Insufficient Balance Sample Clauses

Insufficient Balance. For the avoidance of doubt, in the event that such balance is insufficient to pay in full the whole of the Outstanding Indebtedness, the Lender shall be entitled to collect the shortfall from the Borrower or any other person liable therefor.
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Insufficient Balance. An insufficient balance could occur because of the following:
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Insufficient Balance. OVERDRAFTS AND FEES; SET-OFF AND SECURITY INTEREST 6
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Insufficient Balance. You must maintain a balance in your account that will cover the checks you write. If a check is presented to us for payment when there are not enough available funds in your account to cover our payment of the check, we may pay the check or may refuse payment and return it unpaid. An insufficient balance in your account could result from: (a) the payment of other checks you have written; (b) payments you have authorized; (c) service fees you have not recorded in your records; or (d) checks deposited to your account that are uncollected or returned to the Bank unpaid.
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Insufficient Balance. You must maintain a balance in your Account which is sufficient to cover all Checks you write, Debit Card transactions you make, and transfers you authorize us to make on your behalf. If there are insufficient funds in your Account to cover any such Check or Debit Card transaction or transfer, we may refuse to honor the Debit Card transaction or transfer, or return the Check without paying it, as the case may be. If we make a transfer or pay a Check or Debit Card transactions against insufficient funds or uncollected balances, you agree, promptly on demand, to pay to us the amount by which the Check exceeds the funds in your Account. You may be charged interest at our rates in effect from time to time on the insufficient balance for each day it is outstanding, and the fee specified on our Schedule of Fees. You authorize us to liquidate Investments, at our discretion, to cover any insufficient funds in your Account.
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Insufficient Balance. You must maintain a balance in your Account that will cover all the transactions you make. If a check is presented to us for payment, or an instruction for wire transfer is given, when there are not sufficient available funds in your Account to cover it, we may pay or refuse payment, and if payment is refused with respect to any check, return it unpaid. Should we decide to pay a check, or comply with any payment instruction, against insufficient funds or uncollected balances, you will repay to us the amount by which the check or payment exceeds the funds in your Account.
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Insufficient Balance. If Development Activity Capital Proceeds or Operating Property Activity Capital Proceeds are insufficient to pay the total amount payable under any priority level in this Section, Development Activity Capital Proceeds or Operating Property Activity Capital Proceeds shall be distributed within such priority level to the Members in proportion to their claims under such priority level.
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Insufficient Balance. The insufficiency of any balance in the Reserve or the Deferred Maintenance Deposit shall not abrogate Borrower's agreement to fulfill its obligations contained herein or in the Security Instrument. In the event Lender determines that (i) the balance of any of the Replacement Account or the Leasing Account is less than the current estimated cost to make the Replacements or the Tenant Improvements and Leasing Commissions which Borrower, in the prudent operation of the Property, can reasonably be anticipated to incur during the succeeding twenty four (24) months, or (ii) the balance of the Deferred Maintenance Deposit is less than the amount necessary to complete the items set forth on Exhibit D, Borrower shall deposit the shortage within ten (10) days of request by Lender. In the event Lender determines from time to time based on Lender's inspections that the amount of the Monthly Deposit is insufficient to fund the cost of likely Replacements, Tenant Improvements and Leasing Commissions and related contingencies that may arise during the remaining term of the Loan, Lender may require an increase in the amount of the Monthly Deposits upon thirty (30) days prior written notice to Borrower.
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Insufficient Balance. An insufficient balance on a Checking Account could result in several ways, such as
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Related to Insufficient Balance

  • Insufficient Funds If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, L/C Borrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, toward payment of principal and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

  • Insufficient Shares The Company may at its option substitute for Common Stock issuable upon the exercise of Rights in accordance with the foregoing Section 11.1.2 a number of shares of Preferred Stock or fraction thereof such that the current per share market price of one share of Preferred Stock multiplied by such number or fraction is equal to the current per share market price of one share of Common Stock. In the event that upon the occurrence of a Trigger Event there shall not be sufficient Common Stock authorized but unissued, or held by the Company as treasury shares, to permit the exercise in full of the Rights in accordance with the foregoing Section 11.1.2, the Company shall take all such action as may be necessary to authorize additional Common Stock for issuance upon exercise of the Rights, provided, however, that if the Company determines that it is unable to cause the authorization of a sufficient number of additional shares of Common Stock, then, in the event the Rights become exercisable, the Company, with respect to each Right and to the extent necessary and permitted by applicable law and any agreements or instruments in effect on the date hereof to which it is a party, shall: (A) determine the excess of (1) the value of the Adjustment Shares issuable upon the exercise of a Right (the “Current Value”), over (2) the Purchase Price (such excess, the “Spread”) and (B) with respect to each Right (other than Rights which have become void pursuant to Section 11.1.2), make adequate provision to substitute for the Adjustment Shares, upon payment of the applicable Purchase Price, (1) cash, (2) a reduction in the Purchase Price, (3) Preferred Stock, (4) other equity securities of the Company (including, without limitation, shares, or fractions of shares, of preferred stock which, by virtue of having dividend, voting and liquidation rights substantially comparable to those of the Common Stock, the Board has deemed in good faith to have substantially the same value as the Common Stock) (each such share of preferred stock or fractions of shares of preferred stock constituting a “common stock equivalent”)), (5) debt securities of the Company, (6) other assets or (7) any combination of the foregoing having an aggregate value equal to the Current Value, where such aggregate value has been determined by the Board based upon the advice of a nationally recognized investment banking firm selected in good faith by the Board; provided, however, that if the Company shall not have made adequate provision to deliver value pursuant to clause (B) above within thirty (30) days following the occurrence of a Trigger Event, then the Company shall be obligated to deliver, to the extent necessary and permitted by applicable law and any agreements or instruments in effect on the date hereof to which it is a party, upon the surrender for exercise of a Right and without requiring payment of the Purchase Price, Common Stock (to the extent available) and then, if necessary, such number or fractions of Preferred Stock (to the extent available) and then, if necessary, cash, which shares and/or cash have an aggregate value equal to the Spread. If the Board shall determine in good faith that it is unlikely that sufficient additional Common Stock would be authorized for issuance upon exercise in full of the Rights, the thirty (30) day period set forth above may be extended and re-extended to the extent necessary, but not more than ninety (90) days following the occurrence of a Trigger Event, in order that the Company may seek stockholder approval for the authorization of such additional shares (such period as may be extended, the “Substitution Period”). To the extent that the Company determines that some actions need be taken pursuant to the second and/or third sentences of this Section 11.1.3, the Company (x) shall provide that such action shall apply uniformly to all outstanding Rights, and (y) may suspend the exercisability of the Rights until the expiration of the Substitution Period in order to seek any authorization of additional shares and/or to decide the appropriate form of distribution to be made pursuant to such first sentence and to determine the value thereof. In the event of any such suspension, the Company shall issue a public announcement stating that the exercisability of the Rights has been temporarily suspended as well as a public announcement at such time as the suspension is no longer in effect. For purposes of this Section 11.1.3, the value of a share of Common Stock shall be the current per share market price (as determined pursuant to Section 11.4) on the date of the occurrence of a Trigger Event and the value of any “common stock equivalent” shall be deemed to have the same value as the Common Stock on such date. The Board may, but shall not be required to, establish procedures to allocate the right to receive Common Stock upon the exercise of the Rights among holders of Rights pursuant to this Section 11.1.3.

  • Remaining Balance Each Receivable has a remaining balance of at least $2,000.99 and not greater than $82,450.59.

  • Account Balance The Servicer must never allow any Custodial T&I Account to become overdrawn as to any individual related Borrower. If there are insufficient funds in the account, the Servicer must advance its own funds to cure the overdraft.

  • Insufficient Insurance Proceeds If the cost of the repair or restoration of the applicable Facility exceeds the amount of insurance proceeds received by Landlord and Tenant pursuant to Section 9.1, Tenant shall give Landlord Notice thereof which notice shall set forth in reasonable detail the nature of such deficiency and whether Tenant shall pay and assume the amount of such deficiency (Tenant having no obligation to do so, except that, if Tenant shall elect to make such funds available, the same shall become an irrevocable obligation of Tenant pursuant to this Agreement). In the event Tenant shall elect not to pay and assume the amount of such deficiency, Landlord shall have the right (but not the obligation), exercisable at Landlord’s sole election by Notice to Tenant, given within sixty (60) days after Tenant’s notice of the deficiency, to elect to make available for application to the cost of repair or restoration the amount of such deficiency; provided, however, in such event, upon any disbursement by Landlord thereof, the Minimum Rent shall be adjusted as provided in Section 3.1.1(c). In the event that neither Landlord nor Tenant shall elect to make such deficiency available for restoration, either Landlord or Tenant may terminate this Agreement with respect to the affected Property by Notice to the other, whereupon, this Agreement shall so terminate and insurance proceeds shall be distributed as provided in Section 10.2.1. It is expressly understood and agreed, however, that, notwithstanding anything in this Agreement to the contrary, Tenant shall be strictly liable and solely responsible for the amount of any deductible and shall, upon any insurable loss, pay over the amount of such deductible to Landlord at the time and in the manner herein provided for payment of the applicable proceeds to Landlord.

  • Cash Balance At Closing, Purchaser shall pay to Seller the Purchase Price, less the Xxxxxxx Money, plus or minus the prorations described in this Agreement (such amount, as adjusted, being referred to as the “Cash Balance”). Purchaser shall pay the Cash Balance by federal funds wire transferred to an account designated by Seller in writing.

  • DISTRIBUTION OF EXCESS AGGREGATE CONTRIBUTIONS The Advisory Committee will determine excess aggregate contributions after determining excess deferrals under Section 14.07 and excess contributions under Section 14.08. If the Advisory Committee determines the Plan fails to satisfy the ACP test for a Plan Year, it must distribute the excess aggregate contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess aggregate contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess aggregate contributions are the amount of aggregate contributions allocated on behalf of the Highly Compensated Employees which causes the Plan to fail to satisfy the ACP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess aggregate contributions. The Advisory Committee will determine the respective shares of excess aggregate contributions by starting with the Highly Compensated Employee(s) who has the greatest contribution percentage, reducing his contribution percentage (but not below the next highest contribution percentage), then, if necessary, reducing the contribution percentage of the Highly Compensated Employee(s) at the next highest contribution percentage level (including the contribution percentage of the Highly Compensated Employee(s) whose contribution percentage the Advisory Committee already has reduced), and continuing in this manner until the ACP for the Highly Compensated Group satisfies the ACP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess aggregate contributions assigned to the family unit.

  • Balance Balance of funds owed for the reservation is due 60 days prior to arrival date and may include a refundable damage deposit. The balance is due on _BalanceDueDate_. Payment of the balance may be made by traveler's checks or certified check or major credit card. Personal checks will be accepted upon approval but must be cleared by the due date. If funds are not credited by the due date then the reservation will be cancelled and no refund of the deposit will be made. DAMAGE DEPOSIT Damage deposit will be refunded so long as there is no damage within 7 -10 days of checkout pending inspection by cleaning firm or our inspectors. CANCELLATION POLICY In the event that you must cancel your reservation, please be aware that cancellations must be in writing and must occur at least 60 days prior to arrival date. If cancellation occurs 60 days or more prior to arrival date all monies will be refunded with the exception of a $250.00 administrative fee. GUESTS THAT DO NOT CANCEL MORE THAN 60 DAYS PRIOR TO THE CHECK IN DATE WILL BE CHARGED THE FULL RENTAL AMOUNT (INCLUDING ALL FEES). There will be no refund for early departure for any reason. It is highly recommended that Tenant purchases Trip Insurance, we provide multiple opportunities for Tenant to purchase Standard Trip Insurance and Cancel For Any Reason Insurance. Refunds are NOT given for inclement weather, hurricane evacuations (whether mandatory or otherwise), travel bans or restrictions, military deployments, restricted access to resort or barrier islands or the general municipality, earthquakes, road or airport closings or late arrivals, pandemics (whether declared or not) ("Events"). We strongly recommend that you purchase travel insurance and by proceeding with the reservation without buying insurance you specifically acknowledge that this is a rental home and it is not a hotel and that further you agree to pay all rental amounts due in the event of such an Event occurring. HAZARDOUS PRACTICES No barbeque grills of any kind are permitted on balconies or in the unit. No open flames (i.e., candle burning) are permitted on balconies or in the unit. Do not dismantle smoke detectors as they are there for your protection. Use the overhead stove fan when cooking to avoid accidental, activation of smoke detector alarm. The guest will be charged a $200 repair and inspection fee for tampering with or deactivating a smoke alarm. ABSOLUTELY NO PETS Unless the rented property is advertised as pet friendly and Tenant contacted the Agent about a pet in advance of the arrival date, then absolutely no pets are allowed. If evidence of a pet(s) is found in the unit or on the premises, then Tenant and all guests will be asked to vacate immediately with no refund of rent or damage deposit. Pets on the property subject the Tenant to a $500 fine (pre-approved service dogs are excepted). If the property is advertised as pet friendly then the following provisions apply: We allow one small/medium sized DOG up to 40 lbs each for free subject to the medical and damage provisions of this agreement. Additional DOGS may be allowed in Agent's sole discretion, there is a $75 dog fee for each additional dog allowed including all dogs over 40 lbs. All pets must be up to date on rabies and other vaccinations. (documentation from an accredited veterinarian must be provided by Guest upon request). All pets must be treated with a flea and tick repellent three days prior to arrival. Guests are responsible for cleaning up all pet waste and disposing of it in a proper trash bin Pets must not be allowed on to furniture or in bedrooms at any time Pets must not make excessive noise Pets must be crated when left in the property and must not be left un-attended for any undue length of time Guest must observe all local rules, regulations and ordinances regarding pets at all time Agent reserves the right to not permit any dog at any time The guest will be charged a $200 clean up fee for the removal of any dog waste in the home or the yard. If your dog/s cause any damage, or the property requires additional cleaning the guest will be charged the cost of any repairs or clean up. If a security deposit has been paid it will be deducted. If there is no security deposit then the guest authorizes their credit card to be charged directly for the repair or clean up cost. Homeowner and Agent assume no responsibility for any illness or injury that may occur to pets or humans while on the premises. Prohibited Breeds of Dogs include any mix of: - Akita; - Boxer; - Bull Terrier; - Bullmastiff; - Chow Chow; - Doberman Pinscher; - German Shepherd; - Giant Schnauzer - Mastiff; - Ovtcharka; - Presa Canario; - Pit Bull; - Rhodesian Ridgeback; - Rottweiler; - Neapolitan Mastiff;

  • Sufficient Funds Buyer has sufficient funds to pay in full the Purchase Price and to enable it to consummate the transactions contemplated by this Agreement.

  • Credit Balances No interest or other amount will be paid by the Custodian on any credit balance on an Allocated Account.

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