Settlement failures. There may be circumstances beyond our control which mean that we are unable to settle your transactions (a settlement failure). If this occurs, we will notify you as soon as reasonably practicable, discuss with you your options for settlement and use our reasonable endeavours to settle the trade for you. However:

Settlement failures. ‌ Failure to settle risks the reputation of the organisation and may bring the market into disrepute. Partial settlement is to be encouraged, however the counterparty retains the discretion to accept or reject a partial settlement. It is the obligation of the seller to immediately inform the buyer of any circumstance which threatens the settlement process (11:00am or as soon as known) so that the buyer, in the event the seller subsequently cannot deliver, can endeavour to cover the short position in the underlying security or make alternative arrangements that are agreeable to both counterparties. In the event of difficulties that arise towards end of day (after 3:00pm AEST) both counterparties must make all reasonable efforts to arrange alternatives. It is the obligation of the failing party to exercise due diligence to settle. If the failing party is offered bonds/securities to cover a fail then it is obliged to cover the fail by borrowing the offered bonds/securities. Dealers are expected at all times to be aware of the supply characteristics of any particular line of bonds/securities, and particularly be aware if a line is in short supply. If the repo rate on a particular line of bonds/securities falls, this is an indication of illiquidity and dealers should ensure that they have adequate bonds/securities available for future settlements. Dealers should not repo bonds/securities unless they believe that they can deliver those bonds/securities at settlement.

Settlement failures. Customer understands and agrees that in the -------------------- event it fails to fully satisfy its settlement obligations in a timely manner as required by Section 2.08(a), above, IPS and/or Bank shall be entitled (but not obligated), immediately and without prior written notice to Customer or its Clients, to: (i) return all Checks for which Customer has failed to settle and all subsequently presented Checks; (ii) instruct any relevant clearing organization not to present and/or to return all subsequently presented Checks; (iii) pursue all other remedies set forth in this Agreement or any schedule or exhibit hereto; and (iv) pursue all other legal and equitable remedies, including, without limitation, reimbursement for the amount of any such Checks for which IPS is held responsible from Customer or Customer's Client(s), and to recover the actual and reasonable costs and expenses of exercising the preceding rights in clauses (i) through (iv). In any such event in which a partial settlement is received, IPS shall, in addition to the other remedies set forth or referred to herein, be permitted to allocate the partial settlement to such Checks as it deems appropriate in its sole and absolute discretion. TIME IS OF THE ESSENCE IN CUSTOMER'S FULFILLMENT OF ITS SETTLEMENT OBLIGATIONS HEREUNDER.

Settlement failures. If you are unable to settle a Digital Asset Transaction when required to do so, or if we are unable or it would be a contravention of Applicable Law, including AML/CTF Requirements for us to settle a Digital Asset Transaction when required to do so when acting on your Instruction, and if your and/or our best efforts to settle do not resolve the settlement failure, then we may in our sole discretion treat such settlement failure as an Event of Default in accordance with clause 20.2.

Settlement failures. 6.1 If we have made the onward payment as part of the services under this Appendix (for example, paid the purchased currency into your Novatum Electronic Money Account or remitted a payment to your intended recipient) and, for any reason:

Settlement failures. ‌ Failure to settle risks the reputation of the organisation and may bring the market into disrepute. Partial settlement is to be encouraged; however, the counterparty retains the discretion to accept or reject a partial settlement. It is the obligation of the seller to inform the buyer of any possibility of settlement default at an appropriate time (11:00am NZT) so that the buyer can endeavour to cover the short position in the underlying security or make alternative arrangements that are agreeable to both counterparties. In the event of difficulties that arise towards end of day (after 3:00pm NZT) both counterparties must make all reasonable efforts to arrange alternatives. It is the obligation of the failing party to exercise due diligence to settle. If the failing party is offered bonds/securities to cover a fail, then it is obliged to cover the fail by borrowing the offered bonds/securities. Dealers should be aware if a particular line of bonds/securities is in short supply. If the repo rate on a particular line of bonds/securities falls, this is an indication of illiquidity and dealers should ensure that they have adequate bonds/securities available for future settlements. Dealers should not repo bonds/securities unless they believe that they can deliver those bonds/securities at settlement.

Related to Settlement failures

Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;
Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.
Settlement Averaging Period For any Option and regardless of the Settlement Method applicable to such Option:
Epidemic Failure The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.
Settlement Price For any Valuation Date, the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page NVRO <equity> AQR (or any successor thereto) in respect of the period from the scheduled opening time of the Exchange to the Scheduled Closing Time on such Valuation Date (or if such volume-weighted average price is unavailable, the market value of one Share on such Valuation Date, as determined by the Calculation Agent). Notwithstanding the foregoing, if (i) any Expiration Date is a Disrupted Day and (ii) the Calculation Agent determines that such Expiration Date shall be an Expiration Date for fewer than the Daily Number of Warrants, as described above, then the Settlement Price for the relevant Valuation Date shall be the volume-weighted average price per Share on such Valuation Date on the Exchange, as determined by the Calculation Agent based on such sources as it deems appropriate using a volume-weighted methodology, for the portion of such Valuation Date for which the Calculation Agent determines there is no Market Disruption Event.
Business Failure Any act by, against or relating to any Loan Party, or its property or assets, which act constitutes the determination by any Loan Party to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all or any part of any Loan Party’s property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; any other voluntary or involuntary liquidation or extension of debt agreement for any Loan Party; the offering by, or entering into by, any Loan Party of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan Party; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party of the liquidation or winding up of all or any part of any Loan Party’s business or operations.
Company’s Failure to Timely Convert If within two (2) Trading Days after the Company's receipt of the facsimile or email copy of a Conversion Notice the Company shall fail to issue and deliver to Holder via “DWAC/FAST” electronic transfer the number of shares of Common Stock to which the Holder is entitled upon such holder's conversion of any Conversion Amount (a "Conversion Failure"), the Original Principal Amount of the Note shall increase by $2,000 per day until the Company issues and delivers a certificate to the Holder or credit the Holder's balance account with DTC for the number of shares of Common Stock to which the Holder is entitled upon such holder's conversion of any Conversion Amount (under Holder’s and Company’s expectation that any damages will tack back to the Issuance Date). Company will not be subject to any penalties once its transfer agent processes the shares to the DWAC system. If the Company fails to deliver shares in accordance with the timeframe stated in this Section, resulting in a Conversion Failure, the Holder, at any time prior to selling all of those shares, may rescind any portion, in whole or in part, of that particular conversion attributable to the unsold shares and have the rescinded conversion amount returned to the Outstanding Balance with the rescinded conversion shares returned to the Company (under Xxxxxx’s and Company’s expectations that any returned conversion amounts will tack back to the original date of the Note).
Business Day Adjustment If the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.
Settlement Amount If the Non-Defaulting Party has declared an Early Termination Date pursuant to Section 7.2(b), the Non-Defaulting Party shall have the right to (i) accelerate all amounts owing between the Defaulting Party and the Non-Defaulting Party and to liquidate and terminate the undertakings set forth in this Agreement as between the Defaulting Party and the Non-Defaulting Party; and (ii) withhold any payments due to the Defaulting Party under this Agreement pending payment of the Termination Payment. The Non-Defaulting Party will calculate, in a commercially reasonable manner, the Settlement Amount with respect to the Defaulting Party’s obligations under the Agreement and shall net the Settlement Amount in the manner provided for in Section 7.3(c).
Payment in the Event Losses Fail to Reach Expected Level On the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the Final Shared Loss Month, or upon the final disposition of all Shared Loss Assets under this Single Family Shared-Loss Agreement at any time after the termination of the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of the excess, if any, of (i) twenty percent (20%) of the Intrinsic Loss Estimate less (ii) the sum of (A) twenty-five percent (25%) of the asset premium (discount) plus (B) twenty-five percent (25%) of the Cumulative Shared-Loss Payments plus (C) the Cumulative Servicing Amount. The Assuming Institution shall deliver to the Receiver not later than 30 days following the True-Up Measurement Date, a schedule, signed by an officer of the Assuming Institution, setting forth in reasonable detail the calculation of the Cumulative Shared-Loss Payments and the Cumulative Servicing Amount.

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