INSUFFICIENCY OF ASSETS Sample Clauses

INSUFFICIENCY OF ASSETS. Insufficiency of assets
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INSUFFICIENCY OF ASSETS. 6.9.1 If the Client Account does not show available sufficient monetary funds and/or Financial Instruments, as well as necessary documents on the date of the Order, the Broker shall have the right, at its sole discretion, to either: i. refuse to act upon the Order (under Article 6.8. above); or ii. execute the Order partially частично (under Article 6.4.2 above); or
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INSUFFICIENCY OF ASSETS. If upon any such liquidation, dissolution or winding up of the Corporation, the remaining assets of the Corporation available for distribution to its stockholders shall be insufficient to pay the holders of shares of Series B Preferred Stock the full amount to which they shall be entitled, the holders of Series B Preferred Stock and any Parity Stock shall share ratably in any distribution of the remaining assets and funds of the Corporation in proportion to the respective amounts which would otherwise be payable in respect of the shares held by them upon such distribution if all amounts payable on or with respect to such shares were paid in full.
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INSUFFICIENCY OF ASSETS. If VIRL believes that it is or could be unable to perform any requested Services under a Statement of Work or Change Order because either (x) *** or (y) the Employees are insufficiently knowledgeable to perform such Services, then NXP shall be required (prior to and as a condition of VIRL to entering into a Statement of Work, in the case of a request for Services) to provide or license or have provided or have licensed to VIRL ***, and/or services (including services provided by the employees of NXP and/or its Affiliates) adequate to enable VIRL to perform such Services under such Statement of Work or Change Order, in any of the following manners or combination(s) thereof to be selected at the reasonable discretion of NXP: (a) by transfer or license by *** for no consideration and otherwise on substantially the same terms and conditions as ***; (b) by transfer or license by *** for reasonable and fair monetary (and no other) consideration and otherwise on substantially the same terms and conditions as ***; (c) by procuring such rights or assets from *** for reasonable and fair monetary (and no other) consideration and on commercially reasonable terms and conditions; or (d) by providing the services of the relevant employee(s) of NXP or its Affiliates to VIRL. If VIRL is required as result of this Section 2.2.1 to pay monetary consideration to any Person, the amount of such payment, plus an administrative fee determined by VIRL but in no event greater than *** (***%) of the consideration paid by VIRL, shall be chargeable to NXP under the Statement of Work or Change Order, and such charge shall be satisfied by offset of outstanding Tokens at the rate of *** of a Token per U.S. dollar. If NXP is unable to or does not transfer or license to or procure for VIRL the rights, assets or services of employees described in the first sentence of this Section 2.2.1 in respect of any request for Services, Statement of Work or Change Order, then VIRL may decline such request for Services and/or reject such Statement of Work or Change Order.
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Related to INSUFFICIENCY OF ASSETS

  • Sufficiency of Assets The Assets (a) constitute all of the assets, tangible and intangible, of any nature whatsoever, necessary to operate the Business in the manner presently operated by Seller, and (b) include all of the operating assets of Seller.

  • Title to Assets; Sufficiency of Assets (a) The Seller has, and at the Closing the Seller will deliver to Acquiror, good and valid title to or, in the case of licensed assets, a valid and binding license to the Purchased Assets free and clear of all Encumbrances, a valid and binding license under the Seller Multi-Application Technology pursuant to Section 2.5 and, as applicable, a valid and binding sublicense under the Licensed Intellectual Property (as defined in the Acrux License) pursuant to the Sublicense Agreement. Except as set forth on Schedule 6.14(a) of the Seller Disclosure Schedule, no Subsidiary of the Seller owns, beneficially or of record, or has any rights, title or interest in, to or under any Purchased Asset or conducts any part of the Evamist Business, and there are no employees of any Subsidiary of the Seller employed in the Evamist Business or who perform tasks that are necessary for the proper operation of the Evamist Business. (b) The Purchased Assets (together with the rights of the Acquiror and its Affiliates under the Related Agreements), the rights granted pursuant to Section 2.5 and, as applicable, pursuant to the Sublicense Agreement constitute all of the assets, Contracts, Required Permits, rights and services required for the continued operation of the Evamist Business by the Acquiror as conducted by the Seller during the past twelve (12) months. (c) Each item of equipment which is a Purchased Asset (other than equipment set forth on Schedule 6.14(c) of the Seller Disclosure Schedule) is in good operating condition for the purposes for which it is currently being used, subject to ordinary wear and tear, is free from any material defect and has been maintained in all material respects in accordance with generally accepted industry practice. (d) The Seller has not experienced any out-of-stock or back-order situation with respect to the Evamist Business (e) The Seller does not own or control any Evamist Product Improvements, and has not granted to any third party or enabled any third party to make any Evamist Product Improvements.

  • Condition and Sufficiency of Assets The buildings, plants, structures, and equipment of the Acquired Companies are structurally sound, are in good operating condition and repair, and are adequate for the uses to which they are being put, and none of such buildings, plants, structures, or equipment is in need of maintenance or repairs except for ordinary, routine maintenance and repairs that are not material in nature or cost. The building, plants, structures, and equipment of the Acquired Companies are sufficient for the continued conduct of the Acquired Companies' businesses after the Closing in substantially the same manner as conducted prior to the Closing.

  • Title to and Sufficiency of Assets Each Target Company has good and marketable title to, or a valid leasehold interest in or right to use, all of its assets, free and clear of all Liens other than (a) Permitted Liens, (b) the rights of lessors under leasehold interests, (c) Liens specifically identified on the balance sheet as of the Interim Balance Sheet Date included in the Company Financials and (d) Liens set forth on Schedule 4.17. The assets (including Intellectual Property rights and contractual rights) of the Target Companies constitute all of the material assets, rights and properties that are currently used in the operation of the businesses of the Target Companies as it is now conducted or that are used or held by the Target Companies for use in the operation of the businesses of the Target Companies, and taken together, are adequate and sufficient for the operation of the businesses of the Target Companies as currently conducted.

  • Sufficiency of Moneys The Recipient has sufficient moneys in addition to those granted to Recipient pursuant to Section II of this Agreement to fund the Project to completion;

  • Sufficiency of Purchased Assets The Purchased Assets include all right, title and interest of Seller in and to all assets, properties and rights of Seller or necessary for or used in the operation of Seller's business, other than the Excluded Assets.

  • Custody of Assets Sub-Adviser shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian.

  • Sufficiency of Consideration Executive hereby acknowledges and agrees that Executive has received good and sufficient consideration for every promise, duty, release, obligation, agreement and right contained in this Release.

  • No disposal of assets The Borrower will not transfer, lease or otherwise dispose of: (a) all or a substantial part of its assets, whether by one transaction or a number of transactions, whether related or not; or (b) any debt payable to it or any other right (present, future or contingent right) to receive a payment, including any right to damages or compensation.

  • Sufficiency of Funds Buyer has sufficient cash on hand or other sources of immediately available funds to enable it to make payment of the Purchase Price and consummate the transactions contemplated by this Agreement.

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