Notice of Inability to Fulfill Sample Clauses

Notice of Inability to Fulfill. I3 shall notify QTI by telephone and in writing if I3 acquires any information that I3 will not be able to fulfill any Processing request I3 shall promptly notify QTI by telephone and in writing of any other Processing issues that may adversely affect the regulatory status of the Gemstones or the ability of I3 to Process Gemstones in accordance with this Agreement..
Sample 1
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Notice of Inability to Fulfill. University shall notify NeoRx by telephone and in writing immediately if University acquires any information that it will not be able to either (i) fulfill the then most recent Purchase Orders or (ii) maintain Minimum Production Capacity. University shall promptly notify NeoRx by telephone and in writing of any other production issues (including any proposed or potential shutdown of the Facility for any reason) or other information of which University becomes aware that may affect the regulatory status of the Product or the ability of University to supply Product in accordance with this Agreement or any Purchase Orders. For planned, extended reactor shutdowns of greater than one week, the University shall notify NeoRx as soon as the shutdown is scheduled but in no case less than [*] prior to the scheduled shutdown. For shutdowns of [*] duration or less, University shall notify NeoRx as soon as possible. The parties acknowledge that scheduled shutdowns of [*] duration or less, provided the University gives at least [*] notice, are not to be considered in breach of this Agreement. Otherwise, the foregoing notice requirements in no way prevent the University from being in breach of this Agreement for its failure to Process and supply Product to NeoRx pursuant to the terms of this Agreement (including, without limitation, the requirements under Section 2.3 c).
Sample 1
Notice of Inability to Fulfill. University shall notify NeoRx by telephone and in writing immediately if University acquires any information that it will not be able to either (i) fulfill the then most recent Purchase Orders or (ii) maintain Minimum Production Capacity. University shall promptly notify NeoRx by telephone and in writing of any other production issues (including any proposed or potential shutdown of the Facility for any reason) or other information of which University becomes aware that may affect the regulatory status of the Product or the ability of University to supply Product in accordance with this Agreement or any Purchase Orders. For planned, extended reactor shutdowns of greater than one week, the University shall notify NeoRx as soon as the shutdown is scheduled but in no case less than 90 days prior to the scheduled shutdown. For shutdowns of one week’s duration or less, University shall notify NeoRx as soon as possible.
Sample 1
Notice of Inability to Fulfill. I3 shall notify NeoRx by telephone and in writing immediately if I3 acquires any information that it will not be able to fulfill the then most recent Purchase Orders. I3 shall promptly notify NeoRx by telephone and in writing of any other production issues (including any proposed or potential shutdown of the Clinical Manufacturing Facility for any reason) or other information of which I3 becomes aware which may affect the regulatory status of the Product or the ability of I3 to supply Product in accordance with this Agreement and the Purchase Orders.
Sample 1

Related to Notice of Inability to Fulfill

  • Inability to Supply In the event that PerImmune is unable to supply [***] of Progenics' purchase orders for two consecutive quarters, then PerImmune agrees to provide Progenics the right and license to use the relevant Know-how to manufacture or have manufactured KLH for use in producing Ganglioside Vaccine, and to fully cooperate with regulatory authorities to qualify Progenics and/or its designee as a manufacturer of KLH. In such event, at Progenics' request, PerImmune shall promptly disclose to Progenics all Know-how and information reasonably necessary to manufacture KLH and the parties shall mutually agree upon a reasonable schedule for gradually reducing the amount of KLH purchased by Progenics from PerImmune, until such time PerImmune is able to reasonably demonstrate the ability to supply Progenics with its requirements.

  • Inability to Fully Convert (a) Holder's Option if Maker Cannot Fully Convert. If, upon the Maker's receipt of a Conversion Notice, the Maker cannot issue shares of Common Stock registered for resale under the Registration Statement for any reason, including, without limitation, because the Maker (w) does not have a sufficient number of shares of Common Stock authorized and available, (x) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Maker or any of its securities from issuing all of the Common Stock which is to be issued to the Holder pursuant to a Conversion Notice or (y) fails to have a sufficient number of shares of Common Stock registered for resale under the Registration Statement, then the Maker shall issue as many shares of Common Stock as it is able to issue in accordance with the Holder's Conversion Notice and, with respect to the unconverted portion of the Note, the Holder, solely at Holder's option, can elect to:

  • Notice to NYSE Parent shall, to the extent possible, give the NYSE not less than ten (10) days’ advance notice of the Record Date in compliance with Rule 10b-17 under the Exchange Act.

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.

  • Notice to Customers Pershing shall, upon the opening of an account pursuant to Paragraph 5 of this Agreement, mail to each customer a copy of the notice to customers required by NYSE Rule 382(c).

  • Ability to Service The Servicer is an approved seller/servicer of conventional residential mortgage loans for Xxxxxx Xxx or Xxxxxxx Mac, with the facilities, procedures and experienced personnel necessary for the sound servicing of mortgage loans of the same type as the Mortgage Loans. The Servicer is in good standing to service mortgage loans for either Xxxxxx Mae or Xxxxxxx Mac. The Servicer is a member in good standing of the MERS system;

  • Notice to NASD In the event any person or entity (regardless of any NASD affiliation or association) is engaged to assist the Company in its search for a merger candidate or to provide any other merger and acquisition services, the Company will provide the following to the NASD and EBC prior to the consummation of the Business Combination: (i) complete details of all services and copies of agreements governing such services; and (ii) justification as to why the person or entity providing the merger and acquisition services should not be considered an "underwriter and related person" with respect to the Company's initial public offering, as such term is defined in Rule 2710 of the NASD's Conduct Rules. The Company also agrees that proper disclosure of such arrangement or potential arrangement will be made in the proxy statement which the Company will file for purposes of soliciting stockholder approval for the Business Combination.

  • Notice of Completion Promptly after the completion of the distribution of the Securities by the Underwriters, the Representatives shall deliver to the Company a notice in writing confirming the completion of the distribution (the “Notice of Completion”).

  • Notice of Complaints Each Purchaser shall promptly notify the applicable Seller upon becoming aware of any complaint concerning any Serviced Appointment made by any party to the Serviced Corporate Trust Contract, any Securityholder, any Credit Enhancement Provider or any rating agency.

  • Notice to Allow Exercise by Xxxxxx If (A) the Company shall declare a dividend (or any other distribution in whatever form) on the Common Stock, (B) the Company shall declare a special nonrecurring cash dividend on or a redemption of the Common Stock, (C) the Company shall authorize the granting to all holders of the Common Stock rights or warrants to subscribe for or purchase any shares of capital stock of any class or of any rights, (D) the approval of any stockholders of the Company shall be required in connection with any reclassification of the Common Stock, any consolidation or merger to which the Company is a party, any sale or transfer of all or substantially all of the assets of the Company, or any compulsory share exchange whereby the Common Stock is converted into other securities, cash or property, or (E) the Company shall authorize the voluntary or involuntary dissolution, liquidation or winding up of the affairs of the Company, then, in each case, the Company shall cause to be delivered by facsimile or email to the Holder at its last facsimile number or email address as it shall appear upon the Warrant Register of the Company, at least 20 calendar days prior to the applicable record or effective date hereinafter specified, a notice stating (x) the date on which a record is to be taken for the purpose of such dividend, distribution, redemption, rights or warrants, or if a record is not to be taken, the date as of which the holders of the Common Stock of record to be entitled to such dividend, distributions, redemption, rights or warrants are to be determined or (y) the date on which such reclassification, consolidation, merger, sale, transfer or share exchange is expected to become effective or close, and the date as of which it is expected that holders of the Common Stock of record shall be entitled to exchange their shares of the Common Stock for securities, cash or other property deliverable upon such reclassification, consolidation, merger, sale, transfer or share exchange; provided that the failure to deliver such notice or any defect therein or in the delivery thereof shall not affect the validity of the corporate action required to be specified in such notice. To the extent that any notice provided in this Warrant constitutes, or contains, material, non-public information regarding the Company or any of the Subsidiaries, the Company shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K. The Holder shall remain entitled to exercise this Warrant during the period commencing on the date of such notice to the effective date of the event triggering such notice except as may otherwise be expressly set forth herein.

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