Failure to Meet Conditions. If the Agency determines that it cannot exe- cute the Loan Note Guarantee because all requirements have not been met, the lender will have a reasonable pe- riod within which to satisfy the objec- tions. If the lender satisfies the objec- tions within the time allowed, the guarantee will be issued.
Failure to Meet Conditions issue of Securities
Failure to Meet Conditions. In case any of the material conditions set forth in this Agreement are not satisfied in full in WC's sole opinion (acting reasonably), at the Time of Closing, WC may terminate this Agreement by notice in writing to SST and in such event WC shall be released from all obligations hereunder, without in any way limiting any other rights or remedies which may be available to WC at law or in equity or otherwise; provided, however, that WC shall be entitled to waive compliance with any such conditions in whole or in part if it sees fit to do so. Any waiver by WC of a specific condition shall be without prejudice to any of WC's rights of termination in the event of non-performance of any other condition in whole or in part, any such waiver to be binding upon WC only if the same is in writing. Notwithstanding the foregoing, in the event that SST's failure to meet a condition is due to the action or inaction of a third party and provided that SST has used its reasonable best efforts to satisfy such condition, WC shall be precluded from claiming any Loss arising therefrom.
Failure to Meet Conditions. In case any of the conditions set forth in this Agreement are not satisfied in full on or before the Time of Closing, Sellers may at any time terminate this Agreement by notice in writing to Buyer and in such event Sellers shall be released from all obligations hereunder, without in any way limiting any other rights or remedies which may be available to Sellers, at law or in equity or otherwise; provided, however, that Sellers shall be entitled to waive compliance with any such conditions in whole or in part if it sees fit to do so without prejudice to any of its rights of termination in the event of non-performance of any other condition in whole or in part, any such waiver to be binding upon Sellers only if the same is in writing.
Failure to Meet Conditions. For the sake of clarity, if none of the conditions set forth in Section 1.08(a) are satisfied, then there shall be no obligation to pay Holdings any portion of the Contingent Amount.
Failure to Meet Conditions. In the event that any condition to the Conversion of the Bonds shall not have been satisfied as provided in this Section or otherwise under this Indenture, then the Interest Rate Period shall not be Converted and the Bonds shall continue to bear interest at the Weekly Interest Rate, Daily Interest Rate, Long-Term Interest Rate (for a Long-Term Interest Rate Period of 181 days) or Bond Interest Term Rates, as the case may be, as in effect immediately prior to such proposed Conversion, and the Bonds shall continue to be subject to mandatory tender for purchase on the date which would have been the effective date of the Conversion as provided in Section 2.16(d) hereof.
Failure to Meet Conditions. In the event that any condition to the Conversion of Series 2014A Certificates (other than ARS) shall not have been satisfied as provided in this Section 203 or otherwise under the Series 2014A Trust Agreement, then the Interest Rate Period shall not be converted and the Series 2014A Interest shall continue to accrue at the Weekly Rate, Daily Rate, Long-Term Rate (unless (1) the School Board is able to obtain a Favorable Opinion, and a Liquidity Facility meeting the requirements hereof with respect to Weekly Rate Periods is in effect, in which case the Series 2014A Certificates subject to such Conversion shall be converted to Weekly Rate Certificates, or (2) if no such Liquidity Facility is then in effect but the School Board is able to obtain a Favorable Opinion, in which case the Series 2014A Certificates subject to such Conversion shall be converted to the shortest possible Long-Term Rate Period), Index Floating Rate and/or Certificate Interest Term Rates, as the case may be, as in effect immediately prior to such proposed Conversion, and the Series 2014A Certificates subject to such Conversion shall continue to be subject to mandatory tender for purchase on the date which would have been the Conversion Date as provided in Section 307(b). In the event of a failed remarketing of any Series 2014A Certificates (other than ARS) at the Weekly Rate, Daily Rate, Long-Term Rate, Index Floating Rate and/or Certificate Interest Term Rates prescribed in the preceding sentence, then the Series 2014A Interest represented by such Series 2014A Certificates shall be determined as provided in Section 202(g) hereof. In the event of a failed Conversion from an ARS Interest Rate Period, the Series 2014A Interest represented by ARS shall be calculated at the ARS Maximum Rate for the Auction Period, which shall be a seven-day Auction Period, commencing on the date which would have been the Conversion Date and such ARS will not be subject to mandatory tender for purchase on the date which would have been the Conversion Date.
Failure to Meet Conditions. If, prior to the termination of the Escrow Period, the Corporation has not met the conditions of the Offering as set forth in the Prospectus, including acceptance of Qualifying Subscriptions for at least $2,400,000 in shares of Common Stock, then the Escrow Agent, upon instructions from the Corporation as to the income earned by each subscriber on the subscriber's subscription funds, shall promptly refund to each subscriber the amount received from the subscriber, without deduction, penalty, or expense to the subscriber, together with any interest as has been credited to him, in the form of the Escrow Agent's check and the Escrow Agent shall inform the Corporation of its distribution of the funds. Income received from the investment of the Escrow Amount shall be credited to the subscribers in proportion to the amounts deposited with respect to each subscriber and in proportion to the number of days the collected Escrow Amount from each subscriber is held in the Escrow Account.
Failure to Meet Conditions. If, prior to the termination of the -------------------------- Escrow Period, the Corporation has not accepted Qualifying Subscriptions for at least $7,000,000, then the Escrow Agent shall promptly refund to each subscriber the amount received from the subscriber, without deduction, penalty, interest or expense to the subscriber in the form of the Escrow Agent's check and the Escrow Agent shall inform the Corporation of its distribution of the funds. The purchase money returned to each subscriber shall be free and clear of any and all claims of the Corporation or any of its creditors.
Failure to Meet Conditions. If Borrower shall fail to fulfill any of the conditions set forth in Section 4 on or prior to September 30, 1996, then the Credit Agreement shall continue in full force and effect without regard to the consents and amendments set forth in this Amendment (except for the consents and amendments set forth in Sections 3.2, 3.3 (relating to the definition of MRR Attrition), 3.4 through 3.7, 3.9 through 3.11, 3.13, 3.14, 3.17, 3.21 and 3.23 through 3.31 of this Amendment, which shall be deemed effective upon satisfaction of the conditions set forth in
