Settlement Dates. The closing, if any, of the purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX"), 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five settlement dates (if any).
(1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 2,500,000 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).
(2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 5,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).
(3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 7,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date and the Second Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).
(4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 10,000,000 Shares less the number of any Shares purchased by the Purc...
Settlement Dates. As determined pursuant to Section 9.4 of the Equity Definitions, subject to Section 9(k)(i) hereof.
Settlement Dates a) Construction is not an exact science. Settlement dates are considered tentative until set by Contractor, and Contractor shall not be responsible for any losses, damages or claims of any kind or nature whatsoever due to or relating in any manner to the failure to meet a settlement date. Time shall not be considered of the essence for this purpose. This provision shall supersede any inconsistent provision of any other contract or agreement.
b) The Completion Date may be extended by Contractor for reason of force majeure, circumstances beyond Contractor’s control, or any act or failure to act by Xxxxx(s) or Buyer(s) employees, subcontractors, agents or representatives. In the event Contractor deems it necessary, in Contractor’s sole judgment, to so extend the Completion Date, Contractor shall provide Buyer(s) with written notice of same, including the reason for the delay, and the date Contractor anticipates that the construction shall be completed. The period of any such extension shall be at minimal equal to the period of the delay or delays in completing the construction and the Completion Date shall be deemed extended for that period. In the event that Contractor needs more time, Contractor will inform Xxxxx(s) of delay and set a new date with a written notice to the Buyer(s).
Settlement Dates. On the Business Day following each Deposit Date occurring prior to the Liquidity Termination Date (unless an Interim Liquidation is in effect), the Collection Agent shall set aside from Collections the amounts necessary to make all distributions to the Agent, the Purchasers and the Collection Agent required by this Section 2.3(a) with respect to the next succeeding Settlement Date. The balance of such Collections shall be released to the Seller on a daily basis. On each Settlement Date prior to the Liquidity Termination Date (unless an Interim Liquidation is in effect), all Collections so set aside during the preceding Discount Period shall be applied where applicable by the Collection Agent (or, if the Agent is then in control of any Collections, by the Agent) in the following order:
(i) to the Collection Agent, an amount equal to the Collection Agent Fee due and payable on such date;
(ii) all fees and other amounts due and payable to the Agent;
(iii) ratably to the Purchasers, all Funding Charges and Discount due and payable on such date;
(iv) ratably to the Purchasers, all other amounts due and payable to the Purchasers under the Transaction Documents; and
(v) to the Seller. On the last day of each Tranche Period for a Eurodollar Tranche or Prime Tranche, the Collection Agent (or, if the Agent is then in control of any Collections, the Agent) shall pay Discount due and payable to such Liquidity Providers from accounts set aside for such purpose pursuant to Section 3.2(a). If any part of the Sold Interest in any Collections is applied to pay any amounts that are recourse obligations of the Seller pursuant to Section 1.4(c) and after giving effect to such application the Sold Interest is greater than 100%, the Seller shall pay, as a recourse obligation for distribution as part of the Sold Interest in Collections, to the Collection Agent the amount so applied to the extent necessary so that after giving effect to such payment the Sold Interest is no greater than 100%.
Settlement Dates. On each Settlement Date, the Administrative Agent shall pay to all Lenders, in accordance with Section 2.12, their share of all principal repayments received by the Administrative Agent from the Borrowers since the prior Settlement Date (or with respect to the first Settlement Date following the Restatement Date, since the Restatement Date). On each Settlement Date, each Revolving Lender shall pay to the Administrative Agent, for the benefit of the Swingline Lender, its Pro Rata Share of the Revolving Loan to be made on such Settlement Date to refinance Swing Loans in accordance with Section 2.3. The Administrative Agent shall be entitled to offset such fundings and fund or receive payment on a net basis.
Settlement Dates. Once each week for the Revolving Loan or more frequently (including daily), if Agent so elects (each such day being a "Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of each such Lender's Pro Rata Share of the Revolving Loan. In the event payments are necessary to adjust the amount of such Lender's required Pro Rata Share of the Revolving Loan balance to such Lender's actual Pro Rata Share of the Revolving Loan balance as of any Settlement Date, the party from which such payment is due will pay the other, in same day funds, by wire transfer to the other's account not later than 3:00 p.m. Chicago time on the Business Day following the Settlement Date.
Settlement Dates. Administrative Agents may, at any time, in their sole discretion, cause the Settlement Date to occur more frequently, including, without limitation, each Business Day of each week. Administrative Agents shall notify each Lender that a given Business Day shall be a Settlement Date by no later than 1:00 p.m. (Local Time) on the Business Day immediately preceding any such date; provided, however, if the Settlement Date occurs more frequently than once a week, then once Administrative Agents give such notice, no further notices shall be required.
Settlement Dates. The RSUs awarded hereunder shall settle according to the following schedule (each anniversary, a “Settlement Date”), with the percentages below being applied to the Award by rounding down to the nearest whole share: First Anniversary 33 1/3% Second Anniversary 33 1/3% Third Anniversary 33 1/3%
Settlement Dates. Once each week for the Revolving Loan or if an Event of Default shall have occurred and be continuing more frequently (including daily), if Collateral Agent so elects (each such day being a "Settlement Date"), Collateral Agent will advise each Lender by telephone, fax or telecopy of the amount of each such Lender's Pro Rata Share of the Revolving Loan. In the event payments are necessary to adjust the amount of such Lender's required Pro Rata Share of the Revolving Loan balance to such Lender's actual Pro Rata Share of the Revolving Loan balance as of any Settlement Date, the party from which such payment is due will pay the other, in same day funds, by wire transfer to the other's account not later than 3:00 p.m. New York time on the Business Day following the Settlement Date.
Settlement Dates. The Company shall cause to be issued to you (or your beneficiary or personal representative) one Share in payment and settlement of each vested Unit. All Shares so issued will be fully paid and nonassessable. The issuance of Shares in settlement of vested Units under this Agreement will be made in whole Shares with any fractional shares paid in cash during whichever of the following periods ends first:
(i) the month of February following the calendar year of your separation from service, as defined under Code Section 409A, unless you have elected to defer settlement in accordance with Section 3(b) below;
(ii) within 90 days of the date of your death or Disability; and
(iii) within 30 days of the date of a Change in Control within the meaning of Section 2(g)(3) of the Plan, including the last sentence thereof.
