Postponement of Scheduled Delivery Date Sample Clauses

Postponement of Scheduled Delivery Date. (i) If for any reason whatsoever the closing of the transactions contemplated hereby is not consummated on the Delivery Date provided for pursuant to Section 2(b) (the "Scheduled Delivery Date"), the closing shall be deemed adjourned to the next Business Day or to such other Business Day on or prior to _______________ as Owner shall specify by written notice to the Pass Through Trustee and the Indenture Trustee. (ii) If the closing fails to occur on the Scheduled Delivery Date, Owner shall cause the Indenture Trustee to promptly return to the Pass Through Trustees any funds provided by any such Pass Through Trustee, together with interest or income earned thereon. (iii) If the closing fails to occur on the Scheduled Delivery Date and funds are not returned, as provided by clause (ii) above, to each Pass Through Trustee that made funds available, Owner shall use reasonable efforts to cause the Indenture Trustee to invest, at the risk of Owner, the funds received by it from such Pass Through Trustees in Cash Equivalents. Any such obligations purchased by Owner, whether directly or through a repurchase agreement, shall be held in trust by the Indenture Trustee for the benefit of the respective Pass Through Trustees that provided such funds. (iv) If the closing fails to occur on the Scheduled Delivery Date, unless Owner shall cause the Indenture Trustee to return all funds to the Pass Through Trustee by 2:00 p.m., New York City time, on the Scheduled Delivery Date, Owner shall reimburse each Pass Through Trustee that has made funds available pursuant to this Section 2 for the loss of the use of its funds an amount equal to the excess, if any, of (x) interest at the Debt Rate on the amount of such funds for the period from and including the Scheduled Delivery Date to but excluding the actual Delivery Date or, if earlier, the day on which such Pass Through Trustee's funds are returned if such return is made by 2:00 p.m., New York City time (or to but excluding the next following Business Day if such return is not made by such time) over (y) any amount paid to such Pass Through Trustee in respect of interest or income earned by Owner pursuant to clause (iii) above. (v) On the Delivery Date or on the date funds are required to be returned to the Pass Through Trustees pursuant to clause (ii) above, Owner shall reimburse the Pass Through Trustees that provided funds which are invested by Owner pursuant to this subsection (d) for any losses incurred on such investmen...
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Postponement of Scheduled Delivery Date. (1) Borrower may change or postpone (indefinitely, or to a specified date) the Scheduled Delivery Date by telephonic notice (to be confirmed promptly in writing) to Security Agent, provided such notice (specifying the new Delivery Date, if any) is received by Security Agent not later than 3:30 p.m. on such Scheduled Delivery Date being postponed (the “Postponement Notice”). Such revised Scheduled Delivery Date shall be deemed the “Scheduled Delivery Date” for all purposes of the Operative Agreements. (2) If the Scheduled Delivery Date is postponed and the Deposit has been paid by the Lenders into the Account, then the Deposit will, pending any return contemplated by Section 2.2(e)(4) below, be invested, together with earnings thereon, and reinvested by Security Agent at the sole direction, for the account, and at the risk of Borrower in an overnight investment selected by Borrower and acceptable to Security Agent (acting reasonably and in good faith). Upon Borrower’s oral (to be confirmed in writing) instructions, earnings on any such investments shall be applied to Borrower’s payment obligations to each Lender under Section 2.2(e)(3) to the extent of such earnings. (3) If the Scheduled Delivery Date is postponed and the Deposit has been paid by the Lenders into the Account, then Borrower shall pay interest hereunder to each Lender on the amount of its Deposit for the period from and including the original Scheduled Delivery Date to but excluding the earlier of (i) the actual Delivery Date or (ii) the date of return of the Deposit to such Lender pursuant to clause (4) below if such amounts are received by such Lender before
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Postponement of Scheduled Delivery Date. If for any reason whatsoever the Closing is not consummated on the Scheduled Delivery Date, Lessee may, subject to the provisions of 1(e) of the Note Purchase Agreement, by telephonic notice, given by 5:00 p.m. New York City time (such telephonic notice to be promptly confirmed in writing by personal delivery or facsimile) on the Scheduled Delivery Date, to Owner Participant and Owner Trustee, designate a Delayed Delivery Date, in which case Owner Participant will keep its funds available. FSB shall promptly return to Owner Participant all funds made available to FSB in accordance with ss. 4.2(a), together with interest or income earned thereon, if the Closing fails to occur on the Scheduled Delivery Date.
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Postponement of Scheduled Delivery Date. (1) Borrower may in the case of each Aircraft change or postpone (to a specified date not later than the Commitment Termination Date) the Scheduled Delivery Date for such Aircraft by telephonic notice (to be confirmed promptly in writing) to each Applicable Lender, provided such notice (specifying the new Delivery Date, if any) is received by such Lenders not later than 4:30 p.m. on such Scheduled Delivery Date being postponed (the “Postponement Notice”). If the revised Scheduled Delivery Date specified in the Postponement Notice is a date after a date specified in clause (x) or (z) of the definition of “Cutoff Date” set forth in Section 2.2(d)(4) hereof, then such revised Scheduled Delivery Date shall be deemed the “Scheduled Delivery Date” for such Aircraft for all purposes of the Applicable Operative Agreements. (2) If the Scheduled Delivery Date for an Aircraft is postponed and the Deposit has been paid by the Lenders into the Account, then the Deposit for such Aircraft will, pending any return contemplated by Section 2.2(d)(4) below, be invested, together with earnings thereon, and reinvested by WFB at the sole direction, for the account, and at the risk of Borrower in an overnight investment selected by Borrower and acceptable to WFB (acting reasonably and in good faith). Upon Borrower’s oral (to be confirmed in writing) instructions, earnings on any such investments shall be applied to Borrower’s payment obligations to each Lender under Section 2.2(d)(3)(ii) to the extent of such earnings. (3) If the Scheduled Delivery Date for an Aircraft is postponed and the Deposit has been paid by the Lenders into the Account, then Borrower shall pay interest hereunder to each Lender on the amount of its Deposit for the period from and including the original Scheduled Delivery Date for such Aircraft to but excluding the earlier of (i) the actual Delivery Date for such Aircraft, (ii) the Cutoff Date (as defined below) or (iii) the date of return of the Deposit to such Lender pursuant to clause (4) below if such amounts are received by such Lender before 11:00 a.m. on such date (and if such amounts are received by such Lender after 11:00 a.m., the next succeeding Business Day). For each Lender, such interest shall accrue on the amount of such Lender’s Deposit at the applicable Debt Rate. Interest on the Deposit accrued pursuant to the preceding sentence shall (i) if accrued to the Delivery Date for such Aircraft, be paid on the first Payment Date following such de...
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Postponement of Scheduled Delivery Date. If for any reason whatsoever the Closing is not consummated on the Scheduled Delivery Date, Lessee may, subject to the provisions of Section 1(e) of the Note Purchase Agreement, by telephonic notice, given by 5:00 p.m., New York City time (such telephonic notice to be promptly confirmed in writing by personal delivery or facsimile), on the Scheduled Delivery Date to each Participant, Owner Trustee and Mortgagee, designate a Delayed Delivery Date, in which case each Participant shall comply with its obligations under Section 4.2(a) on such Delayed Delivery Date.
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Postponement of Scheduled Delivery Date. LMIC recognizes the business reality and necessity of postponing delivery dates, and shall take commercially reasonable steps to accommodate requests for postponement of delivery dates, subject to the following conditions: (a) All work that is completed, is in process, or is scheduled for completion no more than 30 days after receipt of a request for postponement shall be delivered according to schedule, but may be shipped to LMIC's warehouse facility ("LMIC Warehouse") or to an alternative site as instructed by Aldeburgh. All shipments shall be F.O.B. New York and shall be by common carrier or by LMIC vehicles. All title and risk of loss shall pass to Aldeburgh at the F.O.B. point. Aldeburgh shall be responsible for payment of the contract price for such quantity of the Products in accordance with the scheduled delivery date and shall, in addition, pay all applicable warehouse charges.
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Postponement of Scheduled Delivery Date. LMI recognizes the business reality and necessity of postponing delivery dates, and shall take commercially reasonable steps to accommodate requests for postponement of delivery dates, subject to the following conditions: (a) All work that is completed, is in process, or is scheduled for completion no more than 30 days after receipt of a request for postponement shall be delivered according to schedule, but may be shipped to LMI's warehouse facility ("LMI Warehouse") or to an alternative site as instructed by Company. All shipments shall be F.O.B. LMI's shipping dock and shall be by common carrier or by LMI vehicles. All title and risk of loss shall pass to Company at the F.O.B. point. Company shall be responsible for payment of the contract price for such quantity of the Products in accordance with the scheduled delivery date and shall, in addition, pay all applicable warehouse charges.
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Postponement of Scheduled Delivery Date 
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Related to Postponement of Scheduled Delivery Date

  • Delivery Dates If the due date of any notice, certificate or report required to be delivered by the Manager hereunder falls on a day that is not a Business Day, the due date for such notice, certificate or report shall be automatically extended to the next succeeding day that is a Business Day.

  • Delivery Date the date (or period) for delivery of the Goods or Services as specified and agreed in the Contract.

  • Delivery Delay The delivery of any certificate representing the Restricted Stock or other RS Property may be postponed by the Company for such period as may be required for it to comply with any applicable foreign, federal, state or provincial securities law, or any national securities exchange listing requirements and the Company is not obligated to issue or deliver any securities if, in the opinion of counsel for the Company, the issuance of such Shares shall constitute a violation by the Participant or the Company of any provisions of any applicable foreign, federal, state or provincial law or of any regulations of any governmental authority or any national securities exchange.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • Conditions Precedent to the Right of the Company to Deliver an Advance Notice The right of the Company to deliver an Advance Notice and the obligations of the Investor hereunder with respect to an Advance are subject to the satisfaction or waiver, on each Advance Notice Date (a “Condition Satisfaction Date”), of each of the following conditions:

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • Share Termination Delivery Unit One Share or, if the Shares have changed into cash or any other property or the right to receive cash or any other property as the result of a Nationalization, Insolvency or Merger Event (any such cash or other property, the “Exchange Property”), a unit consisting of the type and amount of such Exchange Property received by a holder of one Share (without consideration of any requirement to pay cash or other consideration in lieu of fractional amounts of any securities) in such Nationalization, Insolvency or Merger Event, as determined by the Calculation Agent. Failure to Deliver: Applicable

  • Date of Delivery of Advance Notice An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.

  • Compensation for Buy-In on Failure to Timely Deliver Conversion Shares Upon Conversion In addition to any other rights available to the Holder, if the Company fails for any reason to deliver to the Holder such Conversion Shares by the Share Delivery Date pursuant to Section 4(c)(ii), and if after such Share Delivery Date the Holder is required by its brokerage firm to purchase (in an open market transaction or otherwise), or the Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by the Holder of the Conversion Shares which the Holder was entitled to receive upon the conversion relating to such Share Delivery Date (a “Buy-In”), then the Company shall (A) pay in cash to the Holder (in addition to any other remedies available to or elected by the Holder) the amount, if any, by which (x) the Holder’s total purchase price (including any brokerage commissions) for the Common Stock so purchased exceeds (y) the product of (1) the aggregate number of shares of Common Stock that the Holder was entitled to receive from the conversion at issue multiplied by (2) the actual sale price at which the sell order giving rise to such purchase obligation was executed (including any brokerage commissions) and (B) at the option of the Holder, either reissue (if surrendered) this Debenture in a principal amount equal to the principal amount of the attempted conversion (in which case such conversion shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have been issued if the Company had timely complied with its delivery requirements under Section 4(c)(ii). For example, if the Holder purchases Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of this Debenture with respect to which the actual sale price of the Conversion Shares (including any brokerage commissions) giving rise to such purchase obligation was a total of $10,000 under clause (A) of the immediately preceding sentence, the Company shall be required to pay the Holder $1,000. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of the Company, evidence of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver Conversion Shares upon conversion of this Debenture as required pursuant to the terms hereof.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

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