Failure to Deliver Securities. If the Target Portfolio is unable to make delivery pursuant to Section 3(B) hereof to the Custodian of any of the securities of the Target Portfolio for the reason that any such securities purchased by the Target Portfolio have not yet been delivered it by the Target Portfolio’s broker or brokers, then, in lieu of such delivery, the Target Portfolio shall deliver to the Custodian, with respect to said securities, executed copies of an agreement of assignment and due bills executed on behalf of such broker or brokers, together with such other documents as may be required by the Acquiring Portfolio or Custodian, including brokers’ confirmation slips.
Failure to Deliver Securities. If any Holder fails to deliver any Securities to be acquired, transferred or exchanged under Article 3, the acquirer may elect to establish a segregated account in the amount of the price to be paid therefore, such account to be turned over to such Holder upon delivery of instruments transferring the Securities and upon compliance by such Holder with any other applicable provisions under Article 3. If a segregated account is so established, the Company shall take such action as is appropriate to transfer record title to the Securities from such Holder to the acquirer. Each Holder hereby irrevocably grants the Company a power of attorney, which power of attorney is deemed coupled with any interest, to effectuate the purposes of this Section 5.1.
Failure to Deliver Securities. If, on the Delivery Date, the Acquired Fund is unable to make delivery under paragraph 2.C. to the Custodian or the Foreign Custodian of any of the portfolio securities of the Acquired Fund, the Acquiring Fund may waive the delivery requirements of paragraph 2.C. with respect to said undelivered securities, if the Acquired Fund has delivered to the Custodian or the Foreign Custodian by or on the Delivery Date and, with respect to said undelivered securities, such documents in the form of executed copies of an agreement of assignment and escrow agreement and due bills and the like as may be required by the Acquiring Fund or the Custodian or the Foreign Custodian, including brokers’ confirmation slips.
Failure to Deliver Securities. If the Acquired Portfolio is unable to make delivery pursuant to Section 3B hereof to the Custodian of any of the Acquired Portfolio's securities for the reason that any of such securities purchased by the Acquiring Portfolio have not yet been delivered to it by the Acquired Portfolio's broker or brokers, then, in lieu of such delivery, the Acquired Portfolio shall deliver to the Custodian, with respect to said securities, executed copies of an agreement of assignment and due bills executed on behalf of said broker or brokers, together with such other documents as may be required by the Acquiring Portfolio or Custodian, including brokers' confirmation slips.
Failure to Deliver Securities. If any Member fails to deliver any Units to be acquired, Transferred or exchanged hereunder, the acquiror may elect to establish a segregated account in the amount of the price to be paid therefor, such account to be turned over to such Member upon delivery of instruments Transferring the Units. If a segregated account is so established, the Company shall take such action as is appropriate to Transfer record title to the Units from such Member to the acquiror. Each Member hereby irrevocably grants the Company a power of attorney to effectuate the purposes of this Section.
Failure to Deliver Securities. If any Securityholder who has become obligated to sell Securities hereunder shall fail to deliver such Securities to the Corporation in accordance with the terms of this Agreement, the Corporation may, at its option, send to such Securityholder by registered mail, return receipt requested, the consideration for such Securities as is herein specified. Thereupon, the Corporation shall (i) cancel on its books the certificate or certificates in the name of the Corporation representing such Securities and (ii) issue, in lieu thereof, a new certificate or certificates in the name of the Corporation representing such Securities, and thereupon all of such Securityholder’s rights in and to such Securities shall terminate, subject to any previously asserted and outstanding claim by such Securityholder. [Signature Page Follows]
Failure to Deliver Securities. If the Target Fund is unable to make delivery pursuant to Section III.B. hereof to the Custodian of any of the securities of the Target Fund then, in lieu of such delivery, the Target Fund shall deliver to the Custodian, with respect to said securities, executed copies of an agreement of assignment and due bills, together with such other documents as may be required by the Acquiring Fund or Custodian.
Failure to Deliver Securities. If any Investor Stockholder or other holder of Shares (or the Investor Stockholders’ or such other holder’s estate or any other representative of such Investor Stockholder or holder of Shares) who has become obligated to sell Shares under this Agreement shall fail to deliver such Shares on the terms and in accordance with this Agreement, the Company, in addition to all other remedies it may have, may send to the such obligated party by registered mail, return receipt requested, the purchase price for such Shares on the terms provided for in this Agreement. Thereupon, the Company, upon written notice to such holder, shall cancel on its books the Shares to be sold; and thereupon, all of such obligated holder’s rights in and to such Shares shall terminate.
Failure to Deliver Securities. If any Member or holder of a Unit Equivalent fails to deliver any interests to be acquired, Transferred or exchanged hereunder, the acquiror may elect to establish a segregated account in the amount of the price to be paid therefor, such account to be turned over to such Member or holders of a Unit Equivalent upon delivery of instruments Transferring the interests. If a segregated account is so established, the Company shall take such action as is appropriate to Transfer record title to the interests from such Member or holder of a Unit Equivalent to the acquiror. Each Member, and holder of a Unit Equivalent hereby irrevocably grants the Company a power of attorney to effectuate the purposes of this Section.
Failure to Deliver Securities. If, on the Delivery Date, an Acquired Fund is unable to make delivery under paragraph 2.C. to the Custodian of any of the portfolio securities of the Acquired Fund, the Acquiring Fund may waive the delivery requirements of paragraph 2.C. with respect to said undelivered securities, if the Acquired Fund has delivered to the Custodian by or on the Delivery Date and, with respect to said undelivered securities, such documents in the form of executed copies of an agreement of assignment and escrow agreement and due bills and the like as may be required by the Acquiring Fund or the Custodian, including brokers’ confirmation slips.
