Deemed Delivery definition

Deemed Delivery has the meaning specified in Clause 6.2.3.
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Deemed Delivery means, with respect to a written Communication sent to a recipient Member or the Company (the "Recipient"), the earlier of (a) the date it shall be delivered to the address of the Recipient on the records of the Company (the "Recipient's Address"), (b) the date delivery shall have been refused at the Recipient's Address, (c) with respect to a Communication sent by mail, the date as of which the postal service shall have indicated such Communication to be undeliverable at the Recipient's Address, or (d) with respect to a Communication sent by facsimile to the facsimile number of the Recipient on the records of the Company and in respect of which a facsimile receipt confirmation statement is printed, (i) the next business day after receipt, if the Communication is received at or after five (5) p.m. in the time zone of the Recipient, or (ii) the day of receipt if the
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Deemed Delivery. Any communication under this Undertaking shall be deemed to have been received (if sent by fax) on the day of despatch or (in any other case) when left at the address required by Clause 11.1 or within two days after being sent by prepaid post addressed to it at that address.
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Examples of Deemed Delivery in a sentence

  • Deemed Delivery (A) If any notice, document or other information is given, sent or supplied by the company by post, it is treated as being received the day after it was posted if first class post was used or 48 hours after it was posted if first class post was not used.

  • Deemed Delivery: Any communication or notice from the Guarantor shall be irrevocable, and shall not be effective until received by Cathay Securities (Hong Kong).

  • The Products will be Your responsibility from the arrival of the Products at the delivery location (for the avoidance of doubt, prior to unloading) or Deemed Delivery.

  • The Determination Agent shall notify the Portfolio Manager of the Deemed Delivery Date.

  • The risk in the Products shall pass to the Customer upon the earlier of the arrival of the Products at the Delivery Location (prior to unloading) or the Collection Point (as applicable) or Deemed Delivery.

  • Goods must be returned to the Supplier’s registered address at the cost of the Customer in the same condition as they were [when they left the Supplier’s premises/ on Deemed Delivery] and must be delivered to the Supplier by a courier authorised by the Supplier.

  • Deemed Delivery (article 130)The proposed new articles replace the time at which a notice or other document which is sent to a recipient electronically is deemed to have been received.

  • Deemed Delivery (A) If any notice, document or other information is given, sent or supplied by the company by post, it is treated as being received the day after it was posted if first class post was used or two days after it was posted if first class post was not used.

  • For the avoidance of doubt, if Supplier completes the substitute sale of the Cargo to a Third Party purchaser prior to the payment by Buyer of the Deemed Delivery Amount, Buyer shall not be required to pay the Deemed Delivery Amount and shall instead pay to Supplier the amount by which the Deemed Delivery Amount exceeds the Net Proceeds realized by the Supplier from such sale.

  • The Goods are at the risk of the Buyer from the time of delivery or Deemed Delivery.


More Definitions of Deemed Delivery

Deemed Delivery. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if sent by facsimile transmission; and the second Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next-day delivery. All notices and communications to the Chargee or Holders shall be deemed duly given and effective only upon receipt. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it.
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Deemed Delivery means, with respect to a written Communication sent to a recipient Member or the Company (the "Recipient"), the earlier of (a) the date it shall be delivered to the address of the Recipient on the records of the Company (the "Recipient's Address"), (b) the date delivery shall have been refused at the Recipient's Address, (c) with respect to a Communication sent by mail, the date as of which the postal service shall have indicated such Communication to be undeliverable at the Recipient's Address, or (d) with respect to a Communication sent by facsimile to the facsimile number of the Recipient on the records of the Company and in respect of which a facsimile receipt confirmation statement is printed, (i) the next business day after receipt, if the Communication is received at or after five (5) p.m. in the time zone of the Recipient, or (ii) the day of receipt if the Communication is received before five (5) p.m. in the time zone of the Recipient. 1.25. "Effective Date" shall have the meaning given such term in the preamble hereto. 1.26. "Excepted Transfer" shall mean any Transfer by a Member of a Membership Interest to a controlled subsidiary or affiliate of such Member (or a family member of such Member or a trust for the benefit of such Member and/or such Member's family members, in the case of any individual Member); provided that the transferee first agrees to become a party to this Agreement and bound hereby and provided that no such Transfer shall relieve the transferring Member of its obligations hereunder without the prior written consent of the other Members. 1.27. "Fiscal Year" shall mean the period from September 1 to August 31 of each year, or such other period as may hereafter be adopted by the Managers. 1.28. "Xxxxxxxx Xxxxx" shall mean Xxxxxxxx Xxxxx Co., a Utah corporation. 1.29. "Xxxxxxxx Xxxxx Programs" means all coaching programs and other services and materials provided by the Company with respect to (i) proprietary coaching programs now or hereafter developed, produced and/or marketed by Xxxxxxxx Xxxxx or its Affiliates (other than the Company), and/or (ii) any of the third party programs identified on Exhibit B attached hereto. 1.30. "Xxxxxxxx Xxxxx Program Income" means, for any period, the Operating Margin generated by Xxxxxxxx Xxxxx Programs during such period, minus the Xxxxxxxx Xxxxx Program Share of all remaining operating expenses (other than those included in Xxxxxxxx Xxxxx'x Operating Margin) incurred by the Company during such...
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Deemed Delivery means, with respect to a written Communication sent to a recipient Member or the Company (the “Recipient”), the earlier of (a) the date it shall be delivered to the address of the Recipient on the records of the Company (the “Recipient’s Address”), (b) the date delivery shall have been refused at the Recipient’s Address, (c) with respect to a Communication sent by mail, the date as of which the postal service shall have indicated such Communication to be undeliverable at the Recipient’s Address, or (d) with respect to a Communication sent by facsimile to the facsimile number of the Recipient on the records of the Company and in respect of which a facsimile receipt confirmation statement is printed, (i) the next business day after receipt, if the Communication is received at or after five (5) p.m. in the time zone of the Recipient, or (ii) the day of receipt if the Communication is received before five (5) p.m. in the time zone of the Recipient.
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Deemed Delivery has the meaning set forth in Section 7.02.
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Deemed Delivery means Coal deemed to have been delivered in accordance with the provisions of Clause 4.9.1(B-2).
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Related to Deemed Delivery

  • Deemed Delivered Energy means [For As-Available Products use the following language] the amount of Energy expressed in MWh that the Project would have produced and delivered to the Delivery Point, but that is not produced by the Project and delivered to the Delivery Point during a Buyer Curtailment Period, which amount shall be equal to (a) the EIRP Forecast, expressed in MWh, applicable to the Buyer Curtailment Period, whether or not Seller is participating in EIRP during the Buyer Curtailment Period, less the amount of Delivered Energy delivered to the Delivery Point during the Buyer Curtailment Period or, (b) if there is no EIRP Forecast available, the result of the equation provided pursuant to Section 3.1(l)(i)(G) and using relevant Project availability, weather and other pertinent data for the period of time during the Buyer Curtailment Period less the amount of Delivered Energy delivered to the Delivery Point during the Buyer Curtailment Period; provided that, if the applicable difference calculated pursuant to (a) or (b) above is negative as compared to the amount of metered Energy at the CAISO revenue meter for the Project, the Deemed Delivered Energy shall be zero (0). [For Baseload Products use the following language] the amount of Energy expressed in MWh that the Project would have produced and delivered to the Delivery Point, but that is not produced by the Project and delivered to the Delivery Point during a Buyer Curtailment Period, which amount shall be determined by reference to the most recent Day-Ahead Availability Notice Buyer has received from Seller at the time Buyer issues a Buyer Curtailment Order.

  • Controlled delivery means the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.

  • Scheduled Delivery Date means the Date on which the Seller is required to start delivering the power at the Delivery Point as per the terms and conditions of the PPA;

  • Delivery means delivery in compliance of the conditions of the contract or order.

  • Delayed Delivery Fee shall have the meaning specified in paragraph 2H(2).

  • Delivery ex stock means immediate delivery directly from stock actually on hand.

  • Delivery Notice Has the meaning specified in the NPA.

  • Exercise Notice has the meaning set forth in Section 3.2(1);

  • Delay Delivery Certification As defined in Section 2.02(a) hereof.

  • Termination Delivery Unit means (a) in the case of a Termination Event, an Event of Default or an Extraordinary Event (other than an Insolvency, Nationalization, Merger Event or Tender Offer), one Share or (b) in the case of an Insolvency, Nationalization, Merger Event or Tender Offer, a unit consisting of the number or amount of each type of property received by a holder of one Share (without consideration of any requirement to pay cash or other consideration in lieu of fractional amounts of any securities) in such Insolvency, Nationalization, Merger Event or Tender Offer. If a Termination Delivery Unit consists of property other than cash or New Shares and Counterparty provides irrevocable written notice to the Calculation Agent on or prior to the Closing Date that it elects to deliver cash, New Shares or a combination thereof (in such proportion as Counterparty designates) in lieu of such other property, the Calculation Agent shall replace such property with cash, New Shares or a combination thereof as components of a Termination Delivery Unit in such amounts, as determined by the Calculation Agent in its discretion by commercially reasonable means, as shall have a value equal to the value of the property so replaced. If such Insolvency, Nationalization, Merger Event or Tender Offer involves a choice of consideration to be received by holders, such holder shall be deemed to have elected to receive the maximum possible amount of cash.

  • Share Delivery Date shall have the meaning set forth in Section 4(c)(ii).

  • Warrant Share Delivery Date shall have the meaning set forth in Section 2(d)(i).

  • Final Delivery Date means the date the Supplier is entitled to deliver the Products form the Purchaser even if the Products have not been called off as agreed in any Sales Agreement.

  • Delivery sale means any sale of a vapor product to a

  • Delivery Day means a day other than a Saturday, a Sunday or any other day on which national banking associations are authorized to be closed. Any party may change its address for purposes of the receipt of notices and demands by giving notice of the change in the manner provided in this provision.

  • Final delivery certificate means the document issued by the COE confirming that all the known defects have been rectified and that the works, goods or services appear in good order and have been accepted;

  • Initial Delivery Date has the meaning set forth in Section 1.1(d).

  • Notice of Guaranteed Delivery means the notice of guaranteed delivery in the form printed on green paper accompanying the Offer to Purchase and Circular;

  • Accelerated Borrowing Base Delivery Event means either (i) the occurrence and continuance of any Default or Event of Default, or (ii) the failure of the Borrowers to maintain Availability at least equal to the greater of (a) thirty percent (30%) of the Loan Cap, or (b) $10,000,000. For purposes of this Agreement, the occurrence of an Accelerated Borrowing Base Delivery Event shall be deemed continuing at the Lender’s option (i) so long as such Default or Event of Default has not been waived, and/or (ii) if the Accelerated Borrowing Base Delivery Event arises as a result of the Borrowers’ failure to achieve Availability as required hereunder, until Availability has exceeded the greater of (x) thirty percent (30%) of the Loan Cap , or (y) $10,000,000, in each case, for sixty (60) consecutive calendar days, in which case an Accelerated Borrowing Base Delivery Event shall no longer be deemed to be continuing for purposes of this Agreement; provided, that in the discretion of the Lender an Accelerated Borrowing Base Delivery Event shall be deemed continuing (even if a Default or an Event of Default is no longer continuing and/or Availability exceeds the required amount for such sixty (60) consecutive calendar days) at all times after an Accelerated Borrowing Base Delivery Event has occurred and has been discontinued on two (2) occasions in any one 12-month period after the Closing Date. The termination of an Accelerated Borrowing Base Delivery Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Accelerated Borrowing Base Delivery Event in the event that the conditions set forth in this definition again arise.

  • Delivery Time means the time for Delivery stated in the Purchase Order.

  • First Delivery Date means the first date by which the commodity for a Futures Contract can be delivered in order for the terms of the Futures Contract to be fulfilled.

  • Delivery service means the providing of electric transmission or distribution to a retail customer.

  • Notice of Exercise means a notice in writing addressed to the Company at its address first recited, which notice shall specify therein the number of Optioned Shares in respect of which the Option is being exercised;

  • Delay Delivery Mortgage Loans The Mortgage Loans for which all or a portion of a related Mortgage File is not delivered to the Trustee or to the Custodian on its behalf on the Closing Date. The number of Delay Delivery Mortgage Loans shall not exceed 25% of the aggregate number of Mortgage Loans as of the Closing Date.

  • Delivery Note means any separate piece of paper of such colour and size as readily to permit of a clear and legible statement being made thereon and actually bearing such a statement of all information required by the Act and these regulations to be furnished in respect of any goods actually being delivered to a purchaser;