession of the Retention Holder or can be obtained at no material cost to the Retention Holder, such additional information as such Lender may reasonably request in order for such Lender to comply with the Securitisation Regulation;
(ii) promptly on becoming aware of the occurrence thereof, written notice of (x) any failure by the Retention Holder to hold the Retained Interest in accordance with paragraph (a) of the Retention Letter; or (y) any failure by the Retention Holder to comply with any of its undertakings under paragraphs (b), (c) or (e) of Section 3 of the Retention Letter;
(iii) (x) on a monthly basis prior to each Reporting Date and (y) upon any written request therefor by or on behalf of the Borrower or any Lender delivered as a result of a material change in (x) the performance of the Loans, (y) the risk characteristics of the transaction or (z) the Collateral Obligations and/or the Permitted Investments from time to time, a certificate from a Responsible Officer of the Retention Holder to the Collateral Agent confirming continued compliance with the requirements set forth in the Retention Letter.
Retention Requirements a) Qualified Retention Employees hired by CONTRACTOR may not be discharged without cause during the initial ninety (90) day period of their employment.
b) CONTRACTOR shall offer continued employment to each Qualified Retention Employee who received a satisfactory performance evaluation at the end of the initial ninety (90) day period of employment. Such employment shall be offered under the same terms and conditions established by CONTRACTOR for all of its employees.
Retention Requirements. The governmental unit shall retain copies of all reimbursement requests submitted to the department including the following items:
(a) Request for an advance or reimbursement form.
(b) Reimbursement claim worksheet.
(c) Cost−share calculation and practice verification form. r. (4), Register, November, 1989, No. 407, eff. 12−1−89; am. (2) (a), (b) 2., 5., 6; (c),
Retention Requirements. Seller shall maintain all product related documentation (e.g., production records, inspection records and related certifications, nonconformance reports, etc.) for a minimum period of seven (7) years from the completion of this Order.
Retention Requirements. Each Originator:
(a) shall collectively with the other Originators, as originators, retain a material net economic interest in the Receivables (the “EU Retained Interest”) of not less than five (5) percent of the aggregate nominal value of the Receivables in the form specified in paragraph 1(d) of Article 405 of EU Regulation 575/2013, paragraph (1)(d) of Article 51 of the EU Regulation 231/2013 and paragraph 2(d) of Article 254 of EU Regulation 2015/35, in each case, as they apply as of the Closing Date (that is, retention of the first loss tranche and, if necessary, other tranches having the same or a more severe risk profile than those transferred or sold to investors and not maturing any earlier than those transferred or sold to investors, so that the retention equals in total no less than five (5) percent of the nominal value of the securitised exposures) by holding Certificates with a notional amount that corresponds to not less than five (5) percent of the aggregate nominal value of the Receivables (or such lower amount, including zero (0) percent, if such lower amount is required or permitted under the EU Retention Rules at such time as a result of amendment, repeal or otherwise);
(b) shall not, and shall procure that its Affiliates do not, sell, hedge or otherwise mitigate its credit risk under or associated with the EU Retained Interest by it or the Receivables, except to the extent permitted in accordance with the EU Retention Rules as applicable as of the Closing Date or thereafter;
(c) shall (i) take such further action, and (ii) provide such information in the possession of such Originator to the extent the same is not subject to a duty of confidentiality, in each case, (A) as may reasonably be required to satisfy the EU Retention Rules as they apply as of the Closing Date and, in the case of the requirement specified in sub-paragraph (ii), as they apply following the Closing Date, and (B) at the cost and expense of the party seeking such further action, information or agreements;
(d) shall confirm or shall cause Cellco to confirm on its behalf in writing its continuing compliance with the undertakings set out in paragraphs (a) and (b) above to the Issuer, the Servicer, the Owner Trustee and the Administrator, (i) on a monthly basis and (ii) at any time upon the notification by the Administrator to the Originators (a) that the Administrator has determined that the performance of the Notes or the risk characteristics of the Notes or of the Rec...
Retention Requirements. The Borrower shall procure that the EU/UK Originator Requirement is satisfied as of the Effective Date after giving effect to all acquisitions of Collateral Obligations on or prior to such date.
Retention Requirements. The used vehicle information described in sub. (1) (f) shall be maintained for a period of 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, includ- ing copies of factory invoices, dealer reassignment forms, con- signment agreements, purchase contracts, MV1 or MV11 Wis- consin title, registration or license plate applications, Wisconsin buyers guides, regular and conforming power of attorney forms, prior owner odometer disclosure statements, dealer’s subsequent odometer disclosure statements, lessor’s notices to lessees relat- ing to odometer disclosure required at end of lease, and ▇▇▇▇▇▇’s odometer disclosure statement completed at end of lease. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by a representative of the department during reasonable business hours. Multi−location dealerships may keep records at a single location. If the location is out of state, the dealerships shall reimburse the department for actual and necessary expenses, plus wages pursuant to the appro- priate state compensation plan or applicable labor agreement for examining the documents at that location. The actual and neces- sary expenses charged include the following:
(a) Travel expenses.
(b) Meal expenses.
(c) Lodging expenses.
(d) Telephone expenses.
(e) Copying and data processing expenses. Note: The current Wisconsin Title and License Plate Application forms used by dealers is form MV−11, which may be purchased from motor vehicle dealer form sup- ply companies. MV−1 is used by the general public for this purpose and is available from motor vehicle service centers or on the Internet at http:\\▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇ No. 307, eff. 8−1−81; am. (1) (c) to (e), Register, December, 1982, No. 324, eff. 1−1−83; am. (intro.) (1) (b) 5. and 6., r. (1) (b) r. and (2), renum. (3) to be (2), Register, October, 1984, No. 346, eff. 11−1−84; am. (1) (b), cr. (1) (b) 7., Register, June, 1991, No. 426, eff. 7−1−91; am. (1) (b) 3., (d), (g) and (2), renum. (1) (f) to be (1) (f) 2., cr. (1) (f) 1. and 3. and (h), Register, January, 1996, No. 481, eff. 2−1−96; CR 99−135: am. (intro.), (1) (intro.), (a), (b) (intro.), (e) and (2), renum. (1) (b) 1. to 7. and (g) to be (1) (b) 1. a. to g. and (3) and am. (1) (b) 1. g. and (3), cr. (1) (b) 2., Register February 2004 No. 578, eff. 3−1−04; correction in (1) (h) (intro.) made under s. 13.93 (2m) (...
Retention Requirements. All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule.
Retention Requirements. (a) Holdings covenants on the Closing Date, and for as long as any Class A Obligations (other than inchoate indemnification obligations for which a claim has not been made) remain outstanding, for the benefit of the Administrative Agent and each Lender, that in order to comply with the Retention Requirements, in its capacity as "originator" for the purposes of the Securitisation Regulations, it:
(i) will acquire and retain, on an ongoing basis, a material net economic interest in the securitisation constituted by the Credit Documents in an amount of not less than 5% of the nominal value of the securitized exposures represented by the Pledged Receivables owned by the Company, in the form of a first loss tranche as referred to in option (d) of Article 6(3) of the Securitisation Regulations, by virtue of its ownership of 100% of the membership interests in the Company (the “Retention Interest”);
(ii) will not transfer, hedge or otherwise mitigate the credit risk of the Retention Interest, except to the extent permitted in accordance with the Securitisation Regulations; and
(iii) it will not change the manner in which the Retention Interest is held, except to the extent permitted by the Securitisation Regulations.
(b) Holdings represents and warrants:
(i) on the Closing Date, it is not an entity that has been established or that operates for the sole purpose of securitizing exposures for the purposes of the Securitisation Regulations;
(ii) in relation to every originated Receivable at the time such receivable in acquired by the Company:
(A) it has applied the same sound and well-defined criteria for credit-granting which it applies to non-securitized exposures,
(B) it has clearly established processes for approving, amending, renewing and financing those Receivables; and
(C) it has effective systems in place to ensure that such credit granting is based on a thorough assessment of the obligor's credit worthiness including taking appropriate account of factors relevant to verifying the prospect of the obligor meeting its obligations under the credit agreement; or
(D) it reasonably believes based on its own verification of information available to it that the entity directly or indirectly involved in the original agreement which created such Receivable, has applied to such Receivable the same sound and well-defined criteria for credit-granting that such entity applies to its non-securitized exposures.
(c) Holdings shall confirm to the Company, the Administrative ...
Retention Requirements. The Borrower shall ensure (by obtaining a signed Retention of Net Economic Interest Letter from a Responsible Officer of the Retention Provider from time to time upon the written request of the Facility Agent) that the Retention Provider (i) at all times holds the Retention Interest in accordance with paragraph (d) of Article 405(1) of the CRR and Article 51(d) of the AIFMD L▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇▇▇, (▇▇) has not changed and will not change the manner in which it retains the Retention Interest, except to the extent permitted under the Retention Requirements and (iii) has not entered and will not enter into any credit risk mitigation, short position or any other credit risk hedge or credit risk hedging arrangement of any kind with respect to the Retention Interest, except to the extent permitted under the Retention Requirements.