Cancellation of Procurement Document Sample Clauses

Cancellation of Procurement Document. Except as otherwise mutually agreed to and specified in a [**] – Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Procurement Document, BTE may cancel a Procurement Document for Product(s), or any part thereof, without penalty provided that BTE provides Vendor with written notice of such cancellation, and such written notice is received by Vendor prior to either (i) the Delivery Date for Products set forth in Section 8.5.1, or (ii) the lead times for Products set forth in Sections 8.5.2 and 8.5.3. BTE may, upon written notice to Vendor, which notice is received by Vendor at least two (2) weeks prior to the Delivery Date or actual shipment date, whichever is earlier, postpone the Delivery Date of some or all of the Product(s) for up to eight (8) weeks, without penalty. BTE may, upon written notice to Vendor, which notice is received by Vendor prior to the Delivery Date or actual shipment date, whichever is earlier, change the destination to which some or all of the Products are to be delivered without penalty. BTE shall specify the revised Delivery Date, and as applicable, Installation Date, in the written notice to Vendor.
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Cancellation of Procurement Document. Except as otherwise mutually agreed to and specified in a Procurement Document, BTE may cancel a Procurement Document for Product(s), or any part thereof, without penalty provided that BTE provides Vendor with written notice of such cancellation, and such written notice is received by Vendor prior to either (i) the Delivery Date for Products set forth in Section 8.5.1, or (ii) the lead times for Products set forth in Sections 8.5.2 and 8.5.3. BTE may, upon written notice to Vendor, which notice is received by Vendor at least two (2) weeks prior to the Delivery Date or actual shipment date, whichever is earlier, postpone the Delivery Date of some or all of the Product(s) for up to eight (8) weeks, without penalty. BTE may, upon written notice to Vendor, which notice is received by Vendor prior to the Delivery Date or actual shipment date, whichever is earlier, change the destination to which some or all of the Products are to be delivered without penalty. BTE shall specify the revised Delivery Date, and as applicable, Installation Date, in the written notice to Vendor.
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Related to Cancellation of Procurement Document

  • Authorization of Receipt of Funds by the Trustee Under the Security Documents Subject to the provisions of the Intercreditor Agreement, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Security Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Application of Proceeds; Turnover Provisions All proceeds of Common Collateral (including without limitation any interest earned thereon) resulting from the sale, collection or other disposition of Common Collateral in connection with an Enforcement Action, whether or not pursuant to an Insolvency Proceeding, shall be distributed as follows: first to the First Priority Representative for application to the First Priority Obligations in accordance with the terms of the First Priority Documents, until the First Priority Obligations Payment Date has occurred and thereafter, to the Second Priority Representative for application in accordance with the Second Priority Documents. Until the occurrence of the First Priority Obligations Payment Date, any Common Collateral, including without limitation any such Common Collateral constituting proceeds, that may be received by any Second Priority Secured Party in violation of this Agreement shall be segregated and held in trust and promptly paid over to the First Priority Representative, for the benefit of the First Priority Secured Parties, in the same form as received, with any necessary endorsements, and each Second Priority Secured Party hereby authorizes the First Priority Representative to make any such endorsements as agent for the Second Priority Representative (which authorization, being coupled with an interest, is irrevocable).

  • Application to Master Agreements For the avoidance of doubt, Clause 22 does not apply in respect of sums due from the Borrower to a Swap Counterparty under or in connection with a Master Agreement as to which sums the provisions of section 2(d) (Deduction or Withholding for Tax) of that Master Agreement shall apply.

  • Application to Master Agreement For the avoidance of doubt, Clause 21.5 does not apply in respect of sums due from the Borrower to the Swap Bank under or in connection with the Master Agreement as to which sums the provisions of section 8 (Contractual Currency) of the Master Agreement shall apply.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or its Subsidiaries or further restricts the rights of the Borrower or its Subsidiaries or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect.

  • Authorization of Receipt of Funds by the Trustee Under the Collateral Documents Subject to the provisions of the Intercreditor Agreements, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Collateral Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Compliance with Laws and Agreements; No Default Except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, each Loan Party and each Subsidiary is in compliance with (i) all Requirements of Law applicable to it or its property and (ii) all indentures, agreements and other instruments binding upon it or its property. No Default has occurred and is continuing.

  • Compliance with Laws; Use of Proceeds Each Loan Party shall, and shall cause each of its Subsidiaries to, comply with all applicable Laws, including all Environmental Laws, in all respects; provided that it shall not be deemed to be a violation of this Section 8.1.7 if any failure to comply with any Law would not result in fines, penalties, remediation costs, other similar liabilities or injunctive relief which in the aggregate would constitute a Material Adverse Change. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.8 [Use of Proceeds] and as permitted by applicable Law.

  • Construction of Provisions Although certain provisions of this Agreement contain express language which precludes the Servicer's recovery of, or reimbursement for, expenses incurred hereunder, no inference to the contrary shall be drawn from absence of such, or similar, language in any other provision hereof regarding expenses.

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