Sentences with phrase «purchaser upon terms»

Not exact matches

«Gross Revenues» means the total monies received by Grantee from a utility company or other power purchaser (provided, however, that if electricity is sold to a subsidiary or affiliate of Grantee, then, and only then, the gross receipts from the sale of electricity under such contract shall be calculated using a sale of not less than the arithmetical average of the prices quoted by market sources of information, which information may be based upon the price paid by any purchaser or purchasers, including Grantee or any subsidiary or affiliate of Grantee, for electricity produced in the Iowa region of the Midwest Independent System Operator («MISO») from operation of wind turbines during the calendar year immediate!y preceding the year in which such electricity production from the Wind Energy Project occurs, taking into account the aggregate terms associated with such transaction) derived from the sale of electric energy and capacity produced and sold from the WTG's installed on the Premises, net of proportional energy losses associated with the power collection system or utility interconnection.

Before sending the draft SOW to the purchaser, the vendor should verify what customizations are required to its standard SOW template language to properly incorporate the defined terms or concepts, which were agreed upon in the underlying legal agreement, rather than leaving it to the purchaser's counsel to clean up.

As I have written before, both vendors and purchasers benefit enormously from having their respective legal counsel involved (the earlier the better) in reviewing and finalizing relevant deal SOWs for accuracy, clarity and overall alignment with agreed - upon business terms.

However, the usual course of action with an asset transfer is that the purchaser agrees to offer employment to most, if not all, employees of the vendor upon the closing of the purchase and sale on the same terms as the employees were employed by the vendor.

Realty Investors of USA, Inc. v. Bhaidaswala (254 A.D. 2d 603)- order dismissing broker's complaint reversed; listing agreement entitling broker to a commission in the event that broker procures a purchaser on terms specified therein or any other terms acceptable to owner not dependent upon the execution of a legally enforceable sales contract, so long as the seller and buyer have come to a meeting of the minds on the essential terms of the transaction.

If Purchaser is not in default under the terms of the contract, Seller shall pay for Purchaser's account the taxes, special assessments and insurance premiums mentioned above when due and before any penalty attaches, and submit receipts therefore to Purchaser upon demand.

Renee Despins Realty, Inc. v. Roberts (1 A.D. 3d 211)- broker's exclusive brokerage agreement with owner provided for commission for the sale of a condominium upon closing of title or a willful failure to close; brokerage agreement excepted named buyer from exclusive agreement; named buyer purchased the property during the term of the exclusive; dismissal of broker's complaint unanimously affirmed where brokerage agreement expressly excepted the purchasers from its operation

Broker earned commission upon producing ready, willing and able purchaser - a meeting of the minds on all essential terms.

3d 1)- in the absence of an agreement to the contrary, broker's commission is earned upon procuring a purchaser who is ready, willing and able to perform the contract on terms satisfactory to the seller; an «able» purchaser is one who has the financial ability to perform; burden lies with broker to establish that its prospective purchaser was financially able to meet the purchase price; broker's complaint dismissed

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained