Failure to Provide Reports. If at any time during the term of this Agreement, Borrower shall fail to timely provide any reports required to be provided by any Credit Party to Lender under this Agreement or any other Loan Document, in addition to all other rights and remedies that Lender may have under this Agreement and the other Loan Documents, Lender shall have the right to require, at each instance of any such failure, upon written notice to Borrower, that the Borrower redeem 2.5% of the aggregate amount of the Advisory Fee then outstanding, which cash redemption payment shall be due and payable by wire transfer of Dollars to an account designated by Lender within five (5) Business Days from the date the Lender delivers such redemption notice to the Borrower.
Failure to Provide Reports. So long as Buyer owns, legally or beneficially, any of the Securities, if the Company shall fail to timely provide any reports required to be provided by the Company and/or Guarantors to the Buyer under this Agreement or any other Transaction Document, in addition to all other rights and remedies that Buyer may have under this Agreement and the other Transaction Documents, Buyer shall have the right to require, at each instance of any such failure, upon written notice to the Company, that the Company redeem 2.5% of the aggregate amount of the Advisory Fee then outstanding, which cash redemption payment shall be due and payable by wire transfer of Dollars to an account designated by Buyer within five (5) Business Days from the date the Buyer delivers such redemption notice to the Company.
Failure to Provide Reports. If at any time during the term of this Agreement, Borrower shall fail to timely provide any reports required to be provided by Borrower to Lender under this Agreement or any other Loan Document, in addition to all other rights and remedies that Lender may have under this Agreement and the other Loan Documents, Lender shall have the right to require, at each instance of any such failure, upon written notice to Borrower, that the Borrower redeem Facility Fee Shares, for cash, in an amount equal to 8.33% of the Share Value for each failure to provide reports as required hereby, which cash redemption payment shall be due and payable by wire transfer to an account designated by Lender within five (5) Business Days from the date the Lender delivers such redemption notice to the Borrower.
Failure to Provide Reports. If the Supplier fails to provide reports as required by clause 5.5, HBDHB may, despite anything to the contrary in this Agreement, withhold some or all of any payments payable under this Agreement. HBDHB may withhold such payments from the date on which the Supplier was required to provide the report until the date on which the Supplier meets the reporting requirement to HBDHB's reasonable satisfaction.
Failure to Provide Reports. Seller’s failure to comply with its obligations regarding data formatting and submission compliance testing, or failure to remain compliant, or Seller’s failure to comply with its obligations regarding provision of information and reports described in Sections 9.1, 9.2, 9.3, 9.5, and/or 9.6 shall be deemed a material breach of this Agreement.
Failure to Provide Reports. In the event that Vista breaches this Agreement by failing to provide a Report or Reports as agreed, and Vista fails to cure in a reasonable time, not to exceed thirty (30) days, Company’s sole remedy shall be the cancellation of the remainder of the Agreement and be entitled to retain and use all works produced by Vista under the terms of this Agreement, subject to the limitation defined in Section 7. Under no circumstances may Company seek equitable remedies, including, but not limited to, specific performance for failure to provide a Report.
Failure to Provide Reports. So long as Buyer owns, legally or beneficially, any of the Securities, if the Company shall fail to timely provide any reports required to be provided by the Company and/or Guarantors to the Buyer under this Agreement or any other Transaction Document, in addition to all other rights and remedies that Buyer may have under this Agreement and the other Transaction Documents, Buyer shall have the right to require, at each instance of any such failure, upon fourteen (14) day written notice to the Company and cure period, that the Company redeem 2.5% of the aggregate amount of the Advisory Fee then outstanding, which cash redemption payment shall be due and payable by wire transfer of Dollars to an account designated by Buyer within five (5) Business Days from the date the Buyer delivers such redemption notice to the Company. The parties hereto acknowledge and agree that the first failure under this Section shall not constitute an Event of Default as set forth in the Debenture and incorporated by reference herein.
Failure to Provide Reports. 10.2.1. If the Organisation does not provide the Reports by the due dates, the relevant Funding Body may exercise its rights under clause 23.1.
Failure to Provide Reports. If at any time during the term of this Agreement, Borrower shall fail to timely provide any reports required to be provided by any Credit Party to Lender under this Agreement or any other Loan Document, in addition to all other rights and remedies that Lender may have under this Agreement and the other Loan Documents, Borrower shall pay to Lender Two Thousand Five Hundred and No/100 Dollars ($2,500.00), which cash payment shall be immediately due and payable by ACH transfer from the Payment Account or by wire transfer of Dollars to an account designated by Lender, at Lender’s sole discretion.
Failure to Provide Reports. So long as Buyer owns, legally or beneficially, any of the Securities, if the Company shall fail to timely provide any reports required to be provided by the Company and/or Guarantors to the Buyer under this Agreement or any other Transaction Document and such failure has not been cured within ten (10) Business Days of notice from the Buyer to the Company, in addition to all other rights and remedies that Buyer may have under this Agreement and the other Transaction Documents, Buyer shall have the right to require, at each instance of any such failure, upon written notice to the Company following the aforementioned cure period, that the Company redeem 2.5% of the aggregate amount of the Advisory Fee then outstanding, which cash redemption payment shall be due and payable by wire transfer of Dollars to an account designated by Buyer within ten (10) Business Days from the date the Buyer delivers such redemption notice to the Company.
