Delivery and Notice Sample Clauses

Delivery and Notice. All documents shall be delivered in person, by facsimile transmission (fax), by United States mail, or by private carrier to the last known address of the parties as given to the Administrator. Notice and other documents shall be considered to have been received on the day they are personally received or transmitted by fax, or on the day after they were postmarked, whichever is earlier.
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Delivery and Notice. From and after the Effective Time, at any time and from time to time (but subject to the provisos below), CEC shall have the right to cause the Co-Invest LLCs to contribute to CEC on behalf of the respective Co-Investors (in one or more instances), all of the right, title and interest in and to a number of CEC Shares not to exceed, in the aggregate based on all such contributions, the number of Delivered Shares set forth on Schedule I hereto. Further, CEC shall have the right to effect the contribution of any or all of the Delivered Shares from the Co-Invest LLCs to CEC (on behalf of the respective Co-Investors) by reflecting the same on CEC’s stock transfer ledger (it being understood that the CEC Shares are and shall continue to be uncertificated, and that each and every stock transfer annotation made by CEC upon such stock transfer ledger with respect to the contribution of any or all of the Delivered Shares shall be conclusive evidence of the valid contribution thereto absent manifest error); provided, that, (i) CEC may not cause a contribution of any Delivered Shares unless, substantially simultaneously therewith, CEC issues on a primary basis an aggregate number of new CEC Shares equal to or greater than the number of Delivered Shares so caused to be contributed by and to CEC (for the avoidance of doubt, with the result that the total number of CEC Shares outstanding immediately following the contribution of such amount of Delivered Shares shall be not less than the total number of CEC Shares outstanding immediately prior to such contribution), (ii) each contribution of Delivered Shares to CEC shall be pro rata based on the number of Delivered Shares then held by each Co-Invest LLC and pro rata among the Co-Investors who are indirect beneficial owners thereof, (iii) CEC shall deliver written notice (each, a “Delivery Notice”) to each Co-Invest LLC promptly following each recordation of a contribution of Delivered Shares to CEC, which notice shall specify the date of the contribution and the number of Delivered Shares per Co-Invest LLC that were contributed to CEC as contemplated by the foregoing, (iv) each Co-Invest LLC shall, promptly upon its receipt of a Delivery Notice, reflect such contribution of the respective Delivered Shares and the redemption (a “Delivery Redemption”) of a ratable amount of Series Units on such Co-Invest LLC’s respective unit and series transfer ledgers and such other appropriate books and records, if any, and (v) each Deli...
Sample 1
Delivery and Notice. 7.1 Unless otherwise agreed in this Agreement, all notices between parties thereof can be by fax, mail, express or other ways agreed by parties to deliver to the address, as follows: Party A: Shijiazhuang Office of China Orient Asset Management Corporation Contact: Zaoqian Liu TEL: 00000000000 FAX: 0000-00000000 Address: 00xx Xxxxx, Xxxxxx Xxxxxxxx, Xx. 00, Xxxxxxxxx Xxxx Xxxx, Xxxxxxxxxxxxxx Xxxx Zip code: 050000 Party B: Hebei Baoding Orient Paper Milling Company Limited Contact: Xxxxxxxx Xxx TEL: 00000000000 FAX: 0000-0000000 Address: Nanhuan Road, Xushui District, Baoding City Zip code: 072550 Party C1: Baoding Shengde Paper Co., Ltd. Contact: Xxxxxxxx Xxx TEL: 00000000000 FAX: 0000-0000000 Address: Nanhuan Road, Xushui District, Baoding City Zip code: 072550 Party C2: Xxxxxxxx Xxx TEL: 00000000000 Address: Nanhuan Road, Xushui District, Baoding City (Office Area of Hebei Baoding Orient Paper Milling Company Limited) Party C3: Xxxxxxxx Xxx TEL: Xxxxxxxx Xxx Address: Nanhuan Road, Xushui District, Baoding City (Office Area of Hebei Baoding Orient Paper Milling Company Limited) Party C4: Shuangxi Zhao TEL: 00000000000 Address: Nanhuan Road, Xushui District, Baoding City (Office Area of Hebei Baoding Orient Paper Milling Company Limited) 7.2 Notice shall be deemed to be delivered to the notified party on the following date: (1) Sending by a registered letter, the date on the receipt holding by the sending party; (2) Sending by fax, the first working day after receiving the confirmation of successful transmission; (3) Sending by express mail, the date signing by the recipient is the delivery date, if not signed by the recipient, the fourth working day after sending is the delivery date. 7.3 If one party’s mailing address or contact information has changes, it should notify other parties immediately in writing. Any loss caused by notification not in time shall be borne by the party changing the mailing address or contact information.
Sample 1
Delivery and Notice. Delivery of the Work Products is deemed to have taken place on posting or delivery to a carrier, or transmission by fax or internet, as the case may be, and the risk shall pass to Client. However, AbroadLink will retain a copy of the Work Products and in event of there being any loss or damage will forward a further copy free of charge. Any notice or other communication to be given under these T&C must be in writing and may be delivered or sent by prepaid certified first class letter post, fax or e-mail. Any notice shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by fax or e-mail, at the time of transmission.
Sample 1

Related to Delivery and Notice

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

  • Delivery and Payment Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, which date and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the “Closing Date”). Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Underwritten Securities and the Option Securities shall be made through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xx the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • Place of Delivery and Governing Law This Agreement shall be deemed in effect when a fully executed counterpart thereof is received by the Seller in the State of New York and shall be deemed to have been made in the State of New York. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  • Delivery and Redelivery of Securities for Carrying Purposes The Manager may deliver to you from time to time prior to the termination of the applicable AAU pursuant to Section 9.1 hereof against payment, for carrying purposes only, any Securities or Other Securities purchased by you under the applicable AAU or any Intersyndicate Agreement which the Manager is holding for sale for your account but which are not sold and paid for. You will redeliver to the Manager against payment any Securities or Other Securities delivered to you for carrying purposes at such times as the Manager may demand.

  • Closing Delivery and Payment 2 3.1 Closing.........................................................................................2 3.2 Delivery........................................................................................2

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

  • Delivery of Notice A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein).

  • Delivery Terms All products sent to Customer shall be sent EX Works (EXW) or FCA Company’s facility in El Cajon, CA, and in domestic packing. Customer will bear and pay for all taxes of any nature imposed prior to, at the time of, or after delivery to, the carrier at the EXW point. Customer shall also bear and pay for all charges for freight, shipping, consular fees, customs duties, and all costs and charges.

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