Deemed Insecure Sample Clauses

Deemed Insecure. Lender, at any time and in good faith, shall --------------- deem itself insecure (and for the purposes of this Agreement, Lender shall be entitled to deem itself insecure when some event occurs, fails to occur of is threatened or some objective condition exists or is threatened which significantly impairs the prospects that any of the Obligations will be paid when due, or which significantly affects the financial or business condition of Borrower).
Sample 1Sample 2See All (7)
AutoNDA by SimpleDocs
Deemed Insecure. In the event and at such time as Secured Party reasonably deems the security interest in the Shares granted pursuant to Paragraph 2 of this Agreement to be insufficient to secure payment and performance of the Obligations, Secured Party may, pursuant to the terms of this Agreement, require Borrower and Borrower hereby agrees (a) to grant Secured Party a security interest in such additional property as Secured Party in its sole discretion may designate; and (b) to procure, execute and deliver any endorsements, assignments, financing statements and any other writing or instrument deemed necessary and appropriate by Secured Party to perfect, maintain and protect its security interest in such additional property and the priority thereof. Such additional property shall be considered Collateral for all purposes of this Agreement.
Sample 1Sample 2
Deemed Insecure. Whenever Microsoft determines in its discretion that MZI's financial condition is reasonably likely to affect adversely MZI's ability to perform this Agreement according to its terms, Microsoft, in addition to its other remedies, shall have the right to deem its position as insecure and by immediately effective notice to change the payment terms so that each Microsoft payment thereafter is expressly conditioned upon, and not due until, MZI furnishes Microsoft with lien waivers or other evidence satisfactory to Microsoft showing that (i) MZI has paid all suppliers and interested parties and that the Goods and Services to which the payment relates have been delivered and furnished to Microsoft free of liens, claims, or encumbrances, and (ii) MZI is solely entitled to such payment. ***[REDACTED]-Confidential treatment requested***
Sample 1
Deemed Insecure. Lender reasonably shall deem itself, its security interest, the Land or the Obligations unsafe or insecure; or should Lender otherwise reasonably believe that the prospect of payment or other performance is impaired.
Sample 1

Related to Deemed Insecure

  • Deemed receipt A notice shall be deemed to have been given and received: (a) if sent by hand or recorded delivery, at the time of delivery; (b) if sent by prepaid first class post from and to any place within the United Kingdom, 3 Working Days after posting unless otherwise proven; and (c) if sent by email (subject to confirmation of receipt of delivery) before 17:00 hours on a Working Day, on the day of transmission and, in any other case at 09:00 hours on the next Working Day.

  • Bona Fide Eligible Accounts The Eligible Accounts are bona fide existing obligations. The property and services giving rise to such Eligible Accounts has been delivered or rendered to the account debtor or to the account debtor’s agent for immediate and unconditional acceptance by the account debtor. Borrower has not received notice of actual or imminent Insolvency Proceeding of any account debtor that is included in any Borrowing Base Certificate as an Eligible Account.

  • Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

  • Notice to Account Debtors Lender may, at any time after an Event of Default, notify the account debtors and obligors of any accounts, chattel paper, negotiable instruments or other evidences of indebtedness to Borrower included in the Property to pay Lender directly. Borrower shall at any time or from time to time upon the request of Lender provide to Lender a current list of all such account debtors and obligors and their addresses.

  • Selection of Eligible Foreign Custodian The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation: (i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets; (iii) The Eligible Foreign Custodian's general reputation and standing; and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.

  • Collateral Held by Warehouseman, Bailee, etc If any Collateral is at any time in the possession or control of a warehouseman, bailee, agent or processor of such Grantor, (i) notify the Administrative Agent of such possession or control, (ii) notify such Person of the Administrative Agent’s security interest in such Collateral, (iii) instruct such Person to hold all such Collateral for the Administrative Agent’s account and subject to the Administrative Agent’s instructions and (iv) use commercially reasonable efforts to obtain an acknowledgment from such Person that it is holding such Collateral for the benefit of the Administrative Agent.

  • Direction as to Eligible Foreign Custodian Notwithstanding this Delegation Schedule, the Fund, acting through its Board, its Investment Advisor or its other Authorized Representative, may direct the Delegate to place and maintain the Fund's Assets with a particular Eligible Foreign Custodian, including without limitation with respect to investment in countries as to which the Custodian will not provide delegation services. In such event, the Delegate shall be entitled to rely on any such instruction as an Instruction under the terms of the Custodian Agreement and shall have no duties under this Delegation Schedule with respect to such arrangement save those that it may undertake specifically in writing with respect to each particular instance.

  • SELECTION OF ELIGIBLE FOREIGN CUSTODIANS Subject to the provisions of this Section 3.2, the Foreign Custody Manager may place and maintain the Foreign Assets in the care of the Eligible Foreign Custodian selected by the Foreign Custody Manager in each country listed on Schedule A, as amended from time to time. In performing its delegated responsibilities as Foreign Custody Manager to place or maintain Foreign Assets with an Eligible Foreign Custodian, the Foreign Custody Manager shall determine that the Foreign Assets will be subject to reasonable care, based on the standards applicable to custodians in the country in which the Foreign Assets will be held by that Eligible Foreign Custodian, after considering all factors relevant to the safekeeping of such assets, including, without limitation the factors specified in Rule 17f-5(c)(1).

  • Deemed Resignation Upon termination of Executive’s employment for any reason, Executive shall be deemed to have resigned from all offices and directorships, if any, then held with the Company or any of its subsidiaries.

  • Advice of the Fund and Service Providers If ALPS is in doubt as to any action it should or should not take, ALPS may request directions, advice, or instructions from the Fund or, as applicable, the Fund’s investment adviser, custodian, or other service providers.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!