Notice of a Deficiency Sample Clauses

Notice of a Deficiency. Offer shall be sent, by first class mail, by Publishing to all Holders, with a copy to the Trustee, not less than 30 days nor more than 45 days before the Deficiency Repurchase Date at their last registered address. The Deficiency Offer shall remain open from the time of mailing until five days (or such shorter period as may be required under applicable law) before the Deficiency Repurchase Date. The notice shall be accompanied by a copy of the information regarding Parent required to be contained in a Quarterly Report filed pursuant to the Exchange Act on Form 10-Q (x) for Parent's first fiscal quarter if the Deficiency Date is the last day of Parent's second fiscal quarter, (y) for Parent's second fiscal quarter if the Deficiency Date is the last day of Parent's third fiscal quarter or (z) for Parent's third fiscal quarter if the Deficiency Date is the last day of Parent's last fiscal quarter. If the Deficiency Date is the last day of Parent's first fiscal quarter, a copy of the information required to be contained in an Annual Report to Shareholders pursuant to Rule 14a-3 under the Exchange Act for the fiscal year ending immediately prior to such Deficiency Date and in an Annual Report filed pursuant to the Exchange Act on Form 10-K for such fiscal year shall accompany the notice. If Parent is not subject to the requirements of Section 13 or 15(d) of the Exchange Act, the notice shall be accompanied by financial statements, including any notes thereto (and, in the case of a fiscal year end, an auditors' report of a firm of established national reputation reasonably satisfactory to the Trustee), comparable to that which Parent would have been required to include in such Quarterly Reports or Annual Report to Shareholders, as the case may be. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Deficiency Offer. The notice, which shall govern the terms of the Deficiency Offer, shall state: (1) that the Deficiency Offer is being made pursuant to this Section 4.04; (2) the Deficiency Repurchase Amount, the purchase price (including the amount of accrued interest) and the Deficiency Repurchase Date; (3) whether Publishing has elected to credit against the Deficiency Repurchase Amount, and has delivered to the Trustee for cancellation, the Senior Notes that are to be made the basis for such credit and, if so, the amount of such Senior Notes; (4) that any Senior Note not tendered or acce...
Sample 1

Related to Notice of a Deficiency

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Notice of Nonpayment The Trustee shall notify the Grantor and the commissioner, by certified mail within 10 days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.

  • Reportable Event Reportable Event" means a "reportable event" as defined in Section 4043(b) of ERISA.

  • Notice of Violation The Concessioner shall give the Director in writing immediate notice of any written threatened or actual notice of violation from other regulatory agencies of any Applicable Law arising out of the activities of the Concessioner, its agents or employees.

  • Obtain Deficiency If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.

  • Notice of Lay-off All regular employees shall be given in writing the following notice of lay-off or salary in lieu of notice: a) Two (2) weeks' notice where the employee has been employed less than three (3) years. b) After the completion of a period of employment of three (3) consecutive years, one (1) additional weeks’ notice, and for each subsequent completed year of employment, an additional week's notice up to a maximum of eight (8) weeks' notice. c) In the event of office closure, Article 14.04(b) will apply. (This shall not apply to temporary job sites.) The period of notice shall not coincide with an employee's annual vacation.

  • Reportable Events Involving the Xxxxx Law Notwithstanding the reporting requirements outlined above, any Reportable Event that involves solely a probable violation of section 1877 of the Social Security Act, 42 U.S.C. §1395nn (the Xxxxx Law) should be submitted by Practitioner to CMS through the self-referral disclosure protocol (SRDP), with a copy to the OIG. If Practitioner identifies a probable violation of the Xxxxx Law and repays the applicable Overpayment directly to the CMS contractor, then Practitioner is not required by this Section III.G to submit the Reportable Event to CMS through the SRDP.

  • Notice of Layoff The Employer shall make every reasonable effort under the circumstances to provide affected employees with at least fourteen (14) calendar days’ notice prior to the contemplated effective date of a layoff.

  • Notice of Potential Claims The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional.

  • ERISA Reportable Event A reportable event with respect to a Guaranteed Pension Plan within the meaning of §4043 of ERISA and the regulations promulgated thereunder as to which the requirement of notice has not been waived.

Most Referenced Clauses

Most Referenced Definitions