Failure to Advance Clause Samples

Failure to Advance. Any grievance not advanced to the next level by the grievant or union representative within the time limits provided shall be deemed withdrawn.

Failure to Advance. The grievant’s failure to advance a grievance to the next step within the time limits shall be a voluntary abandonment of the grievance and the grievant shall not thereafter be entitled to pursue said grievance. The grievance will be deemed settled. The Department’s failure to respond within the time limits set forth shall entitle the grievant to advance the grievance to the next step. Notwithstanding the timelines contained in this grievance procedure, the parties may mutually agree in writing to extend any timeline. The extension of a timeline in any instance does not constitute a waiver of the Department’s right to enforce timelines thereafter.

Failure to Advance. If an employee fails to file a written grievance or to appeal a grievance to the next step by the stated deadlines, then the grievance shall be considered permanently waived.

Failure to Advance. If the Lender fails to advance, or advances an amount less than validly requested, of any Loan in accordance with the terms of this Agreement, the Borrower shall promptly notify the Lender of such shortfall in amount advanced. Lender shall advance the amount of such shortfall to the Borrower within three Business Days of the receipt of notice from the Borrower.

Failure to Advance. Except as specifically set forth in Section 11.1(b) hereof, if Agent does not receive each other Lender’s Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of such requested cash advance, and (a) Borrower requests that Agent fund such Lender’s Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of such cash advance or (b) Agent otherwise elects, in its sole discretion, without any obligation at any time to any Lender to do so, to make the requested cash advance on behalf of such Lenders or any of them, Agent shall be entitled to receive each Lender’s Pro Rata Line Percentage or Pro Rata Cap Ex Percentage, as applicable, of each cash advance, together with interest at a per annum rate equal to the applicable interest rate set forth herein for the applicable Loan for such advance, during the period commencing on the date such cash advance is made and ending on (but excluding) the date Agent recovers such amount. Except as specifically set forth in Section 11.1(b) hereof, each Lender is absolutely and unconditionally obligated, without deduction or setoff of any kind, to forward to Agent its Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of each cash advance made pursuant to the terms of this Agreement. Agent shall also be entitled to recover any and all actual losses and damages (including, without limitation, reasonable attorneys’ fees) from any Lender failing to remit upon demand of Agent. Agent may set off the obligations of a Lender under this paragraph against any distributions or payments of the Obligations which Agent would otherwise make available to such Lender at any time. Notwithstanding the foregoing, Agent shall have no duty or obligation at any time for any reason to make any advance on behalf of any Lender.

Failure to Advance. If a Shareholder (the “Non-Advancing Shareholder”) fails to advance the amount required to be advanced pursuant to a request made in accordance with Section 3.7 by 5:00 p.m. on the 30th day after receipt of the written request for the loan, then: (a) each of the other Shareholders will have the option to advance to the Company all or part of the amount which the Non-Advancing Shareholder failed to advance; (b) the Company will pay interest to a Shareholder on all amounts advanced by him pursuant to such request and pursuant to Section (a) at Prime plus three percent (3%); and (c) the Company will repay amounts advanced pursuant to such request and pursuant to Section (a), including accrued interest thereon in priority to all other Loans. For greater certainty, the failure of a Shareholder to advance funds under Section 3.7 will not be considered a Default under Section 7.1 of this Agreement.

Failure to Advance