Obligations During Suspension Sample Clauses

Obligations During Suspension. Notwithstanding the foregoing, it is agreed that if, at any time and from time to time during the term of this Agreement, the Company or the Sales Agent should deliver notice of its decision to suspend any sale of Issuance Shares pursuant to Section 5.03 hereof, then during the period of any such suspension, the Company shall be relieved of its obligations, subject to Section 5.03 hereof, to provide to the Sales Agent the certificates, opinions and letters required pursuant to 4.07, 4.08 and 4.09 hereof. However, whenever such a suspension is lifted, the Company shall be required to deliver to the Sales Agent, prior to the resumption of any sale of Issuance Shares hereunder, the most recent certificate, opinions and letter than would have been required except for such suspension.
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Obligations During Suspension. Notwithstanding the foregoing, it is agreed that if, at any time and from time to time during the term of this Agreement, the Company or BNYCMI should deliver notice of its decision to suspend any sale of Issuance Shares pursuant to Section 5.03 hereof, then during the period of any such suspension, the Company shall be relieved of its obligations to provide to BNYCMI the certificates, opinions and letters required pursuant to 4.07, 4.08 and 4.09 hereof. However, whenever such a suspension is lifted, the Company shall be required to deliver to BNYCMI, prior to the resumption of any sale of Issuance Shares hereunder, the most recent certificate, opinions and letter than would have been required except for such suspension.
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Obligations During Suspension. During any period of suspension, the Contractor will not remove any Work or any equipment and materials, including BC Hydro Property, from the Contractor’s Work Area without the prior written consent of Hydro’s Representative, and will take all commercially reasonable steps to secure and make safe all Work and all such equipment and materials at the Site, including BC Hydro Property, if any. At any time after the commencement of such period of suspension, BC Hydro may give written direction to the Contractor to resume performance of the suspended Work, and, upon receipt of such direction, the Contractor will so resume within the time specified in such direction by Xxxxx’s Representative, acting reasonably. In the event of suspension under Section 17.1 of this Schedule 2 [General Conditions], and provided that such suspension is not due to a default of, or failure of performance by, the Contractor, the Contractor will seek direction from BC Hydro on which Contractor Personnel, if any, should be demobilized from Site. BC Hydro will, in full satisfaction of all Claims the Contractor may have in respect of such suspension, pay to the Contractor the Direct Costs, if any, incurred as a direct result of such suspension, including Direct Costs incurred to demobilize and remobilize any Contractor Personnel demobilized in accordance with BC Hydro’s direction under this Section 17.3. At the end of each month during a suspension, the Contractor may submit an invoice to BC Hydro, along with all supporting documentation reasonably required by BC Hydro, which fully details the Direct Costs claimed by the Contractor in accordance with this Section 17.3 for that month. BC Hydro will pay to the Contractor the amount it approves, acting reasonably, within 60 days of receipt of such an invoice. After 6 months of continuous suspension, the Contract Price will be adjusted for cost escalation, on a one time basis only, in respect of structural steel, Reinforcement and cement to account for the variance in the price of those particular materials from the date on which the suspension commences up to and including the date on which the suspension ceases, in accordance with the following: Price Item #91, #94 and #101 in Appendix 11-1 [Schedule of Prices and Estimated Quantities] will be adjusted, in respect of any structural steel material that had not yet been procured by the Contractor as of the date the suspension commenced only, by an amount equal to the average of the percentag...
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Related to Obligations During Suspension

  • Allocations During the Revolving Period During the Revolving Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders or the Holder of the Seller Interest and pay or deposit from the Collection Account the following amounts as set forth below:

  • Distributions During Lifetime (a) Notwithstanding any provision of this Agreement to the contrary, the distribution of the Participant’s interest in the Custodial Account shall be made in accordance with the requirements of Code Section 408(a)(6) and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of Q&A-4 of Section 1.401(a)(9)-6 of the Income Tax Regulations, rather than paragraphs (b), (c) and (d) below and Section 5.2. The required minimum distributions calculated for this XXX may be withdrawn from another XXX of the Participant in accordance with Q&A-9 of Section 1.408-8 of the Income Tax Regulations. If this is an inherited XXX within the meaning of Code Section 408(d)(3)(C), the preceding sentence and paragraphs (b), (c), and (d) below do not apply.

  • Sales During Pre-Settlement Period Notwithstanding anything herein to the contrary, if at any time on or after the time of execution of this Agreement by the Company and an applicable Purchaser, through, and including the time immediately prior to the Closing (the “Pre-Settlement Period”), such Purchaser sells to any Person all, or any portion, of any shares of Common Stock to be issued hereunder to such Purchaser at the Closing (collectively, the “Pre-Settlement Shares”), such Purchaser shall, automatically hereunder (without any additional required actions by such Purchaser or the Company), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to such Purchaser at the Closing; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to such Purchaser prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares hereunder; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by such Purchaser as to whether or not during the Pre-Settlement Period such Purchaser shall sell any shares of Common Stock to any Person and that any such decision to sell any shares of Common Stock by such Purchaser shall solely be made at the time such Purchaser elects to effect any such sale, if any.

  • Allocations During the Rapid Amortization Period During the Rapid Amortization Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders and pay or deposit from the Collection Account the following amounts as set forth below:

  • Allocations During Period of Liquidation During the period commencing on the first day of the Fiscal Year during which a Dissolution Event occurs and ending on the date on which all of the assets of the Company have been distributed to the Unit Holders pursuant to Section 10.2 of this Agreement (the “Liquidation Period”), the Unit Holders shall continue to share Profits, Losses, gain, loss and other items of Company income, gain, loss or deduction in the manner provided in Article III of this Agreement.

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