Failure to Issue Bonds Sample Clauses

Failure to Issue Bonds. The Parties agree that in the event the Authority does not initiate good faith efforts to issue1 the Bonds within five (5) business days of StadiumCo’s request for issuance, the Authority will be in material breach of this Development Agreement, and this Development Agreement may, at StadiumCo’s sole discretion, be terminated and/or StadiumCo may pursue all other rights and remedies provided for in this Development Agreement and/or as otherwise available to StadiumCo at law or in equity; provided, however, 1 Good faith efforts shall include the Authority’s written notice to Authority and Metro Government bond counsel, underwriter and underwriter’s counsel, and any other necessary parties, to initiate all reasonably necessary and typical actions to issue the Bonds. Provided, that while the Authority and Metro Government agree to support the issuance and marketing of the Bonds, the Authority and Metro Government make no representations that the Bonds will be issuable on reasonable market terms at the time, and shall have no liability to any Party (or their Affiliates) if the Bonds are not marketable, or not marketable on reasonably acceptable terms, at any time. that such request may not be made until the earlier to occur of (i) a trial court opinion favorable to Defendant and Intervening Defendants with respect to the Litigation and (ii) September 30, 2020. In the event there is a trial court opinion unfavorable to Defendant and Intervening Defendants, the parties agree to meet within ten (10) business days after the date of such unfavorable opinion (or lapse of time) to discuss in good faith the next steps to be taken with respect to the construction of the Stadium Project Improvements. The above notwithstanding, neither Party (or their affiliates), waives any rights pursuant to that certain Term Sheet, dated February 22, 2020, by and between Metro Government and Nashville Soccer Holdings, LLC.
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Related to Failure to Issue Bonds

  • Redemption of Bonds The Authority shall take, or cause to be taken, the actions required by the Indenture to discharge the lien created thereby through the redemption, or provision for payment or redemption, of all Bonds then Outstanding, or to effect the redemption, or provision for payment or redemption, of less than all the Bonds then Outstanding, upon receipt by the Authority and the Trustee from the Company of a notice designating the principal amount of the Bonds to be redeemed, or for the payment or redemption of which provision is to be made, and, in the case of redemption of Bonds, or provision therefor, specifying the date of redemption and the applicable redemption provision of the Indenture. Such redemption date shall not be less than 45 days from the date such notice is given (unless a shorter notice is satisfactory to the Trustee). Unless otherwise stated therein, such notice shall be revocable by the Company at any time prior to the time at which the Bonds to be redeemed, or for the payment or redemption of which provision is to be made, are first deemed to be paid in accordance with Article VIII of the Indenture. The Company shall furnish any moneys or Government Obligations (as defined in the Indenture) required by the Indenture to be deposited with the Trustee or otherwise paid by the Authority in connection with any of the foregoing purposes.

  • The Bonds Each Class of Bonds shall be registered in the name of a nominee designated by the Depository. Beneficial Owners will hold interests in the Bonds through the book- entry facilities of the Depository in minimum initial Bond Principal Balances of $25,000 and integral multiples of $1 in excess thereof. The Indenture Trustee may for all purposes (including the making of payments due on the Bonds) deal with the Depository as the authorized representative of the Beneficial Owners with respect to the Bonds for the purposes of exercising the rights of Holders of the Bonds hereunder. Except as provided in the next succeeding paragraph of this Section 4.01, the rights of Beneficial Owners with respect to the Bonds shall be limited to those established by law and agreements between such Beneficial Owners and the Depository and Depository Participants. Except as provided in Section 4.08 hereof, Beneficial Owners shall not be entitled to definitive certificates for the Bonds as to which they are the Beneficial Owners. Requests and directions from, and votes of, the Depository as Holder of the Bonds shall not be deemed inconsistent if they are made with respect to different Beneficial Owners. The Indenture Trustee may establish a reasonable record date in connection with solicitations of consents from or voting by Bondholders and give notice to the Depository of such record date. Without the consent of the Issuer and the Indenture Trustee, no Bond may be transferred by the Depository except to a successor Depository that agrees to hold such Bond for the account of the Beneficxxx Owners.

  • Notice to Issuer Documents will be considered to have been delivered to the Issuer on the next business day following the date of transmission, if delivered by fax, the date of delivery, if delivered by hand during normal business hours or by prepaid courier, or 5 business days after the date of mailing, if delivered by mail, to the following: PHIVIDA HOLDINGS INC. 17 – 0000 Xxxxxx Xxxxxx Vancouver, BC V6G 1M9 Attention: Xxxx-Xxxxx Xxxxxxxxxxx, President & CEO Email: xxxx@xxxxxxx.xxx

  • Bonds The Contractor shall furnish both a performance bond and a payment bond and shall pay the premiums thereon as a Cost of the Work. The Performance Bond shall guarantee the full performance of the Contract.

  • Construction Bonds In accordance with 153.54, et. seq. of the Ohio Revised Code, the recipient shall require that each of its Contractors furnish a performance and payment bond in an amount at least equal to 100 percent (100%) of its contract price as security for the faithful performance of its contract;

  • Issuance of Notes The Owner Trustee is hereby authorized and directed on behalf of the Trust to execute, issue and deliver the Notes pursuant to the Indenture.

  • Redemption or Repurchase of Securities As disclosed in Schedule B, the Company may repurchase or redeem the Securities subject to certain conditions.

  • MORTGAGE BOND If the sale is subject to the Purchaser obtaining a mortgage bond as per clause 12 of the terms and conditions: Mortgage bond amount R Institution If not completed, sale is unconditional and clause 12 of the terms and conditions does not apply. Purchaser specifically acknowledges this clause

  • Contract Bonds Contract bonds shall conform to the requirements of Section 103.05.

  • ISSUE OF GLOBAL NOTES 3.1 Subject to subclause 3.4, following receipt of a faxed copy of the applicable Final Terms signed by the Issuer, the Issuer authorises the Agent and the Agent agrees, to take the steps required of the Agent in the Procedures Memorandum.

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