Failure to issue Sample Clauses

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.
Sample 1Sample 2Sample 3See All (14)
AutoNDA by SimpleDocs
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
Sample 1Sample 2See All (5)
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).
Sample 1Sample 2
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.
Sample 1Sample 2
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.
Sample 1
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.
Sample 1
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.
Sample 1
AutoNDA by SimpleDocs
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
Sample 1
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: (1) any of the conditions and requirements set forth in Section 6.1 and Section 6.2 have not been satisfied; or (2) the City has exercised any rights or discretion it may have under Section 6.3 provided that the City issues PID Bonds for such phase within a reasonable amount of time after the conditions allowing for the City to exercise such rights or discretion no longer exist.
Sample 1

Related to Failure to issue

  • Failure to Insure If Tenant fails to maintain any insurance which Tenant is required to maintain pursuant to this Article X, Tenant shall be liable to Landlord for any loss or cost resulting from such failure to maintain. Tenant may not self-insure against any risks required to be covered by insurance without Landlord's prior written consent.

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction. (B) If Buyer(s) fail to purchase the property as provided in this contract: Seller(s) may exercise legal remedies including suit for specific performance or damages. Seller(s) may elect to retain Xxxxxxx Money deposit as liquidated damages for breach of contract, in this case, it is agreed that Agent may retain from such Xxxxxxx Money deposit an amount not greater than his total commission of the sale had been consummated and the residue, if any, will be paid to Seller(s). (C) Xxxxx(s) and Seller(s) further agree that in the event of default by either that results in litigation, that the non-defaulting party may recover reasonable attorney fees and any other court costs, in addition to other damages provided for herein.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!