Non-Payments. The Bank undertakes that if any amount required to be paid pursuant to this Guarantee in respect of any Distribution payable in respect of the most recent Distribution Period has not been paid, whether by reason of the limitations of Clause 2.2 (Limitations to the Guarantee Payments in relation to the Distributions) or otherwise, no dividends (except in the form of the Bank Shares or other shares of the Bank ranking junior to the obligations of the Bank under this Guarantee) will be declared or paid or set aside for payment, or other distribution made, upon the Bank Shares or any other class of share capital or any securities of the Bank ranking junior to this Guarantee, nor will any Bank Shares or any other class of share capital or securities of the Bank ranking junior to the obligations of the Bank under this Guarantee, be redeemed, repurchased or otherwise acquired for any consideration (or any moneys be paid to or made available for a sinking fund for the redemption of any such Bank Shares, class of share capital or securities) by the Bank (except by conversion into or in exchange for shares or securities of the Bank ranking junior to this Guarantee), until such time as the Issuer or the Bank pursuant to this Guarantee shall have made payment of, or set aside payment with respect to, full Distributions on two consecutive Distribution Periods (Fixed) or on four consecutive Distribution Periods (Floating) (or, if applicable, for one Distribution Period (Fixed) and two consecutive Distribution Periods (Floating)) in respect of all Preferred Securities then outstanding.
Non-Payments. The Bank undertakes that if any amount required to be paid pursuant to this Guarantee in respect of any Distribution payable in respect of the most recent Distribution Period has not been paid, whether by reason of the limitations of Clause 2.2 and 2.3 or otherwise, no distributions (except distributions in the form of the Bank Shares or other shares of the Bank ranking junior to the obligations of the Bank under this Guarantee) will be declared or paid or set aside for payment, or other distribution made, upon the Bank Shares or any other class of share capital or any securities of the Bank ranking junior to this Guarantee, nor will any Bank Shares or any other class of share capital or securities of the Bank ranking pari passu with or junior to the obligations of the Bank under this Guarantee, be redeemed, repurchased or otherwise acquired for any consideration (or any moneys be paid to or made available for a sinking fund for the redemption of any such Bank Shares, class of share capital or securities) by the Bank (except by conversion into or in exchange for shares or securities of the Bank ranking junior to this Guarantee), until such time as the Issuer or the Bank pursuant to this Guarantee shall have made payment in full of Distributions on two consecutive Distribution Payment Dates in respect of all Preferred Securities then outstanding.
Non-Payments. Geo Advisory Services honors a grace period of 5 consecutive working days to commencement of office work, if payment is not received work will stop and that project will be put on hold. If late payment occurs the payment is subject to interest, singularly composed interest per month shall apply to all outstanding balances at a prime rate of 12%pm (Twelve Percent per month). Any legal cost incurred by ourselves to obtain payment shall be to that representative clients account on the Attorney and Client basis. Geo Advisory Services reserves the right to withhold final products and reports until paid for in full.
Non-Payments. 11.1 A Client will be deemed to be in default if the Client fails to pay the Contractor fees within 7 working days following the completion of satisfactory delivery of the services set out in the Statement of Work, and submission of approved invoices.
11.2 If a Client is in default, Pūmanawa Mahi may, without notice, temporarily or permanently close the Client’s Account and revoke the Client’s access to the Site and Site Services, including the Client’s authority to obtain any additional Contractor Services from other Contractors through the Site. However, the Client will remain responsible for any amounts that accrue on any continuing Assignments at the time any limitation is put on the Client’s Account as a result of the default.
11.3 Without limiting other available remedies, Clients must pay Pūmanawa Mahi upon demand for any amounts owed, plus interest on the outstanding amount at the rate of 5% per month plus legal fees and other costs of collection to the extent permitted by applicable law.
11.4 Pūmanawa Mahi does not guarantee that any Client is able to pay or will pay Contractor Fees and Pūmanawa Mahi is not liable for Contractor Fees if the Client is in default.
11.5 Contractors may use the dispute process as described in this Agreement in order to recover funds from Client in the event of a default or may pursue such other legal remedies available against Client as the Contractor chooses. Likewise, Pūmanawa Mahi may also use the dispute process as described in this Agreement in order to recover funds from the Client in the event of a default or may pursue such other legal remedies available against Client as Pūmanawa Mahi chooses.
Non-Payments. If cleared funds are not received within our required timeframes (including as set out above), particularly if such non-payment issues are serious or persistent:
a) we may suspend or cancel your access to Duties Online as permitted under the Terms (without limiting the grounds on which we may exercise these rights), and/or b) you may be subject to penalties for failure to comply with payment obligations under the Terms pursuant to section 43 of the TAA.
Non-Payments. In the event of non-payments Therapy Expert reserves the right to pass on your contact details to third parties that enable Therapy Expert to collect the due payments. This might include debt collection companies and solicitors.
Non-Payments. The Agent shall not be deemed to have knowledge of the occurrence of payments or non-payments by IVI to the Lenders unless the Agent have received notice of such from Lender or IVI. In the event that the Agent receives a notice of non-payment, the Agent shall give prompt notice thereof to all of the Lenders.
Non-Payments. The Collateral Agents shall not be deemed to have knowledge of the occurrence of payments or non-payments by Datakey to the Lenders unless such Collateral Agent has received notice of such from a Lender or Datakey. In the event that the Collateral Agent receives a notice of nonpayment, the Collateral Agent shall give prompt notice thereof to all of the Lenders.
Non-Payments. In the event Contractor is not paid by Client any sum claimed due by Subcontractor, then Contractor's obligation to make payment to Subcontractor with respect to the time for payment to Subcontractor shall, in addition to any other conditions set forth in this Master Subcontract Agreement or the Contract Documents, be subject to the following conditions precedent: If Contractor does not pay Subcontractor sums claimed due under the Subcontract as a result of nonpayment by the Client and such nonpayment is thereafter "finally adjudged" (as hereafter defined) to have been caused by a breach by Contractor of the Prime Contract, then Contractor shall pay to Subcontractor such sum as is due under this Subcontract, inclusive of and limited to simple interest thereon at the rate of 5% per annum accruing from the date such sum was first due and owing to Subcontractor as set forth above. The term "finally adjudged" as used in this Paragraph (i) shall mean the date final judgment is entered in any action by Contractor against Client for recovery of sums due under the Prime Contract. If Contractor does not pay Subcontractor sums claimed due under the Subcontract as a result of nonpayment by the Client and such nonpayment is caused by the Client's insolvency, bankruptcy, or lack of sufficient assets, or for reasons other than a breach by Contractor of the Prime Contract as provided in Paragraph (A) above, then Subcontractor's right to payment shall be conditioned upon the passage of such time as may be reasonable and necessary for Contractor to fully exercise and exhaust to final judgment its legal, extra judicial and appellate rights and remedies for collection of sums unpaid by Client, together with the passage of such additional time as reasonably necessary for execution by Contractor of any final judgment entered in its favor. Simple interest only on such sums as are due to Subcontractor under this Paragraph (ii) shall accrue and be payable to Subcontractor at the rate of 5% per annum commencing from the expiration of the reasonable time reserved to Contractor in this Paragraph (ii) for recovery and collection from Client. Subcontractor agrees to preserve and maintain its mechanic's lien and stop notice rights with respect to the project and to exercise and exhaust those rights in the event that Contractor does not pay Subcontractor sums due under the Subcontract as a result of payment default on the part of the Client under the Prime Contract. Nothing contained he...
