Priority of Orders Sample Clauses

Priority of Orders. All orders received in the order book are sorted and matched based on a protocol of variables to be considered in the following order: (i) price, (ii) firm (provided, however, that a firm order that constitutes an Iceberg order which is indicated as having zero notional amount visible shall be considered after all other displayed firm orders), (iii) non-firm (see Section 9), (iv) time.
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Priority of Orders. Sales of Securities held for the Account will be made only by or through us, as Manager. Sales of Securities held by an Underwriter (other than for carrying purposes) will be for the sole account of such Underwriter. We may determine that a portion of the Securities of one or more ma turities will be allocated as Retentions to one or more of the Managers and not sold by the Account. We will notify you of any Retentions so determined. Unless we otherwise provide in the Initial Wire or in a Pricing Wire (upon consultation with the Issue r where appropriate, or if so requested by the Issuer) and other than Retentions, the priority to be accorded to different types of orders to purchase Securities from the Account will be as follows: 1. Group net orders (public offering price) 2. Net designated orders (public offering price less Total Takedown or as otherwise specified in the Initial Wire or in a Pricing Wire) 3. Member orders (public offering price less Total Takedown) We may change the order indicated above (upon consultation with the Issuer where appropriate, or if so requested by the Issuer), provided that, on a case-by-case basis, we also may allocate Securities in a manner other than in accordance with the agreed-upon order of priority if we determine, in our sole and absolute discretion, that such allocation is in the best interest of the Account. We will promptly communicate any change governing the priority of orders to all Underwriters participating in the Account; provided, however, that the failure to communicate such information shall not be construed as releasing any Underwriter from any responsibility or liability to the Account under this Master Agreement. Within a priority, we may grant preference in allocation to institutional purchasers, retail purchasers or such other purchasers as we determine in our discretion to be desirable, and not contrary to the best interest of the Account. No orders obtained by you (other than for Retentions) will be confirmed by you until approved by us. The amount of your Participation will not entitle you to the confirmation by us to you of any Securities and we will only accept orders in accordance with the priorities established by this Master Agreement or as modified in the Initial Wire or in a Pricing Wire. Orders submitted by you for your account will be treated as orders at the public offering price less any applicable Total Takedown unless otherwise requested at the time such orders are submitted to us. W...
Priority of Orders. If GWI determines that Supplier is unlikely ------------------ to be able to schedule production as indicated in Section 4.3(b) above, then GWI shall advise Supplier of the priority of production within the Primary Facility for GWI's Binding Primary Commitments, Binding Secondary/Steriles Commitments, POs for Clinical Materials or for Primary Inventory and Replenishment Products. If a change in a Replenishment Forecast previously delivered by GWI, the issuance by GWI of a new PO for Secondary/Steriles Products or for Primary Products from Primary Inventory or other causes under GWI's primary control (but not under Supplier's control) is the basis for the delivery of such notice, the parties' obligations with respect to the production, purchase and sale of Products, including without limitation obligations with respect to service level, shall be modified in accordance with the adjustments in scheduled delivery dates made by GWI pursuant to this Section 4.3.
Priority of Orders. Unless we otherwise provide in the Invitation Wire, the priority to be accorded to different types of orders to purchase Securities from the Account shall be as follows: 1. Presale orders 2. Group net orders 3. Net designated orders 4. Member orders We may change the order indicated above only with the consent of Participants having a majority interest in the Account. On a case-by-case basis, we also may allocate Securities in a manner other than in accordance with the agreed-upon order of priority if we determine, in our sole and absolute discretion, that such allocation is in the best interest of the Account. We will promptly communicate any change governing the priority of orders to all Participants; provided, however, that the failure to communicate such information shall not be construed as releasing any Participant from any responsibility or liability to the Account under this Master Agreement.
Priority of Orders. (a) A Member undertaking business on his own account or on account of a director, employee, Responsible Individual, or trader of the Member as well as on account of other clients shall always give priority to the orders of such other clients. However, this Rule does not require Members with house or other proprietary orders already entered in IPE ETSthe ICE Platform when a client order is received at the same price, to give precedence to that client order.

Related to Priority of Orders

  • PRIORITY OF USE Any schedule or milestone in this Agreement is estimated based upon the Parties' current understanding of the projected availability of NASA goods, services, facilities, or equipment. In the event that NASA's projected availability changes, Partner shall be given reasonable notice of that change, so that the schedule and milestones may be adjusted accordingly. The Parties agree that NASA's use of the goods, services, facilities, or equipment shall have priority over the use planned in this Agreement. Should a conflict arise, NASA in its sole discretion shall determine whether to exercise that priority. Likewise, should a conflict arise as between two or more non-NASA Partners, NASA, in its sole discretion, shall determine the priority as between those Partners. This Agreement does not obligate NASA to seek alternative government property or services under the jurisdiction of NASA at other locations.

  • Priority of Notes Note A-1 and Note A-2 shall be of equal priority, and no portion of any of Note A-1 or Note A-2 shall have priority or preference over any portion of the other Note or security therefor. Except for the Excluded Amounts, all amounts tendered by the Borrower or otherwise available for payment on the Mortgage Loan, whether received in the form of Monthly Payments, a balloon payment, Liquidation Proceeds, proceeds under any guaranty, letter of credit or other instrument serving as security on the Mortgage Loan, proceeds under title, hazard or other insurance policies or awards or settlements in respect of condemnation proceedings or similar exercise of the power of eminent domain shall be distributed by the Master Servicer and applied to Note A-1 and Note A-2 on a Pro Rata and Pari Passu Basis. The Servicing Agreement may provide for the application of Penalty Charges paid in respect of the Mortgage Loan to be used to (i) pay the Master Servicer, the Trustee or the Special Servicer for interest accrued on any Property Advances, (ii) to pay the parties to any Securitization for interest accrued on any P&I Advance, (iii) to pay certain other expenses incurred with respect to the Mortgage Loan and (iv) to pay to the Master Servicer and/or the Special Servicer as additional servicing compensation, except that, for so long as Note A-2 is not included in a Securitization, any Penalty Charges allocated to Note A-2 that are not applied pursuant to clauses (i)-(iii) above shall be remitted to the respective Holder and shall not be paid to the Master Servicer and/or the Special Servicer without the express consent of such Holder.

  • Priority of Documents In the event of inconsistency between the terms of this Agreement and the Project Manual, the terms of this Agreement shall prevail.

  • Priority of Liens (a) Notwithstanding (i) the date, time, method, manner, or order of grant, attachment, or perfection of any Liens granted to the ABL Collateral Agent or the ABL Secured Parties in respect of all or any portion of the Common Collateral or of any Liens granted to any New First Lien Collateral Agent or any New First Lien Secured Parties in respect of all or any portion of the Common Collateral, and regardless of how any such Lien was acquired (whether by grant, statute, operation of law, subrogation or otherwise), (ii) the order or time of filing or recordation of any document or instrument for perfecting the Liens in favor of the ABL Collateral Agent or any New First Lien Collateral Agent (or the ABL Secured Parties or any of the New First Lien Secured Parties) on any Common Collateral, (iii) any provision of the Uniform Commercial Code, the Bankruptcy Code or any other applicable law, or of any of the ABL Documents or any of the New First Lien Documents, or (iv) whether the ABL Collateral Agent or any New First Lien Collateral Agent, in each case, either directly or through agents, holds possession of, or has control over, all or any part of the Common Collateral, the ABL Collateral Agent, on behalf of itself and the ABL Secured Parties, and the New First Lien Collateral Agent, on behalf of itself and the New First Lien Secured Parties, hereby agree that: (1) any Lien in respect of all or any portion of the Common Collateral now or hereafter held by or on behalf of the New First Lien Collateral Agent or the New First Lien Secured Parties that secures all or any portion of the New First Lien Obligations shall in all respects be junior and subordinate to all Liens granted to the ABL Collateral Agent and the ABL Secured Parties on the Common Collateral; and (2) any Lien in respect of all or any portion of the Common Collateral now or hereafter held by or on behalf of the ABL Collateral Agent or any ABL Secured Party that secures all or any portion of the ABL Obligations shall in all respects be senior and prior to all Liens granted to the New First Lien Collateral Agent or the New First Lien Secured Parties on the Common Collateral. The New First Lien Collateral Agent, for and on behalf of itself and each New First Lien Secured Party, expressly agrees that any Lien purported to be granted on any Common Collateral as security for the ABL Obligations shall be deemed to be and shall be deemed to remain senior in all respects and prior to all Liens on the Common Collateral securing any New First Lien Obligations for all purposes regardless of whether the Lien purported to be granted is found to be improperly granted, improperly perfected, preferential, a fraudulent conveyance or legally or otherwise deficient in any manner. (b) The ABL Collateral Agent, for and on behalf of itself and the ABL Secured Parties, acknowledges and agrees that, concurrently herewith, the New First Lien Collateral Agent, for the benefit of itself and the New First Lien Secured Parties, has been granted Liens upon all of the Common Collateral in which the ABL Collateral Agent has been granted Liens and the ABL Collateral Agent hereby consents thereto. The subordination of Liens by the New First Lien Collateral Agent in favor of the ABL Collateral Agent as set forth herein shall not be deemed to subordinate the respective Liens of the New First Lien Collateral Agent or the New First Lien Secured Parties to Liens securing any other Obligations other than the ABL Obligations (subject to the First Lien Intercreditor Agreement and any Additional General Intercreditor Agreement).

  • Priority of Agreements This DPA shall govern the treatment of Student Data in order to comply with the privacy protections, including those found in FERPA and all applicable privacy statutes identified in this DPA. In the event there is conflict between the terms of the DPA and the Service Agreement, Terms of Service, Privacy Policies, or with any other bid/RFP, license agreement, or writing, the terms of this DPA shall apply and take precedence. In the event of a conflict between Exhibit H, the SDPC Standard Clauses, and/or the Supplemental State Terms, Exhibit H will control, followed by the Supplemental State Terms. Except as described in this paragraph herein, all other provisions of the Service Agreement shall remain in effect.

  • Priority of Lien Transfer Agent consents to the granting of the security interest in the Pledged Shares. Transfer Agent will not agree with any third party that Transfer Agent will comply with instructions concerning the Pledged Shares originated by such third party without the prior written consent of Secured Party and Debtor.

  • Priority of Agreement In the event of any conflict between provisions of this Agreement or any amendment hereto and any documents executed, acknowledged, sworn to, or filed by any Manager under this power of attorney, this Agreement and its amendments shall govern.

  • Title to Properties; Priority of Liens Each Borrower and Subsidiary has good and marketable title to (or valid leasehold interests in) all of its Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders, in each case free of Liens except Permitted Liens. Each Borrower and Subsidiary has paid and discharged all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.

  • Priority of Obligations The Company will ensure that its payment obligations under this Agreement and the Notes will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company.

  • Priority of Liens; Title to Properties The security interests and liens granted to Agent under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

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