Failure to issue. If, for any reason (including, without limitation, the failure of the relevant trade), a Note is not to be issued in accordance with a Note Transaction, the Issuer and the relevant Dealer shall immediately notify the Agent of that fact.
Failure to issue any failure by the Issuer to issue on the agreed Issue Date any Notes which a Dealer has agreed to purchase (unless such failure is as a result of the failure by the Relevant Dealer to pay the aggregate purchase price for such Notes); or
Failure to issue. If Landlord refuses or fails to furnish a Certificate of Completion, Landlord shall, within forty-five (45) days, provide Tenant with a written statement specifying the reasons Landlord refused or failed to furnish the Certificate of Completion and identifying the items Tenant shall complete or requirements it shall satisfy to obtain a Certificate of Completion.
Failure to issue a Statement does not affect the rights and obligations of the Parties under this Agreement and is not a breach of a material obligation of this Agreement under Clause 11.1(c) (Material Obligations).
Failure to issue any failure by the Issuer to issue the Bonds on the Closing Date (unless such failure is a result of the failure by the Joint Bookrunners to pay the net subscription monies for the Bonds); or
Failure to issue. If, for any reason (including, without limitation, the failure of the relevant trade), the Issuer and the relevant Dealer agree that a Treasury Note is not to be issued in accordance with an agreement for a Note Transaction, the Issuer together with the relevant Dealer shall immediately notify the Domiciliary Agent of that fact. No cancellation of any issue will be possible after 10 a.m. (Brussels time) on the Business Day before the Issue Date in case the Treasury Notes are denominated in euro, and before 10 a.m. (Brussels time) on the Business Day before the Issue Date of such Treasury Notes, in case the Treasury Notes are denominated in any Foreign Currency (or such other time as from time to time agreed with or imposed by the NBB), after which time no such cancellation shall be possible.
Failure to issue. The Issuer covenants with the Dealers that it will keep the Dealers indemnified against any losses which they may incur as a result of Notes not being issued for any reason (other than (1) any failure of a Dealer to pay or (2) either of the conditions in Clause 3(B)(8) or 3(B)(14) not having been fulfilled) after an agreement for the purchase of such Notes has been made.
Failure to issue. If for any reason the Issuer fails to issue the Notes to be purchased by UBS (or its designee, as applicable) on the Note Purchase Date for such Notes as provided in Section 2(c) above, or any of the conditions specified in Section 3(b) below shall not have been fulfilled by the time required on such Note Purchase Date, then such occurrence shall constitute an “Issuance Failure” for purposes hereof; provided, in no event shall an Issuance Failure be deemed to have occurred as a result of the failure of the condition set forth in Section 3(b)(3). Upon the occurrence of an Issuance Failure, the Issuer shall pay to UBS, promptly upon demand, in immediately available funds, an amount (not less than zero) equal to the sum of all Breakage Costs and all Make-Whole Amounts owing with respect to the Notes that were to be purchased on such Note Purchase Date. A certificate of UBS setting forth a reasonable calculation of the Breakage Costs and Make-Whole Amounts, as the case may be, shall be delivered to the Issuer and shall be conclusive absent manifest error.
Failure to issue. In the event PID Bonds for a particular phase of the Project are not issued as a result of any act or omission of the City and by no fault of Developer, and a period of 90 days to cure such non-occurrence has passed, then (a) the City shall—if Developer petitions for disannexation—disannex the applicable portion of the Property (and any remaining portion of the Property for which PID Bonds have not been issued) within 30 days’ of the filing of the disannexation petition by Developer and such property shall thereafter be immune to involuntary annexation by the City for a period of 30 years and, (b) upon such notice, the City shall be deemed to have consented to the formation of a municipal utility district or similar utility or improvement district created by special act of the Texas Legislature, TCEQ, or the Collin County Commissioners Court on the portion of the Property disannexed pursuant to this paragraph. If PID Bonds have issued for prior phases of the Project or assessments have been levied for prior phases of the Project, those phases shall remain within the limits of City and the PID and shall not be eligible for inclusion into such special district. Notwithstanding the foregoing or any other provision of this Agreement, this section shall not apply and disannexation shall not be required in the event that PID Bonds for a particular phase of the Project are not issued by the City because:
