Common use of Formal Proceedings Clause in Contracts

Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 may not be commenced until the earlier of: (i) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) 30 business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section was not followed or completed).

Appears in 4 contracts

Samples: Securities Agreement (Scio Diamond Technology Corp), Securities Agreement (Scio Diamond Technology Corp), Securities Agreement (Scio Diamond Technology Corp)

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Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 16 may not be commenced until the earlier of: (i) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) 30 business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section was not followed or completed).

Appears in 2 contracts

Samples: Subordinated Note and Warrant Purchase Agreement (First Community Corp /Sc/), Securities Agreement (First Community Corp /Sc/)

Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 10 may not be commenced until the earlier of: (iA) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (iiB) 30 business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section 10 was not followed or completed.).

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (First Community Corp /Sc/)

Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 may not be commenced until the earlier of: (iA) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (iiB) 30 business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section was not followed or completed).

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (HCSB Financial Corp)

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Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 may not be commenced until the earlier of: (iA) the Parties or designated Party representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (iiB) 30 thirty (30) business days from the date of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described in this Section was not followed or completed).

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (CommunitySouth Financial CORP)

Formal Proceedings. Formal proceedings for the resolution of a dispute pursuant to this Section 15 may Dispute shall not be commenced until the earlier of: : (i) the Parties or designated Party representatives concluding conclusion by the Steering Committee in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or or (ii) 30 business thirty (30) days from the date after referral of the Dispute Notice. (This period shall be deemed to run notwithstanding any claim that the process described Steering Committee in this accordance with Section was not followed or completed28.1(a).

Appears in 1 contract

Samples: Master Services Agreement (Advanta Corp)

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