Settlement Obligation. In the event that Parent terminates this Agreement pursuant to Section 12.01(b) or the Company terminates this Agreement pursuant to Section 12.01(d), then Parent agrees to enter into a formal written settlement agreement, pursuant to the terms attached hereto in Exhibit D, providing for a complete release of claims among all parties with respect to the Micro-Probe Case, and for filing a dismissal with prejudice of such matter. Notwithstanding anything in Exhibit D to the contrary, such settlement shall not require that any payment be made by the Company, any of its Subsidiaries or Xx. Xxxxxx to Parent (as long as this Agreement has not been terminated pursuant to this Article 12), nor shall it require that any amount be deducted from the consideration payable by Parent to the Company’s equityholders pursuant to the transactions contemplated by this Agreement.
Settlement Obligation. All Instructions will be given by the Client and executed by Muscat Capital with the understanding that an actual purchase or sale is intended and that it is the Client’s intention and obligation in every case to deliver property or documents of title to cover any and all sales and in the case of purchases to receive and pay for property or documents of title, and that the Client will do so upon Muscat Capital demand. If Muscat Capital makes a short sale of any Investment at the Client’s direction or if the Client fails to deliver to Muscat Capital any Investment or documents of title representing any Investment which Muscat Capital sold pursuant to the Client’s Instruction, Muscat Capital is authorized to borrow or acquire any property or documents of title and the Client agrees to be responsible for the cost or loss that Muscat Capital may incur in so doing. No settlement of the Portfolio Account with the Client may occur without Muscat Capital first receiving all Investments or documents of title for which the Portfolio Account is short and all Investments or documents of title in which the Portfolio Account is long being paid for in full, and the Investments or documents of title then delivered. The Client appoints Muscat Capital to be the authorized agent to complete all such transactions and authorizes Muscat Capital to make advances and expend such monies as may be required. Margin Trading. Subject to the requirements of applicable law, Muscat Capital may, in its discretion, offer margin trading facilities to the Client, in which case a separate written agreement will be executed between Muscat Capital and the client. Prior to offering margin trading facilities to the Client Muscat Capital will carry out an assessment of the Client's financial standing and the Client agrees to provide Muscat Capital with the information required by Muscat Capital to carry out this assessment. Details of the maximum amount of any credit to be extended to the Client together with details of any charges will be notified to the Client in the separate margin trading agreement. Muscat Capital shall have the right to determine, at its discretion, the margin requirements for the Portfolio and/or individual Investments therein. Muscat Capital shall also have the right in accordance with its general policies regarding margin maintenance, to require additional collateral or the liquida- tion of part or all of the Portfolio Account. Muscat Capital will, on a best efforts basis,...
Settlement Obligation. You agree that it is your absolute, unconditional, and unassignable obligation, in connection with each transaction effected on the Cboe Digital Trading Platform for your own account, to ensure the timely delivery to Cboe Clear Digital of the Tradable Product and/or funds as well as any required fees or expenses to satisfy in full the settlement of any transaction entered into by you as a DATP.
Settlement Obligation. All Instructions will be given by the Client and executed by the Company with the understanding that an actual purchase or sale is intended and that it is the Client’s intention and obligation in every case to deliver property or documents of title to cover any and all sales and in the case of purchases to receive and pay for property or documents of title, and that the Client will do so upon the Company’s demand. If the Company makes a short sale of any Investment at the Client’s direction or if the Client fails to deliver to the Company any Investment or documents of title representing any Investment which the Company sold pursuant to the Client’s Instruction, the Company is authorized to borrow or acquire any property or documents of title and the Client agrees to be responsible for the cost or loss that the Company may incur in so doing. No settlement of the Portfolio Account with the Client may occur without the Company first receiving all Investments or documents of title for which the Account is short and all Investments or documents of title in which the Portfolio Account is long being paid for in full, and the Investments or documents of title then delivered. The Client .ﻦﻳﺮﺧﺁ صﺎﺨﺷأ ﻰﻟإ وأ ﺎﻬﻴﻟإ دﻮﻌﺗ تﺬـﻔﻧو ﺔـﻠﻣﺎآ ﻞـﻴﻤﻌﻟا تﺎـﻤﻴﻠﻌﺗ ﺬـﻴﻔﻨﺗ ﻦﻣ ﺔآﺮﺸﻟا ﻦﻜﻤﺘﺗ ﻢﻟ اذإ :ﻲﺋﺰﺠﻟا ﺬﻴﻔﻨﺘﻟا ﻚـﻠﺗ ﻦـﻜﺗ ﻢـﻟ ﺎـﻣ ،تﺎـﻤﻴﻠﻌﺘﻟا ﻚـﻠﺗ ﻦـﻣ ﺬـﻔﻨﻤﻟا ءﺰﺠﻟﺎـﺑ مﺰـﺘﻠﻳ ﻞﻴﻤﻌﻟا نﺈﻓ ،ﺎﻬﻨﻣ ًاءﺰﺟ ﻢﺘﻳو ىﺮﺧأ ﺮﻣاوأ ﻊﻣ ﻞﻴﻤﻌﻟا ﺮﻣأ ﻊﻴﻤﺠﺗ ﻢﺘﻳ ﺎﻤﺜﻴﺣو .ﻚﻟذ فﻼﺧ ﻰﻠﻋ ﺺﻨﺗ تﺎﻤﻴﻠﻌﺘﻟا ،ﻲﺒـﺳﺎﻨﺗ سﺎﺳأ ﻰﻠﻋ ﻞﻴﻤﻌﻟا تﺎﻤﻴﻠﻌﺗ ﺬﻴﻔﻨﺗ نﻮﻜﻳ فﻮﺴﻓ ،ًﺎﻴﺋﺰﺟ ﻞﻴﻤﻌﻟا ﺮﻣأ ﺬﻴﻔﻨﺗ .ةﺬﻔﻨﻤﻟا ﺔﻌﻤﺠﻤﻟا ﺮﻣاوﻷا عﻮﻤﺠﻣ ﻦﻣ ﻩﺮﻣأ ﺔﺒﺴﻧ ﺐﺴﺣ يأ تﺎـﻤﻴﻠﻌﺗ ﻲـﻄﻌﻳ نأ ﻞـﻴﻤﻌﻠﻟ ﻦـﻜﻤﻳ :"ةرﺎـﺴﺨﻟا ﻒـﻗو" ﺮـﻣأ ﺬـﻴﻔﻨﺗ مﺪﻋ لﺎﻤﺘﺣا ﻞـﺜﻣ ﺔﻃوﺮـﺸﻣ ﺮﻣاوأ ءﺎﻄﻋإ نﺄﺑ ﻞﻴﻤﻌﻟا ﺮﻘﻳو .ﺔﻴﻟﺎﻤﻟا تاودﻷا ﻊﻴﺑ وأ ءاﺮﺷ ﺮﻌﺳ دﺪﺤﺗ ﻚـﻠﺗ ﺬـﻴﻔﻨﺗ رﺬـﻌﺗ لﺎﺣ ﻲﻓ ﻞﻴﻤﻌﻟا ﺮﺋﺎﺴﺧ ﻦﻣ ةروﺮﻀﻟﺎﺑ ﺪﺤﻳ ﻦﻟ ،"ةرﺎﺴﺨﻟا ﻒﻗو" ﺮﻣأ .قﻮﺴﻟا عﺎﺿوأ ﺐﺒﺴﺑ ﺮﻣاوﻷا ﺔآﺮـﺸﻟا نﺈـﻓ ،ﻚـﻟذ فﻼﺧ ﻰﻠﻋ ﺔﺣاﺮﺻ ﺔآﺮﺸﻟا ﻖﻓاﻮﺗ ﻢﻟ ﺎﻣ :ﻲﻓﺎﻜﻟا ﺪﻘﻨﻟا ﺪﻴﺻر مﻮـﻴﻟا ﻲـﻓ ﺔـﻈﻔﺤﻤﻟا بﺎـﺴﺣ ﻲﻓ فﺎآ يﺪﻘﻧ ﺪﻴﺻر ﺮﻓﻮﺗ اذإ ﻻإ تﺎﻤﻴﻠﻌﺗ ﺔﻳأ ﺬﻔﻨﺗ ﻦﻟ ﺔـﻟﺎﺣ ﻲـﻓ رﻮﻔﻟا ﻰﻠﻋ ﻞﻴﻤﻌﻟا رﺎﻌﺷﺈﺑ ﺔآﺮﺸﻟا مﻮﻘﺗ نأ ﻰﻠﻋ ،ﺔﻴﻠﻤﻌﻟا ﺬﻴﻔﻨﺘﻟ دﺪﺤﻤﻟا .ﺐﺒﺴﻟا اﺬﻬﻟ ﺔﻘﻔﺻ ﺔﻳأ ﺬﻴﻔﻨﺗ رﺬﻌﺗ ﺔـﺑﺎﻴﻧ ذﻮﺤﺘـﺴﺗ ﻦﻟ ﺔآﺮﺸﻟا نﺈﻓ ،ﻚﻟذ فﻼﺨﺑ قﺎﻔﺗا ﺪﺟﻮﻳ ﻢﻟ ﺎﻣ :ﺔﻧﺎﻤﺿ ﺐﻠﻃ ﻖﺣ ﺎـﻬﻨﻋ ﻢﺠﻨﻴـﺳ وأ ﺎﻬﻨﻋ ﻢﺟﺎﻧ وأ ًﺎﻴﺋﺰﺟ ﺔﻤﻴﻘﻟا ﺔﻋﻮﻓﺪﻣ ﺔﻴﻟﺎﻣ ةادأ يأ ﻰﻠﻋ ﻞﻴﻤﻌﻟا ﻦﻋ ﺐـﺴﺤﺑ ﺔآﺮـﺸﻟا ﻩﺮـﺒﺘﻌﺗ ًﺎﻳﺪﻘﻧ ﺎًﻐﻠﺒﻣ ﺔآﺮﺸﻟا ﺢﻟﺎﺼﻟ ﻞﻴﻤﻌﻟا عدوأ اذإ ﻻإ ،ﻲﻟﺎﻣ ماﺰﺘﻟا .ﻲﻟﺎﻤﻟا ماﺰﺘﻟﻻا ﻚﻟﺬﺑ ءﺎﻓﻮﻟاو ﺔً ﻠﻣﺎآ ﺔﻴﻟﺎﻤﻟا ةادﻷا ﺔﻤﻴﻗ ﻊﻓﺪﻟ ًﺎﻴﻓﺎآ ﻖﻠﻄﻤﻟا ﺎهﺮﻳﺪﻘﺗ ﺎهﺮﻳﺪـﻘﺗ ﻲـﻓ تأر اذإ تﺎـﻤﻴﻠﻌﺗ ﺔـﻳأ ﺾﻓﺮﺗ نأ ﺔآﺮﺸﻠﻟ ﻖﺤﻳ :تﺎﻤﻴﻠﻌﺘﻟا ﺾﻓر ﻖﺣ ءﺎﻨﺑ لواﺪﺘﻳ وأ قﻮﺴﻟﺎﺑ ...
Settlement Obligation. All Instructions will be given by the Client and executed by NOMW with the understanding that an actual purchase or sale is intended and that it is the Client’s intention and obligation in every case to deliver property or documents of title to cover any and all sales and in the case of purchases to receive and pay for property or documents of title, and that the Client will do so upon NOMW’s demand. if the Client fails to deliver to NOMW any Investment or documents of title representing any Investment which NOMW sold pursuant to the Client’s Instruction, NOMW is authorized to borrow or acquire any property or documents of title and the Client agrees to be responsible for the cost or loss that NOMW may incur in so doing. No settlement of the Portfolio Account with the Client may occur without NOMW first receiving all Investments or documents of title for which the Portfolio Account is short and all Investments or documents of title in which the Portfolio Account is long being paid for in full, and the Investments or documents of title then delivered. The Client appoints NOMW to be the authorized agent to complete all such transactions and authorizes NOMW to make advances and expend such monies as may be required.
Settlement Obligation. On the First Amendment Effective Date, in consideration of Contractor’s release of claims set forth in Section 3.08(b)(ii), United agrees to accrue a payment obligation to Contractor (the “Settlement Obligation”) in an amount equal to the sum of (i) $[***] and (ii) all interest accrued thereon from the First Amendment Effective Date at a rate of [***]% per annum, compounded annually. The Settlement Obligation shall (i) be unsecured, (ii) be evidenced by negotiable instruments in the form attached hereto as Exhibit B provided by United at Contractor’s request, (iii) be absolute and unconditional and not be subject to any offset and (iv) be paid in full on February 28, 2023 (or before such date if United so elects in its sole discretion).
Settlement Obligation. In full consideration of the resolution and release of any and all claims the Parties may now or in the future have against the other Party with respect to the Disputes (the “Claims”), the Parties agree to the following (the “Settlement Terms”):
Settlement Obligation. 1 Settlement will take place in accordance with the following principles:
Settlement Obligation. 8 Where a member borrows funds from the Settlement Authority to effect settlement on behalf of a controlled client who has not made payment of the required funds to the member timeously, the controlled client is responsible for any costs incurred by the member or penalties imposed on the member by the Settlement Authority in this regard.
Settlement Obligation. Fulfillment of Settlement Obligations shall be carried out on the next trading day after the last date for concluding the Contract (hereinafter “the Contract Settlement Date”). The variation margin obligation on the Contract Settlement Date shall be the Settlement Obligation.
