Forced Withdrawal Sample Clauses

Forced Withdrawal. Any Participant that breaches any covenant contained in Article V hereof or for which any of the representations contained in Article VI hereof ceases to be true shall be deemed to have given a notice of withdrawal pursuant to Section 7.3 hereof immediately upon such breach or cessation but shall not be deemed to have requested the payment of its balance unless and until it either makes an actual payment request or the Governing Board makes a final determination that such a breach or cessation has occurred.
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Forced Withdrawal. Any Participant that is or becomes in default under any covenant contained in Article VI hereof or for which any of the representations contained in Article V hereof ceases to be true, shall be deemed to have given a notice of withdrawal pursuant to Section 7.2 hereof immediately upon the occurrence and continuation of such default, but shall not be deemed to have requested the payment of its Participant Balances from any Portfolio unless and until such Participant either makes an actual payment request to the Chief Investment Officer or the Chief Investment Officer makes a final determination that such default has occurred, is continuing and no cure is available for such default.
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Forced Withdrawal. A Party may be forced to withdraw (or elect to withdraw pursuant to clause (ii), (iii) or (iv) below) as a Party to this Agreement upon one or more of the following occurrences: (i) in accordance with subsection 5.3 below upon such Party’s uncured material breach of this Agreement; (ii) upon ninety (90) days’ prior written notice by a Party to the other Parties (or such lesser period of time as may be necessary pursuant to law, rule, regulation or court order) if any legislation or regulation is finally adopted or any government interpretation is issued that prevents that Party from fulfilling any of its material obligations contained in this Agreement; or (iii) after the first anniversary of this Agreement, a Party may withdraw from this Agreement by providing the other Parties at least 180 days’ written notice; provided that such Party and the remaining Parties shall promptly work together in good faith to address all of such withdrawing Party’s obligations under this Agreement by: (x) assuming one or more of the withdrawing Party’s obligations under this Agreement; (y) engaging a third-party, reasonably satisfactory to all remaining Parties, to assume one or more of the withdrawing Party’s obligations through an amendment of this Agreement; and/or (z) waiving future performance of one or more of the withdrawing Party’s obligations.
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Forced Withdrawal. Any Participant that is or becomes in default under any covenant contained in Article VI hereof or for which any of the representations contained in Article V hereof ceases to be true, shall be deemed to have given a notice of withdrawal pursuant to Section 7.2 hereof immediately upon the occurrence and continuation of such default, but shall
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Forced Withdrawal. Forced withdrawal as a result of amalgamation with a Council outside of CNRL must be raised with the CNRL Committee for consideration before giving written notice to each other party within CNRL. 10.2.a. If the notice is given between 1st July and 31 October of any financial year, the notice must specify that the Agreement shall end on 30 June in that financial year. 10.2.b. If the notice is given between 1st November and 30 June in any financial year, the notice must specify that the Agreement will end no sooner than 30 June in the following financial year or an agreed later date. 10.2.c. Costs incurred by CNRL as a result of forced withdrawal in this manner will be shared proportionally by all CNRL Councils including the withdrawing Council. Tamworth Regional Council on behalf of CNRL will formally seek financial assistance to cover the cost from the Library Council of NSW. 10.2.d. Forced withdrawal may also occur as a result of misconduct, insolvency or other matters that are brought to the attention of the CNRL Committee. In that event: 10.2.e. Notice will be given to the Delegating Council of the misconduct, insolvency or any other matter considered by the CNRL Committee, and if the notice is given between 1st July and 31 October of any financial year, the notice must specify that the Agreement shall end on 30th June in that financial year. 10.2.f. If the notice referred to in 10.2.e is given between 1st November and 30th June in any financial year, the notice must specify that the Agreement will end no sooner than 30th June in the following financial year or an agreed later date. manner will be the responsibility of the withdrawing Council. Tamworth XXXXXXXX, XXX PAGE 1 OF 9 10.2.g. Costs incurred by CNRL as a result of forced withdrawal in this Regional Council on behalf of CNRL may formally seek financial assistance to cover the cost from the Library Council of NSW.
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Forced Withdrawal. A partner may be asked to withdraw by a majority vote of the votes cast of credit balances in all the partners' capital accounts. Such a vote shall be treated as a notice of complete withdrawal. Liquidation and payment of the partner's capital account(s) shall proceed in accordance with paragraph 20.
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Forced Withdrawal. If any of the following occur (a "Forced Withdrawal Event"): (A) a Member's Percentage Interest is reduced to 5% or less; (B) a Member becomes a participant in a Competing Facility as permitted under Section 3.11(c)(i) hereof; or (C) a Member materially defaults in the observance or performance of any material agreement, covenant or condition contained in this Agreement or in any material agreement with or relating to the Company and such default shall continue to exist for a period of thirty (30) days after the Managers give such Member or its Affiliate written notice of such default; then the Company may force such Member to withdraw from the Company upon the Consent of holders of a majority of the Percentage Interests, excluding the Member in question, which action must be taken within 120 days after the Member provides notice to the Company and all other Members of the Forced Withdrawal Event. The Company shall give a Notice of Withdrawal to all Members promptly after it becomes aware of such Consent.
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Forced Withdrawal. The General Partner may be subject to a forced withdrawal, without its consent, if found guilty, by judgment, of theft, fraud or embezzlement to
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Forced Withdrawal. A Limited Partner may be subject to a forced withdrawal, without their consent, in the event of any of the following events:
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Related to Forced Withdrawal

  • Demand Withdrawal A Demanding Holder and any other Holder that has requested its Registrable Securities be included in a Demand Registration pursuant to Section 3.1.3 may withdraw all or any portion of its Registrable Securities included in a Demand Registration from such Demand Registration at any time prior to the effectiveness of the applicable Demand Registration and will not be obligated to participate in any Underwritten Public Offering prior to executing the underwriting agreement relating thereto. Upon receipt of a notice to such effect from a Demanding Holder (or if there is more than one Demanding Holder, from all such Demanding Holders) with respect to all of the Registrable Securities included by such Demanding Holder(s) in such Demand Registration, the Company shall cease all efforts to secure effectiveness of the applicable Demand Registration Statement; provided that, for the avoidance of doubt, in the event of a request for a Demand Registration by more than one Demanding Holder, the Company shall continue all efforts to secure effectiveness of the applicable Demand Registration Statement with respect to the Registrable Securities requested to be included by each of the Holders that has not withdrawn its Registrable Securities. Notwithstanding any withdrawal by a Demanding Holder of Registrable Securities from a Demand Registration pursuant to this Section 3.1.4, the Demand Registration with respect to which the withdrawal was made shall be counted for purposes of the limit on Demand Registration Requests set forth in Section 3.1.2 unless (a) the Demanding Holders reimburse the Company for all expenses incurred in connection with the Demand Registration with respect to which the withdrawal was made, (b) the withdrawal is made as a result of an event that has had a material adverse effect on the business, assets, condition (financial or otherwise) or results of operations of the Company or (c) the withdrawal is made in response to a Demand Suspension pursuant to Section 3.1.6.

  • Termination and Withdrawal After the fifth anniversary of the effective date of this Agreement, this Agreement may be terminated by a unanimous vote of the Incorporating Parties or their successors or assigns. If the Incorporating Parties vote to terminate this Agreement, they will file with the Commission and the PSC an explanation of their action and a proposal for an alternate plan for the safe, reliable and efficient operation of the NYS Transmission System. Except as otherwise provided in this Section 3.02, any Party may withdraw from this Agreement upon ninety (90) days prior written notice to the ISO Board. In the case of an Investor-Owned Transmission Owner, no further approval by the Commission is needed for such withdrawal from the ISO Agreement, if such Investor-Owned Transmission Owner has on file with the Commission its own open access transmission tariff. Any modification to this Article shall provide any Party with the right to withdraw from the Agreement pursuant to the unmodified provisions of this Article, within ninety (90) days of the effective date of such modification. If the tax-exempt status of LIPA’s Tax Exempt Bonds are jeopardized by LIPA’s participation in the ISO, LIPA may withdraw from this Agreement upon thirty (30) days prior written notice to the ISO Board; however, LIPA shall provide earlier notice whenever and as soon as it is reasonably practicable to do so. Any such notice shall contain an explanation in reasonably sufficient detail of the grounds for withdrawal. To the extent reasonably requested by LIPA, the ISO shall treat this explanation as confidential consistent with the ISO’s confidentiality procedures.

  • Interest and Withdrawal No interest shall be paid by the Partnership on Capital Contributions. No Partner shall be entitled to the withdrawal or return of its Capital Contribution, except to the extent, if any, that distributions made pursuant to this Agreement or upon termination of the Partnership may be considered as such by law and then only to the extent provided for in this Agreement. Except to the extent expressly provided in this Agreement, no Partner shall have priority over any other Partner either as to the return of Capital Contributions or as to profits, losses or distributions. Any such return shall be a compromise to which all Partners agree within the meaning of Section 17-502(b) of the Delaware Act.

  • Involuntary Withdrawal Involuntary withdrawal of a Partner shall include, but not be limited to, the following: a.) Death of a Partner; b.) Partner that becomes incapacitated or not able to make decisions on their own as determined by a licensed physician; c.) A handicap of a Partner that prevents the individual from carrying out their Partnership duties and obligations; d.) Incompetence or negligence of a Partner; e.) A Partner’s breach of fiduciary duties;

  • Voluntary Withdrawal If any Partner should withdraw from the Partnership, they must give at least days’ written notice to the Partnership. Such withdrawal shall have no effect on the day-to-day operations of the Partnership.

  • Permitted Withdrawals From Escrow Account Withdrawals from the Escrow Account or Accounts may be made by the Company only: (i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (ii) to reimburse the Company for any Servicing Advances made by the Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder; (iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (iv) for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note; (v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 4.14; (vi) to pay to the Company, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; (vii) to clear and terminate the Escrow Account on the termination of this Agreement; and (viii) to withdraw funds deposited in error.

  • Required Withholding Each of the Exchange Agent, Parent, and the Surviving Corporation shall be entitled to deduct and withhold from any consideration payable or otherwise deliverable pursuant to this Agreement to any holder or former holder of Company Common Stock such amounts as may be required to be deducted or withheld therefrom under the Code or under any provision of state, local or foreign tax law or under any other applicable legal requirement. To the extent such amounts are so deducted or withheld, such amounts shall be treated for all purposes under this Agreement as having been paid to the person to whom such amounts would otherwise have been paid.

  • Permitted Withdrawals From Custodial Account The Company shall, from time to time, withdraw funds from the Custodial Account for the following purposes: (i) to make payments to the Purchaser in the amounts and in the manner provided for in Section 5.01; (ii) to reimburse itself for Monthly Advances of the Company's funds made pursuant to Section 5.03, the Company's right to reimburse itself pursuant to this subclause (ii) being limited to amounts received on the related Mortgage Loan which represent late payments of principal and/or interest respecting which any such advance was made, it being understood that, in the case of any such reimbursement, the Company's right thereto shall be prior to the rights of Purchaser, except that, where the Company is required to repurchase a Mortgage Loan pursuant to Section 3.03 or 6.02, the Company's right to such reimbursement shall be subsequent to the payment to the Purchaser of the Repurchase Price pursuant to such sections and all other amounts required to be paid to the Purchaser with respect to such Mortgage Loan; (iii) to reimburse itself for unreimbursed Servicing Advances, and for any unpaid Servicing Fees, the Company's right to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds and such other amounts as may be collected by the Company from the Mortgagor or otherwise relating to the Mortgage Loan, it being understood that, in the case of any such reimbursement, the Company's right thereto shall be prior to the rights of Purchaser, except that where the Company is required to repurchase a Mortgage Loan pursuant to Section 3.03 or 6.02, in which case the Company's right to such reimbursement shall be subsequent to the payment to the Purchaser of the Repurchase Price pursuant to such sections and all other amounts required to be paid to the Purchaser with respect to such Mortgage Loan; (iv) to pay itself interest on funds deposited in the Custodial Account; (v) to reimburse itself for expenses incurred and reimbursable to it pursuant to Section 8.01; (vi) to pay any amount required to be paid pursuant to Section 4.16 related to any REO Property, it being understood that, in the case of any such expenditure or withdrawal related to a particular REO Property, the amount of such expenditure or withdrawal from the Custodial Account shall be limited to amounts on deposit in the Custodial Account with respect to the related REO Property; (vii) to reimburse itself for any Servicing Advances or REO expenses after liquidation of the Mortgaged Property not otherwise reimbursed above; (viii) to remove funds inadvertently placed in the Custodial Account by the Company; and (ix) to clear and terminate the Custodial Account upon the termination of this Agreement. In the event that the Custodial Account is interest bearing, on each Remittance Date, the Company shall withdraw all funds from the Custodial Account except for those amounts which, pursuant to Section 5.01, the Company is not obligated to remit on such Remittance Date. The Company may use such withdrawn funds only for the purposes described in this Section 4.05.

  • DISCHARGE AND WITHDRAWAL Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent, for good cause or as allowed or required by law upon ten

  • Rescission and Withdrawal Right Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) any of the other Transaction Documents, whenever any Purchaser exercises a right, election, demand or option under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then such Purchaser may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of a Warrant, the applicable Purchaser shall be required to return any shares of Common Stock subject to any such rescinded exercise notice concurrently with the return to such Purchaser of the aggregate exercise price paid to the Company for such shares and the restoration of such Purchaser’s right to acquire such shares pursuant to such Purchaser’s Warrant (including, issuance of a replacement warrant certificate evidencing such restored right).

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