Approval of Alternative Vendor Requests; Sellers Right to Match Sample Clauses

Approval of Alternative Vendor Requests; Sellers Right to Match. Within thirty (30) calendar days of Seller's receipt of an Alternative Vendor Request, Seller shall inform Buyer in writing whether such request meets all of the AVR Requirements, and if such request covers more than one proposed alternative vendor, which of the proposed alternative vendors meets the AVR Requirements. In the event of an Additional Information Request, such 30-day period shall be deemed extended by a period of time equal to ten (10) calendar days following Buyer's complete response to such Additional Information Request. If Seller's response period as described above lapses without any response by Seller, the request shall be deemed to have been approved by Seller with respect to each proposed alternative vendor covered thereby. If such request meets all of the AVR Requirements, Seller shall also inform Buyer whether Seller will match the price for such product contained in the Alternative Vendor Request and retain the right to supply such products to Buyer. If Seller agrees to match such price, then such price shall become effective for all orders of such product submitted by Buyer to Seller commencing on the calendar day following the date on which Buyer receives Seller's notice of agreement to match the price. If Seller does not agree to match such price then Buyer shall, subject to the transition requirements and other terms set forth below, be entitled to purchase such product directly from the proposed alternative vendor. In the event that Seller informs Buyer that an Alternative Vendor Request does not meet all of the AVR Requirements for each proposed alternative vendor, Seller shall specify the reason or reasons, in writing and in reasonable detail, that has led it to such conclusion (a "Cause for Rejection"), whereupon Buyer shall have a period of thirty (30) calendar days within which to have the Cause for Rejection removed and resubmit an amended Alternative Vendor Request. The provisions of this Agreement shall apply to any such amended Alternative Vendor Request as if it were an original Alternative Vendor Request, provided that the resubmission of an amended Alternative Vendor Request can be made only once for each Alternative Vendor Request, and that for the purpose the restriction on the frequency of Alternative Vendor Request as set forth in Section 2.7 of this Agreement, an amended Alternative Vendor Request shall be deemed to have been submitted simultaneously with the original Alternative Vendor Request. If Seller appro...
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Related to Approval of Alternative Vendor Requests; Sellers Right to Match

  • Conditions Precedent to the Right of the Company to Deliver an Advance Notice The right of the Company to deliver an Advance Notice and the obligations of the Investor hereunder with respect to an Advance are subject to the satisfaction or waiver, on each Advance Notice Date (a “Condition Satisfaction Date”), of each of the following conditions:

  • Absence of Appraisal or Dissenters’ Rights No Shareholder shall be entitled, as a matter of right, to relief as a dissenting Shareholder in respect of any proposal or action involving the Trust or any Series or any Class thereof.

  • Matters Requiring Investor Director Approval So long as the holders of Preferred Stock are entitled to elect a Preferred Director, the Company hereby covenants and agrees with each of the Investors that it shall not, without approval of the Board of Directors, which approval must include the affirmative vote of a majority of the Preferred Directors:

  • Actions Not Requiring Proper Instructions Unless otherwise instructed by the Trust, the Custodian shall with respect to all Securities held for the Fund:

  • Certain Actions Upon Written Instructions Upon receipt of a Written Instructions and not otherwise, the Custodian shall:

  • No Action Except Under Specified Documents The Interim Eligible Lender Trustee shall not otherwise deal with the Interim Trust Loans except in accordance with the powers granted to and the authority conferred upon the Interim Eligible Lender Trustee pursuant to this Agreement, the Purchase Agreements and the Sale Agreement.

  • Voluntariness and Consequences of Consent Denial or Withdrawal The Participant’s participation in the Plan and the Participant’s grant of consent is purely voluntary. The Participant may deny or withdraw his or her consent at any time. If the Participant does not consent, or if the Participant withdraws his or her consent, the Participant cannot participate in the Plan. This would not affect the Participant’s salary as an employee or his or her career; the Participant would merely forfeit the opportunities associated with the Plan.

  • Transactions Not Requiring Instructions In the absence of contrary Written Instructions, PFPC Trust is authorized to take the following actions:

  • Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets (a) Borrower acknowledge that Lender has made the Loan to Borrower upon, among other things, the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; (iii) each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance.

  • Return of Required Loan Documents The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (a) delivered to the Collateral Custodian in error or (b) released from the Lien of the Collateral Agent hereunder pursuant to Section 2.16, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit M hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Portfolio to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to the Borrower.

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