The Auction Sample Clauses
The Auction. Section 2.01. Purpose: Incorporation by Reference of Auction Procedures and Settlement Procedures....
The Auction. Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.
The Auction. Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures..................................................
The Auction. 2.1 Purposes; Incorporation by Reference of Auction Procedures and Settlement Procedures.................................. 3 2.2 Preparation of Each Auction................................ 3
The Auction. ...3 2.1. Purpose: Incorporation by Reference of Auction Procedures and Settlement Procedures...........................................3 2.2. Preparation for Each Auction.......................................3 2.3. Auction Schedule: Method of Submission of Orders...................4 2.4. Notices.........................................................
The Auction. 2.1. Purpose: Incorporation by Reference of Auction Procedures and Settlement Procedures.............. 2.2. Preparation for Each Auction...................................................................... 2.3. Auction Schedule: Method of Submission of Orders................................................. 2.4. Notices........................................................................................... 2.5. Service Charge to Be Paid to BD................................................................... 2.6. Settlement........................................................................................
The Auction. 3.1 Purpose; Incorporation by Reference of Auction Procedures and ------------------------------------------------------------- Settlement Procedures. ---------------------
(a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Rate for each series of AMPS, for the next Dividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
(b) All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were. fully set forth herein.
(c) BD is delivering herewith a Purchaser's Letter executed by BD and, in the case of Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, a list of persons to whom BD will initially sell the shares of each series of AMPS, the number of shares of each series of AMPS BD will sell to each such person and the number of shares of each series of AMPS BD will hold for its own account. BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other Persons meeting the requirements specified in the definition of "Broker-Dealer" contained in Paragraph I of the Articles Supplementary may execute a Broker-Dealer Agreement and a Purchaser's Letter and participate as Broker-Dealers in Auctions.
(d) BD and other Broker-Dealers may participate in Auctions for their own accounts, provided that BD or such other BrokerDealers, as the case may be, has executed a Purchaser's Letter. However, the Company may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.
The Auction. SECTION 2.01. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.
(a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for the next Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
(b) Without prejudice to Section 3.01(a) hereof, all of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth herein.
(c) BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] of the Supplemental Indenture may execute Broker-Dealer Agreements and participate as Broker-Dealers in Auctions.
(d) BD and other Broker-Dealers may participate in Auctions for their own accounts. [However, except during the Rate Lock Period with respect to the Series _____ Senior Notes, the Auction Agent may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d).
(e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.
The Auction. The property is being offered as an Online Only Auction. The property will be sold to the highest bidder, upon approval and acceptance of bid by seller. Seller(s) may accept or reject such bid(s) at their sole and absolute discretion. This is a “Reserve” and not “Absolute” auction.
The Auction. 4.1 Industrial Auctions reserves the right to cancel an auction earlier than reported on the website or to extend one. In case of a technical malfunction of the website, causing it not complete and/or inaccessible to all users, Industrial Auctions reserves the right to extend the auction.
4.2 The effectiveness of the internet and its website depends on many factors and many others. Industrial Auctions is not in control of many factors and can accept no liability for things they are not in control off. User and seller declare themselves familiar with and agree with the special circumstances of an internet auction and with the technical imperfections that can arise. Industrial Auctions must therefore limit its liability. For example, it may involve downtime, interruptions, delays in the connection, maintenance, updates, viruses, limited accessibility, et cetera et cetera. Industrial Auctions is not liable for any damage that might result therefrom.
4.3 Industrial Auctions hereby exclude to both the user and the seller any liability for any damage directly and/or indirectly, in any way arise, including but not limited to the damage arising from the use of the website, unless there is intent or willful recklessness of Industrial Auctions.
4.4 Industrial Auctions also accepts no liability for any damage whatsoever that arises in any way by and/or arising from: - Actions by the user that may have been prompted by information placed on the website; - The impossibility of using the website (completely) and/or another malfunction in the website or the supporting system; - The failure of the lots to the specifications as reported on the website; - The fact that the information on the website is incorrect, incomplete or out of date; - Errors in the software and/or the supporting system of the website; - The unlawful use of systems, including the website of Industrial Auctions by a third party; - Acts of the seller after the user has concluded a purchase agreement;
4.5 Industrial Auctions organizes online auctions on behalf of sellers. She does not sell own products. Industrial Auctions reserves the right to cancel an auction, earlier than reported on the website, or to extend one.