Availability of Stock Sample Clauses

Availability of Stock. Where we do not have the System in stock, the time it will take for the manufacturer to deliver the System to us is beyond our control. Accordingly, we are not liable for any loss or damage that you suffer arising out of delays in obtaining the System. This is why we will initially provide you with an Estimated Installation Date to be followed by a Final Installation Date. If we can no longer obtain the stock of the System which appears in the Customer Quote Form, with prior consent we may substitute, at no extra charge to you, a product which is of equivalent quality and performance. If you are not satisfied with the System we propose to substitute, you may terminate the Agreement at any time before installation and we will refund the Deposit.
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Availability of Stock. The Company agrees that it will reserve such number of Shares of its authorised Class A common stock as shall be necessary to satisfy the requirements of this Agreement.
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Availability of Stock. Buyer has available and will have available on the Closing Date sufficient common stock to enable it to consummate the transactions contemplated by this Agreement.
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Availability of Stock. The Company will reserve and keep available at all times, free of preemptive rights, shares of Stock (which shares shall be on the same terms as the Company’s authorized and issued common stock) for the purpose of enabling the Company to satisfy any obligations to issue shares of its Stock upon conversion of the Notes.
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Availability of Stock. The Corporation covenants that, until termination of this Warrant, the Corporation will not transfer, sell, assign, encumber, or grant any lien, security interest, or other interest in a sufficient number of shares of Warrant Stock to provide for the transfer to the Holder of all Warrant Stock to which the Holder is entitled upon the exercise or conversion of this Warrant. Issuance of this Warrant shall constitute full authority to the officers of ReceiptCity who are charged with the duty of executing stock certificates to execute and issue the necessary certificates for shares of Warrant Stock issuable upon the exercise or conversion of this Warrant.
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Availability of Stock. If, when Performance Shares become payable, the number of shares of Stock needed exceeds the number of shares then available under the 2005 EIP, the Performance Shares shall be delivered when the shareholders approve an increase in the number of shares available under the 2005 EIP. If the shareholders do not approve such an increase so that all or part of the Performance Shares are not delivered, the Company will pay out the value of any Performance Shares that were not delivered in cash and determine their value by using the average of the per-share closing prices of the Common Stock for the last twenty (20) trading days preceding the date the Performance Shares would have been delivered had there been a sufficient number available.
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Availability of Stock. Despite anything else, any quotation (for the supply of goods) that is accepted by teQwise will remain at all relevant Mezzanine Level, 000 Xxxxx Xxxxxx Xxxxxxxx XXX, 0000 Xxxxxxxxx Telephone +00 0 0000 0000 Facsimile +00 0 0000 0000 1 Commercial in Confidence EXT-TermsOfTrade-171127.docx Email xxxx@xxxxxxx.xxx Website xxxxxxx.xxx times subject to availability of stock. teQwise shall keep the Client informed and updated as to stock availability from time to time.
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Availability of Stock. Any order that cannot be filled from our warehouse stock will automatically be back ordered and processed when stock becomes available unless requested otherwise. We will not be liable for any charges due to product unavailability.
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Availability of Stock. DHSC shall exercise reasonable commercial efforts to maintain sufficient inventories of all of its Products. However, in the event an item is out of stock, Retailers will need to place a reorder. DHSC does not guarantee that promotional pricing if any, will be available for re-ordered Product. DHSC will not place backorders for out of stock Products on a Retailer’s behalf.
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Related to Availability of Stock

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Availability of Common Shares The Company shall at all times until the expiration of the Option reserve and keep available, either in its treasury or out of its authorized but unissued Common Shares, the full number of Optioned Shares deliverable upon the exercise of this Option.

  • Reservation and Availability of Common Shares (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7.

  • Certain Representations; Reservation and Availability of Shares of Common Stock or Cash (a) This Agreement has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery hereof by the Warrant Agent, constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, and the Warrants have been duly authorized, executed and issued by the Company and, assuming due authentication thereof by the Warrant Agent pursuant hereto and payment therefor by the Holders as provided in the Registration Statement, constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms and entitled to the benefits hereof; in each case except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

  • Reservation and Availability of Shares of Preferred Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or out of authorized and issued shares of Preferred Stock held in its treasury, such number of shares of Preferred Stock as will from time to time be sufficient to permit the exercise in full of all outstanding Rights.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Status and Availability of Preferred Shares (a) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable shares.

  • Reservation and Availability of Preferred Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or any authorized and issued shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding and exercisable Rights. Upon the occurrence of any events resulting in an increase in the aggregate number of shares of Preferred Stock issuable upon exercise of all outstanding Rights in excess of the number then reserved, the Company shall make appropriate increases in the number of shares so reserved.

  • Availability of Shares of Preferred Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or any shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights.

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