Failure to Settle. If the Trustee fails to enter an SDFS deliver order with respect to a Book-Entry Security pursuant to Settlement Procedure “F,” the Trustee may deliver to the Depositary, through the Depositary’s Participant Terminal System, as soon as practicable a withdrawal message instructing the Depositary to debit such Book-Entry Security to the Trustee’s participant account, provided that the Trustee’s participant account contains a principal amount of the Global Security representing such Book-Entry Security that is at least equal to the principal amount to be debited. If a withdrawal message is processed with respect to all the Book-Entry Securities represented by a Global Security, the Trustee will xxxx such Global Security “canceled,” make appropriate entries in the Trustee’s records and send such canceled Global Security to the Bank. The CUSIP number assigned to such Global Security shall, in accordance with CUSIP Service Bureau procedures, be canceled and not immediately reassigned. If a withdrawal message is processed with respect to one or more, but not all, of the Book-Entry Securities represented by a Global Security, the Trustee will exchange such Global Security for two Global Securities, one of which shall represent such Book-Entry Security or Securities and shall be canceled immediately after issuance and the other of which shall represent the remaining Book-Entry Securities previously represented by the surrendered Global Security and shall bear the CUSIP number of the surrendered Global Security. If the purchase price for any Book-Entry Security is not timely paid to the participants with respect to such Book-Entry Security by the beneficial purchaser thereof (or a person, including an indirect participant in the Depositary, acting on behalf of such purchaser), such participants and, in turn, the Agent for such Book-Entry Security may enter delivery orders through the Depositary’s Participant Terminal System debiting such Book-Entry Security to such participant’s account and crediting such Book-Entry Security to such Agent’s account and then debiting such Book-Entry Security to such Agent’s participant account and crediting such Book-Entry Security to the Trustee’s participant account and shall notify the Bank and the Trustee thereof. Thereafter, the Trustee will (i) promptly notify the Bank of such order, and the Bank shall transfer to such Agent funds available for immediate use in an amount equal to the price of such Book-Entry Security which was ...
Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets may do any one or more of the following:
a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle;
x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum;
c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting;
d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting;
e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting;
f. apply any cash held by Openmarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarkets; or
g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs ...
Failure to Settle. If a purchaser fails to accept delivery of and make payment for any Certificated Note, the relevant Agent will notify the Company and the Trustee by telephone and return such Note to the Trustee. Upon receipt of such notice, the Company will immediately wire transfer to the account of such Agent an amount equal to the price of such Note less such Agent’s commission in respect of such Note (if any). Such wire transfer will be made on the settlement date, if possible, and in any event not later than the Business Day following the settlement date. If the failure shall have occurred for any reason other than a default by such Agent in the performance of its obligations hereunder and under the Distribution Agreement, then the Company will reimburse such Agent or the Trustee, as appropriate, on an equitable basis for its loss of the use of the funds during the period when they were credited to the account of the Company. Immediately upon receipt of the Certificated Note in respect of which such failure occurred, the Trustee will mark such Note “cancelled,” make appropriate entries in the Trustee’s records and send such Note to the Company.
Failure to Settle. Notwithstanding Section 13.1(a), if EFS fails to settle any amount that is not disputed in good faith, within three (3) Business Days after the date on which Bank shall have given notice thereof in accordance with Section 2.15 (Settlement Statements).
Failure to Settle. If a purchaser fails to accept delivery of and make payment for any Certificated Note, the Presenting Agent will notify NIB and the Fiscal Agent by telephone and return such Certificated Note to the Fiscal Agent. Immediately upon receipt of the Certificated Note in respect of which such failure occurred, the Fiscal Agent will cancel such Certificated Note in accordance with the Fiscal Agency Agreement and so advise NIB, and will make appropriate entries in its records.
Failure to Settle. If any Purchaser Group fails to pay its Swingline Settlement Amount in full to the Swingline Purchaser by the time and date required by Section 1.2(c)(iii), (i) the unpaid amount of such Swingline Settlement Amount shall bear interest, payable by the Committed Purchaser in such Purchaser Group to the Swingline Purchaser upon demand, at a rate per annum equal to the Alternate Rate, and if not paid within three (3) Business Days of the Swingline Purchaser’s demand, at a rate per annum equal to the greater of (x) 3.0% per annum above the Base Rate in effect on such day and (y) the “Alternate Rate” as calculated in clause (a) or (b) of the definition thereof, as applicable, and (ii) the Swingline Purchaser may cancel or suspend availability of the Swingline Sub-Limit and shall have no obligation to make additional Swingline Purchasers. The Swingline Purchaser (whether individually or as Administrator) shall not be obligated to transfer to any Purchaser in such a defaulting Purchaser Group any payments received by it for the benefit of such defaulting Purchaser Group, nor shall the members of such a defaulting Purchaser Group be entitled to the sharing of any payments hereunder (including any Capital, Discount, Fees or other amounts). Amounts payable to such a defaulting Purchaser Group shall instead be paid to the Swingline Purchaser in reduction of such defaulting Purchaser Group’s obligation to pay its Swingline Settlement Amount or interest thereon. This Section shall remain effective with respect to a defaulting Purchaser Group until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Purchaser, or relieve or excuse the performance by the Seller of its duties and obligations hereunder.
Failure to Settle. You will receive an e-mail if we are unable to debit any costs or fees from your Account. If you fail to pay any sum owed to us by the due date for payment either by failing to replenish the Cash balance of your Account or by failing to provide any other means by which we can successfully collect payment of the costs and fees, we shall be entitled collect those costs and fees at our sole discretion by:
(a) liquidating Precious Metal owned by you in your Account in an amount sufficient to pay any amount owed by you, in which case you irrevocably appoint us as your attorney with full power to sell or otherwise deal with Precious Metal in your Account for that purpose; and/or
(b) offset the amount owed against any amount due to be paid by us to you. Your consent shall not be required to initiate such a sale and we shall not be obliged to provide additional notice to you. You authorise us to carry out all legal transactions on your behalf that may be desirable or necessary in relation to the sale and transfer of your Precious Metal as referred to above. All transaction costs shall also be charged when Precious Metals are sold in accordance with this clause.
Failure to Settle. (a) If by the settlement date shown on any Confirmation we have not received the relevant payment due, you agree to pay us:
(i) interest on the amount outstanding from time to time at the [Futu to confirm interest rate], calculated daily; and
(ii) a late settlement fee determined by us from time to time to cover our reasonable costs and expenses arising from your failure to settle by the due date together with any applicable GST.
(b) If by the settlement date shown on any Confirmation you have not delivered to us the relevant certificates or security holder information, you agree to pay us:
(i) any fail fees levied by a Market Operator; and
(ii) a late settlement fee determined by us from time to time to cover our reasonable costs and expenses arising from your failure to settle by the due date together with any applicable GST.
(c) We may suspend your account at any time and without notice to you if you fail to settle on time for orders we have executed for you.
(d) If, after a demand, you have not delivered to us the relevant certificates or security holder information, or payment due, then:
(i) you direct us to buy back or sell on your behalf any of the securities that are the subject of the contract;
(ii) you authorise us to sell any other securities outstanding on your account, or any securities in our control or possession; and
(iii) you agree to indemnify us against all costs, expenses and losses incurred, including brokerage, GST, fail fees levied by a Market Operator and fees, resulting from your failure to settle by the due date.
Failure to Settle. If the applicable Trustee, or its agent, fails to enter an SDFS deliver order with respect to a Book-Entry Security pursuant to Settlement Procedure “G”, the applicable Trustee, or its agent, may deliver to DTC, through DTC’s Participant Terminal System, as soon as practicable a withdrawal message instructing DTC to debit such Book-Entry Security to the applicable participant account, provided that the applicable participant account contains a principal amount of the Global Security representing such Book-Entry Security that is at least equal to the principal amount to be debited. If a withdrawal message is processed with respect to all the Book-Entry Securities represented by a Global Security, the applicable Trustee will xxxx such Global Security “cancelled,” make appropriate entries in the applicable records and send such cancelled Global Security to the Company. The CUSIP number assigned to such Global Security shall, in accordance with the procedures of the CUSIP Service Bureau of Standard & Poor’s Corporation, be cancelled and not immediately reassigned. If a withdrawal message is processed with respect to one or more, but not all, of the Book-Entry Securities represented by a Global Security, the applicable Trustee, or its agent, will exchange such Global Security for two Global Securities, one of which shall represent such Book-Entry Security or Securities and shall be cancelled immediately after issuance and the other of which shall represent the remaining Book-Entry Securities previously represented by the surrendered Global Security and shall bear the CUSIP number of the surrendered Global Security.
Failure to Settle. (a) If you fail to settle a transaction by the due date, or fail to pay money you owe to us:
(1) we can sell Financial Products we hold for you to pay for an unsettled buy order;
(2) we can buy Financial Products to close out an unsettled sell order;
(3) we can charge interest on the amount outstanding at the official cash rate plus 3% and late settlement fees; and
(4) you must reimburse us for all costs, expenses and losses incurred resulting from your failure to settle.
(b) If you fail to settle, you appoint us, and our directors and officers, as your attorney. As your attorney we can give instructions on your behalf about your:
(1) issuer sponsored Financial Products you instructed us to purchase that are awaiting registration;
(2) Financial Products which are sponsored by us;
(3) Financial Products held by our nominee company; and
(4) funds held in any account with us, or in any other account which we are authorised to access.
(c) As your attorney, we can sell any Financial Products we hold for you, in our absolute discretion, and we can set off the proceeds we generate against money you owe to us. You will bear the cost of that action, such as fees, costs (including legal costs) and taxes.
(d) You agree that we may use funds we receive from you held in any account with us to satisfy any outstanding debt you owe us.
(e) When we do something under this clause, we will follow the ASX Group Rules and the Chi-X Rules in doing it.
