Delivery of Objection Notice Sample Clauses

Delivery of Objection Notice. If the Purchaser (in the case of the draft Pre-Closing Date Statement) or the Vendor (in the case of the draft Final Closing Date Statement) (in each case, the “Objecting Party”) objects in good faith to any item of the Pre-Closing Date Statement or the Final Closing Date Statement respectively delivered to it by the other party pursuant to subsection 2.4(a) or (b), as the case may be (the “Delivering Party”), the Objecting Party shall so advise the Delivering Party by delivery of a written notice (the “Objection Notice”) within five (5) Business Days after the delivery of the Pre-Closing Date Statement or the Final Closing Date Statement, as the case may be. The Objection Notice shall set out the reasons for the Objecting Party’s objection as well as the amount in dispute and reasonable details of the calculation of such amount. If the Objecting Party does not deliver an Objection Notice within the five (5) Business Day period contemplated by this subsection, it will be deemed to have accepted and agreed to the Pre-Closing Date Statement or Final Closing Date Statement, as the case may be.
Sample 1
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Delivery of Objection Notice. The Closing Date Financial Statements shall become final and binding upon the Seller and Idlewood Properties on the 10th day following delivery thereof unless, prior to such date, the Seller (on behalf of itself and Idlewood Properties) advises the Purchaser by delivery to the Purchaser of a written notice (the “Objection Notice”) objecting in good faith to any item of the Closing Date Financial Statements. The Objection Notice shall set out the reasons for each of the Seller’s objections as well as each amount in dispute and reasonable details of the calculation of each such amount in dispute. If the Closing Date Financial Statements require that the Seller and Idlewood Properties make a payment to the Purchaser as contemplated by Section 3.5, the Seller and Idlewood Properties, at the same time any Objection Notice is given to the Purchaser, will pay to the Purchaser the amount to be paid to the Purchaser except for the specific amount in dispute as reflected in the Objection Notice.
Sample 1
Delivery of Objection Notice. If the Purchaser objects in good faith to any aspect of the Closing Statement, the Purchaser shall give written notice of such objection to the Vendor (the “Objection Notice”) within 45 days after the delivery to the Purchaser of the Closing Statement. The Objection Notice shall, for each such objection, set out the reasons for the Purchaser’s objection as well as the amount in dispute and reasonable details of the calculation of such amount. If the Purchaser does not so notify the Vendor within such 45 day period, the Purchaser will be deemed to have accepted and approved the Closing Statement, which will be deemed final, conclusive and binding upon the Parties.‌
Sample 1

Related to Delivery of Objection Notice

  • Notice of Objection Contractor may object to any action taken by NYSERDA pursuant to this Exhibit that prevents the commencement of the time in which interest will be paid by submitting a written notice of objection to NYSERDA. Such notice shall be signed and dated and concisely and clearly set forth the basis for the objection and be addressed to the Vice President, New York State Energy Research and Development Authority, at the notice address set forth in Exhibit B to this Agreement. The Vice President of NYSERDA, or his or her designee, shall review the objection for purposes of affirming or modifying NYSERDA‘s action. Within fifteen (15) working days of the receipt of the objection, the Vice President, or his or her designee, shall notify the Contractor either that NYSERDA‘s action is affirmed or that it is modified or that, due to the complexity of the issue, additional time is needed to conduct the review; provided, however, in no event shall the extended review period exceed thirty (30) working days.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Dispute Notice If there is a dispute between the parties, then either party may give a notice to the other succinctly setting out the details of the dispute and stating that it is a dispute notice given under this clause 17.1.

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • Response to Objections Each Party retains the right to respond to any objection raised by a Participating Class Member, including the right to file responsive documents in Court no later than five court days prior to the Final Approval Hearing, or as otherwise ordered or accepted by the Court.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

  • Closing Date Delivery 2 2.1 Closing.........................................................................................2

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

  • Date of Delivery of Advance Notice An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.

  • Failure to Timely Deliver; Buy-In If the Company fails to (i) issue and deliver (or cause to be delivered) to the Investor by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Investor that is free from all restrictive and other legends or (ii) credit the balance account of such Investor’s or such Investor’s nominee with DTC for such number of Conversion Shares so delivered to the Company, then, in addition to all other remedies available to such Investor, the Company shall pay in cash to such Investor on each day after the Required Delivery Date that the issuance or credit of such shares is not timely effected an amount equal to 2% of the original principal amount of such Investor’s Note. In addition to the foregoing, if the Company fails to so properly deliver such unlegended certificates or so properly credit the balance account of such Investor’s or such Investor’s nominee with DTC by the Required Delivery Date, and if on or after the Required Delivery Date such Investor (or any other Person in respect, or on behalf, of such Investor) purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by such Investor of all or any portion of the number of shares of Common Stock, or a sale of a number of shares of Common Stock equal to all or any portion of the number of shares of Common Stock, that such Investor so anticipated receiving from the Company without any restrictive legend, then, in addition to all other remedies available to such Investor, the Company shall, within three (3) Trading Days after such Investor’s request and in such Investor’s sole discretion, either (i) pay cash to such Investor in an amount equal to such Investor’s total purchase price (including brokerage commissions and other out-of-pocket expenses, if any) for the shares of Common Stock so purchased (including brokerage commissions and other out-of-pocket expenses, if any) (the “Buy-In Price”), at which point the Company’s obligation to so deliver such certificate or credit such Investor’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to so deliver to such Investor a certificate or certificates or credit such Investor’s DTC account representing such number of shares of Common Stock that would have been so delivered if the Company timely complied with its obligations hereunder and pay cash to such Investor in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Conversion Shares that the Company was required to deliver to such Investor by the Required Delivery Date multiplied by (B) the lowest Closing Sale Price (as define in the Note) of the Common Stock on any Trading Day during the period commencing on the date of the delivery by such Investor to the Company of the applicable Conversion Shares and ending on the date of such delivery and payment under this clause (ii).

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