Minor Defects. “Minor Defects” means conditions under which the Product is usable and the condition does not adversely affect BTE’s operations. These problems are those resulting in a minor failure that is cosmetic or de minimis in nature.
Minor Defects. Notwithstanding the other provisions of this Section 11.3, the applicable Loan Parties or Agents may (but shall have no obligation to) amend or supplement the Credit Documents without the consent of any other Secured Party for the purpose of (a) curing any ambiguity, defect or inconsistency to correct any typographical errors or other similar mistakes that do not modify the rights and obligations of the parties hereto, (b) (i) making any change that would provide any additional rights or benefits to the Secured Parties or (ii) making, completing or confirming any grant of Collateral permitted or required by this Agreement or any of the Credit Documents or any release of any Collateral that is otherwise permitted under the terms of this Agreement and the Credit Documents (or, if not addressed therein, not prohibited) and (c) making administrative or mechanical amendments to this Agreement or any of the Credit Documents to provide for the addition of obligations secured by the Collateral and the related secured parties and otherwise to effect the intent of Section 5.2 of the Intercreditor Agreement or the addition of any Loan Party as permitted or required under the Credit Documents so long as such amendments do not modify the rights and obligations of the parties hereto (other than, for the avoidance of doubt, as may result from having additional secured obligations benefiting from the Collateral and additional secured parties voting as provided herein and having other rights of secured parties under this Agreement and under the Credit Documents).
Minor Defects. Notwithstanding the other provisions of this Section 9.9, the applicable Borrower Parties or the Administrative Agent may (but shall have no obligation to) amend or supplement the Credit Documents without the consent of any other Secured Party for the purpose of (a) curing any ambiguity, defect or inconsistency to correct any typographical errors or other similar mistakes that do not modify the rights and obligations of the parties hereto, (b) subject to Section 2.1 of the Intercreditor Agreement and the lien priority and subordination provisions therein, (i) making any change that would provide any additional rights or benefits to the Secured Parties or (ii) making, completing or confirming any grant of Collateral permitted or required by this Agreement or any of the Credit Documents or any release of any Collateral that is otherwise permitted under the terms of this Agreement and the Credit Documents or any release of any Collateral that is otherwise permitted under the terms of this Agreement and the Credit Documents (or, if not addressed therein, not prohibited) and (c) making administrative or mechanical amendments to this Agreement or any of the Credit Documents to provide for the addition of obligations secured by the Collateral and the related secured parties and otherwise to effect the intent of Section 3.8 of the Intercreditor Agreement or the addition of any Borrower Party as permitted or required under the Credit Documents so long as such amendments do not modify the rights and obligations of the parties hereto (other than, for the avoidance of doubt, as may result from having additional secured obligations benefiting from the Collateral and additional secured parties voting as provided herein and having other rights of secured parties under this Agreement and under the Credit Documents).
Minor Defects. Minor defects are definitely objectionable but will not cause failure of the can to fulfill its intended purposes. Minor defects are not serious but may affect the appearance of the cans and may result in unacceptability by the ultimate consumer.
Minor Defects. For a period of [•] after the Availability Certificate has been issued, the Contracting Authority will not be at liberty to specify a Performance Deduction for any Minor Defect that had been notified to the Contracting Authority by the Contractor prior to the issuing of the Availability Certificate.
Minor Defects. If Buyer properly gives notice of a Defect as permitted in Section 4.5(a) and if such Defect is a Minor Defect, Seller, at Seller's option, may elect, by written notice to Buyer given within five (5) days of receipt of Buyer's notice of objection, to either (i) delete the Affected Property from the purchase or (ii) undertake to resolve the objection. If Seller elects to delete the Affected Property from the purchase, the Affected Property shall no longer be included in the Property and the Sales Price shall be reduced by the amount allocated to such Affected Property pursuant to Section 2.4 unless, within two (2) days of receipt of Seller's notice electing to exclude the Affected Property, Buyer advises Seller in writing that Buyer waives the Minor Defect, in which case, the Affected Property shall not be excluded, the Sales Price shall not be reduced and the transaction will close as otherwise scheduled, with Buyer acquiring the Property subject to the Minor Defect. If Seller elects to resolve the Minor Defect, Seller shall promptly undertake and complete the cure of the Minor Defect with due diligence, at Seller's expense, and Buyer shall be obligated to close the purchase of the Property, including the Affected Property, even though, on the Closing, Seller has not completed the cure of the Minor Defect. If within six (6) months following the Closing, the Defect has still not been resolved, Buyer may undertake to complete the cure and charge Seller with the reasonable out-of-pocket expenses and costs actually incurred by Buyer to effect the cure, such amounts to be paid to Buyer by Seller within fifteen (15) days of receipt of reasonably satisfactory evidence of such costs and expenses. Buyer agrees that, with respect to any Minor Defect relating to a Title Report or a Survey, such Minor Defect will be deemed satisfactorily resolved if Seller provides a title policy endorsement to Buyer insuring over such Minor Defect.
Minor Defects. Those that affect the aesthetic appearance of bottles, without in any way affecting the product's quality or causing interruptions during bottling. This could include but are not limited to:
a. Seed - Air bubbles of glass embedded in the glass, caused in the operation process. AQL - 2.5
b. Hard Blister - Air bubbles embedded well within the middle of the glass walls. It is more of an appearance problem. AQL - 2.5
c. Body Markx - Xxxxx xxxch appear in the exterior surface of the bottle, causing a poor appearance. AQL - 2.5
Minor Defects. Notwithstanding the other provisions of this Section 9.9, the applicable Borrower Parties, Administrative Agent or Collateral Agent may (but shall have no obligation to) amend or supplement the Credit Documents without the consent of any other Secured Party for the purpose of (a) curing any ambiguity, defect or inconsistency, (b) making any change that would provide any additional rights or benefits to the Secured Parties or that does not adversely affect the legal rights hereunder of any Secured Party and (c) making, completing or confirming any grant of Collateral permitted or required by this Agreement or any of the Credit Documents or any release of any Collateral that is otherwise permitted under the terms of this Agreement and the Credit Documents.
Minor Defects. Contractor shall readjust, straighten, and repair minor defects and fabrication errors which are normally encountered in Company-Furnished Items. When field labor is needed to correct significant errors in Company-Furnished Items, Contractor shall furnish such labor where so requested by the manufacturer or by Company with the consent of the manufacturer, and Contractor shall be entitled to seek a Change Order for such work.
Minor Defects. 20.1 A PC Certificate shall not be served or if served shall not be effective unless:
20.1.1 the Property must be fully connected with all appropriate Service Media fencing erected and the Property left in a good and clean condition cleared of all unused building materials, plant and equipment used in such works and of any temporary structures if so reasonably requested and accessible and fit for use and habitation by the Council and its tenants;
20.1.2 Capstone has complied with all the conditions in the Planning Permission and the Section 106 Agreement insofar as they relate to the Property and/or the occupation and enjoyment thereof and has carried out the Works in accordance with the Specification however, there is no obligation on the part of Capstone to supply written notice of discharge of the conditions from the Local Authority provided that it has properly applied to the Local Authority for such discharge, used reasonable endeavours to secure the same and has provided reasonable evidence to the Council of both the application and the correspondence chasing approval to it;
20.2 The service of such notices shall not be affected by the non-completion of:
20.2.1 the turfing to the gardens of any Dwellings where the weather would have made that inappropriate (and which Capstone shall in such case complete as soon as reasonably practicable afterwards); and
20.2.2 any outstanding matters of a minor nature or the remedying of any minor defects not (in either case) affecting or interfering with the reasonable enjoyment of any Dwelling which Capstone will make good as soon as reasonably practicable after being notified of them but without prejudice to clauses 19.1 and 19.2.
20.3 Notwithstanding any other provisions of this Agreement, a PC Certificate shall not be issued, and the Council shall not be obliged to make the Practical Completion Payment or take Handover in the period from 10 Working Days before Christmas Day to the fifth Working Day after 1 January.
20.4 Capstone will comply with the requirements of the Handover Information and produce to the Council’s Representative or the Council the documents set out therein at the times specified therein.
