Order Procedures. Orders for purchase and redemption will be executed at the net asset value next computed after receipt by the Trust or its designee of such order. For purposes of this Section 2.13, the Company shall be the designee of the Trust for receipt of purchase and redemption orders from the Account and receipt by such designee shall constitute receipt by the Trust; provided that the Company complies with all applicable DTCC rules and procedures. The Company shall communicate to the Trust, by Fund/SERV, the purchase orders and redemption orders for each Account received by 4:00 p.m. Eastern time on Day 1 by no later than the NSCC's Defined Contribution Clearance & Settlement ("DCC&S") Cycle 8 on the following Business Day ("Day 2"). For the avoidance of doubt, orders received in proper form by the Company after the close of trading (currently 4:00 p.m. Eastern Time or such earlier time at which the applicable Portfolio closes) on any given Business Day shall be treated as if received on the next following Business Day.
Order Procedures. (a) UTSTARCOM shall place with SHARP monthly purchase orders in writing for the SUPPLY PARTS at least [*] before the [*] of the production month of the SUPPLY PARTS thereby ordered or at least [*] before the [*] of the month in which the SUPPLY PARTS are to be shipped from the relevant port(s) of shipment, whichever is applicable. By the [*] of each month, non-binding rolling forecasts for the SUPPLY PARTS order for the period of next [*] shall be given to Sharp by UTSTARCOM for Sharp's smooth arrangements of the SUPPLY PARTS. In case the relevant SUPPLY PARTS are to be manufactured outside Japan, however, the number of months provided above shall be increased by [*].
(b) The quantity of each model of the SUPPLY PARTS to be ordered by each of such purchase orders shall be integral multiple of [*].
(c) Such purchase orders shall be deemed only to be offers by UTSTARCOM to purchase the SUPPLY PARTS on and subject to the terms and conditions of this Agreement and such other terms and conditions as may be set forth in any SHARP price-list, estimate or other similar documents in effect at the date when UTSTARCOM's order is accepted.
(d) SHARP may accept or reject the purchase orders submitted by UTSTARCOM. The acceptance by SHARP of such purchase orders shall be made only by execution and delivery by SHARP of the SALES CONTRACT (which form is designated by SHARP and is subject to revision made from time to time by SHARP at its sole discretion), thereupon such SALES CONTRACT shall be deemed to be the final and conclusive contract between the parties for the purchase and sale of the SUPPLY PARTS therein described. Immediately upon receipt by UTSTARCOM of the said SALES CONTRACT, UTSTARCOM shall sign and return to SHARP the duplicate copy of such SALES CONTRACT but failure of UTSTARCOM to do so shall not affect the validity of such SALES CONTRACT as provided hereinabove. It is specifically agreed, however, that if any export license or permission is required for the exportation of the SUPPLY PARTS the SALES CONTRACT shall come into effect only when such export license or permission shall have been obtained. UTSTARCOM agrees that due to delay in obtaining such license or permission the shipping date of the SUPPLY PARTS as set forth in the SALES CONTRACT may be delayed and that such delay shall not constitute a breach by SHARP of the SALES CONTRACT; provided, however, that SHARP will ship the SUPPLY PARTS as soon as practicable after the shipping date set forth in t...
Order Procedures. (a) Schedule 5.1(a) sets forth the procedure agreed to by the Parties for the purchases to be made under this Agreement.
(b) In the event of any inconsistency between the terms and conditions contained in this Agreement and the terms and conditions of any Order Document or other written agreement executed by the Parties, the terms of this Agreement shall prevail unless such Order Document or other written agreement expressly purports to modify such terms.
(c) Except as otherwise provided for in Sections 2.4 and 4.3 - 4.6, only an Order Document duly executed by Mirror and accepted by Nortel as provided in this Article V shall constitute a firm commitment to purchase on the part of Mirror and a firm commitment to supply or provide the subject Equipment or Services on the part of Nortel.
Order Procedures. 3.1 Imtec will place an initial order within fourteen (14) days of this Agreement being signed. This order shall be for five hundred (500) units of product to be delivered to a schedule defined by the order, but in any case within fifteen (15) months of the formal acceptance by Imtec of the Mark 0 xersion of the SLC 436. This order quantity and delivery schedule shall be dependent on the specification, performance and manufacturing quality of the Mark 0
Order Procedures. Orders under the Framework Agreement
Order Procedures. Operator shall comply with the Order Procedures regarding the receipt and delivery of orders for the Standard Offers and Consumer Offers (“Orders”). All Orders shall be subject to acceptance or rejection by DIRECTV in its discretion.
Order Procedures. Orders received from you will be accepted only ---------------- at the public offering price applicable to each order, as described in the current Fund prospectus at the time of the acceptance of the order. Procedures relating to the handling of orders will be subject to instructions which we shall forward from time to time to you. All orders are subject to acceptance or rejection by the Corporation in its sole discretion. No conditional order will be accepted on any basis other than a definite price. You and we understand and agree that you are acting as agent of the Corporation and the Funds under this Agreement and you are in no way responsible for the manner of our performance or for any of our acts or omissions in connection therewith. You agree to place orders received from your customers as soon as practicable after your receipt of such orders. You further agree that you will not withhold placement of orders in order to profit from such withholding; e.g., by a change in the net asset value from that used in determining the public offering price to your customers.
Order Procedures a. Company and EMD shall mutually determine all quantities of Records to be manufactured hereunder. All orders for Records shall be evidenced by a written purchase order or fax, signed by an authorized representative of each of Company and EMD. Orders must include all information necessary to properly identify the product to be manufactured, including artist, title, catalog number, configuration, quantity, special handling or special items requested by Company and desired delivery date.
b. Prior to manufacture, an order must be Workable. A "Workable" order is an order for which all of the necessary items to be furnished by Company (such as Masters, Components and similar materials) have been received by EMD. Subject to the continuing availability of sufficient quantities of Components, EMD shall use reasonable efforts to make finished goods Records available no later than the following time periods from and after the close of business on the date on which the order becomes Workable: ten (10) business days in the case of new orders; and five
Order Procedures. 1. XXXXXX shall issue to VENDOR, by the fifth (5th) business day of every month (except for January, April, July, and October, for which the seventh (7th) business day shall be applicable in the case of issuing an order to RC , or by the third (3rd) business day of every month in the case of issuing an order to RE, or by the first (1st) business day of every month in the case of issuing an order to RA, a firm order for the PRODUCTS (excluding Spare Parts defined is Article 12) to be manufactured during the following second (2nd) month and forecast for the PRODUCTS (excluding Spare Parts defined in Article 12) to be manufactured during the following third (3rd) month respectively.
2. Upon receipt of each firm order and forecast, VENDOR shall send written acknowledgement of such order to XXXXXX by the twenty-fifth (25th) calendar day of the same month. A firm order so acknowledged shall be final and binding upon the parties hereto. [Example] On or before the 5th (1st or 3rd) business day of May, XXXXXX shall place a firm purchase order for the PRODUCTS (excluding Spare Parts defined is Article 12) to be manufactured during the month of July, with the forecasts for August.
3. The forecasts far the production in the following third (3rd) month may fluctuate in terms of quantity within the range of plus or minus twenty-five percent (25%) with respect to each item of the PRODUCTS (excluding Spare Parts defined is Article 12), when such forecasts are converted to firm orders.
4. The firm purchase orders and forecasts set forth in paragraph 1 above shall be issued as shown below for respective regions of the TERRITORY. --------------------------------------------------- Region From --> to --------------------- --------------------------- North & Latin America LATER Worldwide --> RC --------------------------------------------------- Western Europe XXXXXX Europe AG --> RE --------------------------------------------------- Australia XXXXXX Australia --> RA ---------------------------------------------------
5. Any terms or conditions printed on the face or the reveres side of XXXXXX'x purchase order and/or VENDOR's acknowledge form shall not be part of this Agreement even in the event such purchase order sheet or VENDOR's acknowledgement form is signed and returned by VENDOR to XXXXXX or XXXXXX to VENDOR.
6. PRODUCTS (excluding Spare Farts defined in Article 12) purchased by XXXXXX'x subsidiaries and affiliates within the TERRITORY which are disclosed to and accept...
Order Procedures. The procedures for the sale of Shares in the Offering shall be as provided in the Prospectus. Except as otherwise provided in the Prospectus, each investor desiring to purchase Shares in the Offering shall be required to deliver to the Holding Company on or before the Closing a signed order form (in a form acceptable to you and the Holding Company). Order forms will only be distributed with a Prospectus. The Holding Company and the Sales Agent shall comply with the Prospectus delivery requirements under the Act and the Securities and Exchange Act of 1934, as amended (the "Exchange Act"). Investors desiring to purchase Shares shall also be required to submit payment for each Share subscribed for at the time they submit an order form or at such other times as are described in the Prospectus. Photocopies of all order forms received by the Holding Company shall be provided to the Sales Agent within 2 business days of receipt of such order forms by the Holding Company. The Holding Company shall have the right to reject any order for Shares in whole or in part. The Sales Agent shall also have the right to reject or cancel any order for Shares in whole or in part if it is prohibited by applicable law, regulation, or NASD rule from making such sale.
