Example ContractsClausesIndependent Analysis
Independent Analysis
Independent Analysis contract clause examples

Third Party Analysis. If CARBO, after good faith consultation with [[Organization A:Organization]], disputes any finding by [[Organization A:Organization]] that Product is an Unacceptable Product, representative samples of such Product shall be forwarded to a Third Party jointly selected by CARBO and [[Organization A:Organization]] for analysis. The findings of such Third Party regarding whether the Product was an Unacceptable Product shall be binding upon CARBO and [[Organization A:Organization]]. The cost of such analysis by such Third Party shall be borne by the Party whose findings differed from those generated by such Third Party.

Independent Analysis. Palogic has made its own decision to engage in the Exchange based on its own due diligence review and independent analysis, which includes a review of the filings and disclosures made by the Company with the Securities and Exchange Commission and which Palogic deems to have been sufficient. The Company did not recommend or encourage Palogic participate in the Exchange or provide any advice to Palogic.

Solvency Analysis. The Lenders shall have received a reasonably satisfactory solvency analysis certified by the chief executive officer of the Borrower’s general partner, on behalf of the Borrower, which shall document the solvency of the Borrower and its Subsidiaries considered as a whole after giving effect to the transactions contemplated hereby (including the Parent REIT Follow-On Offering, the Facilities and the use of the proceeds thereof).

Independent Analysis. Each Party hereby confirms that its decision to execute this Agreement has been based upon its independent assessment of documents and information available to it, as it has deemed appropriate. Each Commitment Party acknowledges and agrees that it is not relying on any representations or warranties other than as set forth in this Agreement.

. Designate the Collections Account as the “Analysis Account” as defined in the Collections Account Control Agreement.

Independent Analysis. Palogic has made its own decision to engage in the Exchange based on its own due diligence review and independent analysis, which includes a review of the filings and disclosures made by the Company with the Securities and Exchange Commission and which Palogic deems to have been sufficient. The Company did not recommend or encourage Palogic participate in the Exchange or provide any advice to Palogic.

ANALYSIS AND MONITORING. The Custodian shall # provide the Fund (or its duly-authorized investment manager or investment advisor) with an analysis of the custody risks associated with maintaining assets with the Eligible Securities Depositories set forth on [Schedule B] hereto, as amended from time to time, in accordance with [section (a)(1)(i)(A)] of Rule 17f-7, and # monitor such risks on a continuing basis, and promptly notify the Fund (or its duly-authorized investment manager or investment advisor) of any material change in such risks, in accordance with [section (a)(1)(i)(B)] of Rule 17f-7. If a custody arrangement with an Eligible Securities Depository no longer meets the requirements of this Section, the Fund’s Foreign Assets must be withdrawn from the depository as soon as reasonably practicable and the Custodian shall act in accordance with Proper Instructions to withdraw such Foreign Assets.

Analysis Account. Designate the Collections Account as the “Analysis Account” as defined in the Collections Account Control Agreement.

Analysis Account. Designate the Collections Account as the “Analysis Account” as defined in the Collections Account Control Agreement.

Availability Analysis. Within thirty (30) days after the end of each quarter, a completed Availability Analysis in the form of [Exhibit 9.5](h), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding quarter.

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