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...
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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 Division by certified mail within 10 days following 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.

  • Notice of Event of Default If the Mortgagee shall have Actual Knowledge of an Event of Default or of a Default arising from a failure to pay Rent, the Mortgagee shall give prompt written notice thereof to the Owner Trustee, the Owner Participant, Lessee, and each Note Holder. Subject to the terms of Sections 2.13, 4.03, 4.04, 4.08, 5.02 and 5.03 hereof, the Mortgagee shall take such action, or refrain from taking such action, with respect to such Event of Default or Default (including with respect to the exercise of any rights or remedies hereunder) as the Mortgagee shall be instructed in writing by a Majority in Interest of Note Holders. Subject to the provisions of Section 5.03, if the Mortgagee shall not have received instructions as above provided within 20 days after mailing notice of such Event of Default to the Note Holders, the Mortgagee may, subject to instructions thereafter received pursuant to the preceding provisions of this Section 5.01, take such action, or refrain from taking such action, but shall be under no duty to take or refrain from taking any action, with respect to such Event of Default or Default as it shall determine advisable in the best interests of the Note Holders; PROVIDED, HOWEVER, that the Mortgagee may not sell the Aircraft or any Engine without the consent of a Majority in Interest of Note Holders. For all purposes of this Trust Indenture, in the absence of Actual Knowledge on the part of the Mortgagee, the Owner Trustee or the Owner Participant, the Mortgagee, the Owner Trustee or the Owner Participant, as the case may be, shall not be deemed to have knowledge of a Default or an Event of Default (except, in the case of the Mortgagee, the failure of Lessee to pay any installment of Basic Rent within one Business Day after the same shall become due, if any portion of such installment was then required to be paid to the Mortgagee, which failure shall constitute knowledge of a Default) unless notified in writing by Lessee, the Owner Trustee, the Owner Participant or one or more Note Holders.

  • 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 16.01 In the event of a proposed layoff, the Employer shall: (a) provide the Union with no less than 6 months written notice of the proposed layoff or elimination of position; and (b) provide to the affected employee(s), if any, who will be laid off or whose job will be eliminated, with no less than four (4) months written notice of layoff, or pay in lieu thereof. (c) provide the Union Representative with available space and time, if scheduled to work, to meet with the employee on the date the notice of layoff is given.

  • 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 notify all employees who are to be laid off, fourteen (14) calendar days prior to the effective date of the layoff or shall award pay in lieu thereof.

  • 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.

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