Acceptance; Failure to Respond Sample Clauses

Acceptance; Failure to Respond. If the Seller does not disagree with the Purchaser’s Closing Statement, the Seller shall deliver a written statement to the Purchaser within such sixty (60) day period accepting the Closing Statement (an “Acceptance Notice”), in which case the Purchaser’s determination of the Net Working Capital as of the Closing Date as shown on the Closing Statement shall be final and binding on the parties, effective as of the date on which the Purchaser receives the Acceptance Notice. If the Seller does not deliver a Dispute Notice or an Acceptance Notice within such sixty (60) day period, then the Purchaser’s determination of the Net Working Capital as of the Closing Date as shown on the Closing Statement shall be final and binding on the parties, effective as of the first Business Day after the expiration of such sixty (60) day review period.
Sample 1See All (5)
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Acceptance; Failure to Respond. If Platinum does not disagree with Purchaser’s Statement, Platinum shall deliver a written statement to Black Box within such ninety (90) period accepting Purchaser’s Statement (an “Acceptance Notice”), in which case Black Box’s determination of the Equity Book Value as of the Closing Date as shown on Purchaser’s Statement shall be final and binding on the parties, effective as of the date on which Black Box receives the Acceptance Notice. If Platinum does not deliver a Dispute Notice or an Acceptance Notice within such ninety (90) period, then Black Box’s determination of the Equity Book Value as of the Closing Date as shown on Purchaser’s Statement shall be final and binding on the parties, effective as of the first business day after the expiration of such ninety (90) day period.
Sample 1
Acceptance; Failure to Respond. If the Purchaser does not deliver a notice disagreeing with the Liquidator's statement within five Business Days of receiving the statements in subsections (a) or (b) above, then the Liquidator's statement shall be final and binding on the Parties.
Sample 1
Acceptance; Failure to Respond. If Purchaser does not disagree with Seller's Final Statement, Purchaser shall deliver a written statement to Seller within the Review Period accepting Seller's Final Statement (an "Acceptance Notice"), in which case Seller's determination of the Net Working Capital of all portions of the Business other than the German Business as of the Closing Date as shown on Seller's Final Statement shall be final and binding on the parties, effective as of the date on which Seller receives the Acceptance Notice. If Purchaser does not deliver a Dispute Notice or an Acceptance Notice within the Review Period, then Seller's determination of the Net Working Capital of all portions of the Business other than the German Business as of the Closing Date as shown on Seller's Final Statement shall be final and binding on the parties, effective as of the first business day after the expiration of the Review Period.
Sample 1
Acceptance; Failure to Respond. If Purchaser does not disagree with Seller's German Final Statement, Purchaser shall deliver a written statement to Seller within the German Review Period accepting Seller's German Final Statement (a "German Acceptance Notice"), in which case Seller's determination of the Net Working Capital of the German Business as of the German Closing Date as shown on Seller's German Final Statement shall be final and binding on the parties, effective as of the date on which Seller receives the German Acceptance Notice. If Purchaser does not deliver a German Dispute Notice or a German Acceptance Notice within the German Review Period, then Seller's determination of the Net Working Capital of the German Business as of the German Closing Date as shown on Seller's German Final Statement shall be final and binding on the parties, effective as of the first business day after the expiration of the German Review Period.
Sample 1
Acceptance; Failure to Respond. If the Stockholder Representative does not disagree with the Net Assets Statement, the Stockholder Representative shall deliver a written statement to the Buyer within the Review Period accepting the Net Assets Statement (an “Acceptance Notice”), in which case the Buyer’s determination of the Net Assets as of the Closing Date as shown on the Net Assets Statement shall be final and binding on the parties, effective as of the date on which the Buyer receives the Acceptance Notice. If the Stockholder Representative does not deliver a Net Assets Dispute Notice or an Acceptance Notice within the Review Period, then the Buyer’s determination of the Net Assets as of the Closing Date as shown on the Net Assets Statement shall be final and binding on the parties, effective as of the first Business Day after the expiration of the Review Period.
Sample 1
Acceptance; Failure to Respond. If the Buyer does not take exception with any of the items contained in the Initial Net Asset Statement, the Buyer shall deliver a written statement to the Seller within the Net Asset Review Period accepting the Initial Net Asset Statement (an "Net Asset Acceptance Notice"), in which case the Seller's determination of the Net Assets as of the Closing Date as shown on the Initial Net Asset Statement shall be final and binding on the parties, effective as of the date on which the Seller receives the Net Asset Acceptance Notice. If the Buyer does not deliver a notice of Net Asset Proposed Adjustments or an Net Asset Acceptance Notice within the Net Asset Review Period, then the Seller's determination of the Net Assets as of the Closing Date as shown on the Initial Net Asset Statement shall be final and binding on the parties, effective as of the first business day after the expiration of the Net Asset Review Period.
Sample 1
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Acceptance; Failure to Respond. If the Buyer does not take exception with any of the items contained in the Initial Net Cash Statement, the Buyer shall deliver a written statement to the Seller within the Net Cash Review Period accepting the Initial Net Cash Statement (a "Net Cash Acceptance Notice"), in which case the Seller's determination of the Net Cash as of the Closing Date as shown on the Initial Net Cash Statement shall be final and binding on the parties, effective as of the date on which the Seller receives the Net Cash Acceptance Notice. If the Buyer does not deliver a notice of Net Cash Proposed Adjustments or a Net Cash Acceptance Notice within the Net Cash Review Period, then the Seller's determination of the Net Cash of the Closing Date as shown on the Initial Net Cash Statement shall be final and binding on the parties, effective as of the first business day after the expiration of the Net Cash Review Period.
Sample 1
Acceptance; Failure to Respond. If the Parent does not disagree with the Closing Statement, the Parent (on behalf of the Sellers) shall deliver a written statement to the Purchaser within such ninety (90) day period accepting the Closing Statement (an “Acceptance Notice”), in which case the Purchaser’s determination of the Closing Date Net Working Capital as shown on the Closing Statement shall be final and binding on the parties, effective as of the date on which the Purchaser receives the Acceptance Notice. If the Parent does not deliver a Dispute Notice or an Acceptance Notice within such ninety (90) day period, then the Purchaser’s determination of the Closing Date Net Working Capital as shown on the Closing Statement shall be final and binding on the parties, effective as of the first Business Day after the expiration of such ninety (90) day review period.
Sample 1

Related to Acceptance; Failure to Respond

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Settlement without Consent if Failure to Reimburse If at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel, such indemnifying party agrees that it shall be liable for any settlement of the nature contemplated by Section 6(a)(ii) effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into and (iii) such indemnifying party shall not have reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

  • Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Failure to Return from Leave Any employee who has been granted a leave and who, for any reason, fails to return to work at the expiration of said leave shall be considered as having resigned his/her position with the County, and the position shall thereupon be declared vacated, unless the employee is on leave status protected under state/federal laws or he/she has furnished evidence that he/she was unable to return to work by reason of sickness, physical disability, or other legitimate reason beyond his/her control.

  • Borrower’s Failure to Notify Any outstanding Borrowing of Domestic Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Eurocurrency Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into a Borrowing of Domestic Rate Loans, subject to Section 6.2 hereof. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in an Alternative Currency before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in the same Alternative Currency with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Effect of Failure to Deliver Timely Interest Election Request and Events of Default on Interest Election If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall be converted to an ABR Borrowing. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing: (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing (and any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a Eurodollar Borrowing shall be ineffective) and (ii) unless repaid, each Eurodollar Borrowing shall be converted to an ABR Borrowing at the end of the Interest Period applicable thereto.

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

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