Withdrawal, etc Sample Clauses

Withdrawal, etc of a Limited Partner. The withdrawal, termination (in the case of a Limited Partner that is a trust), dissolution and termination (in the case of a Limited Partner that is a partnership), dissolution (in the case of a Limited Partner that is a corporation or limited liability company), retirement, or adjudication as a bankrupt of a Limited Partner (the "Withdrawing Limited Partner") shall not dissolve the Partnership, but the rights of such Withdrawing Limited Partner to share in the profits and losses of the Partnership and to receive distributions of Partnership funds shall, upon the happening of such an event, pass to the Withdrawing Limited Partner's successors in interest subject to this Agreement, and the Partnership shall continue as a limited partnership.
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Withdrawal, etc of Security Deposit Pertaining to When-Issued Transactions 1. Regarding money or securities which have been received from a customer as security deposit pertaining to a when-issued transaction, a trading participant may allow the customer to withdraw money equivalent to the amount obtained by subtracting the amount referred to in Item (2) from the amount referred to in Item (1), or securities equivalent to the amount obtained by dividing such amount by the ratio referred to in each item of Rule 40, Paragraph 2 which is applied mutatis mutandis in the preceding rule. (1) The total amount of deposited margin pertaining to such customer's when-issued transaction (limited to security deposit pertaining to such when-issued transactions for which deposit was received. The same shall apply to Item (1), Sub-item a. of the next paragraph and Item (2), Sub-item a. of the same paragraph, Paragraph 3, Item (1), and Rule 37.); (2) The amount obtained by multiplying the contract value of all securities pertaining to the when-issued transaction in the preceding item (excluding those pertaining to corresponding transactions and transactions opposite to such corresponding transactions, as well as those for which settlement has completed. The same shall be applied to Item (1), Sub-item b. of the next paragraph, Item (2), Sub-item b. of the same paragraph, Paragraph 3, Sub-item b. and Rule 37.) by 30/100. 2. In addition to matters pursuant to the provisions of the preceding paragraph, regarding money or securities which have been received from a customer as security deposit pertaining to a when-issued transaction, a trading participant may allow the customer to withdraw such money or securities only in the cases referred to in each of the following items. (1) In cases of partial settlement of securities pertaining to when-issued transactions (limited to cases of withdrawing money equivalent to the amount obtained by subtracting the amount referred to in Sub-item b. from the amount referred to in Sub-item a., or securities equivalent to the amount obtained by dividing such amount by the ratio referred to in each item of Rule 40, Paragraph 2 which is applied mutatis mutandis in the preceding rule.); a. The total amount of deposited margin pertaining to the when-issued transactions of such customer. b. The amount obtained by multiplying the contract value of all securities pertaining to the when-issued transactions in the preceding Sub-item a. (excluding those pertaining to the...
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Withdrawal, etc. The Corporation may terminate or withdraw any Registration Statement referred to in this Article 5 without incurring any liability to the Holders (provided however that the Corporation is not entitled to terminate or withdraw a Registration Statement filed following a request pursuant to Article 3 or Article 4). Any Holder may elect to withdraw from such underwriting by written notice to the Corporation and the underwriter, delivered at least 5 business days prior to the effective date of the Registration Statement or Canadian Prospectus, without incurring any liability to the Corporation or the other Holders. Any Registrable Securities excluded or withdrawn from such underwriting will be excluded and withdrawn from the registration and/or qualification.
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Withdrawal, etc using stolen or lost ATM Card 1. In the event that the ATM Card is stolen or lost and a withdrawal is made by a third party’s unauthorized usage of such ATM Card, the Customer may claim compensation for an amount equivalent to the damage (including fees and interest) incurred relating to the withdrawal if all of the following applies: (i) The Customer promptly notifies the Bank that the ATM Card is stolen or lost upon the Customer’s realization thereof. (ii) The Customer provides sufficient explanation in the Bank’s investigation. (iii) The Customer provides the Bank with certain materials to substantiate the fact that the Customer has filed a report of theft or loss to the police or other materials by which the Bank could infer the fact that the ATM Card was stolen or lost. 2. In the event that the claim in the preceding Paragraph is made, and except in the case that the Customer acted intentionally with respect to such withdrawal, the Bank will compensate the amount equivalent to the damage (including fees and interest) (the “Compensation Amount”) incurred by the Customer relating to withdrawals made within thirty (30) days (or, if the Customer proves that there was an unavoidable circumstance preventing the Customer from notifying the Bank, within the number of days equal to thirty (30) days plus the number of days during which such unavoidable circumstance continued) prior to the date of the Customer’s notifying the Bank that the ATM Card has been stolen or lost; provided, however, that if the Bank proves, with respect to the relevant withdrawal, that the Bank was without knowledge and negligence and that the Customer was negligent, then the Bank shall compensate the amount equivalent to three quarters (3/4) of the Compensation Amount. 3. The preceding two (2) Paragraphs will not apply in the event that the Customer’s notice to the Bank as stipulated in Paragraph 1 is made after the date on which two (2) years have elapsed from the date of theft or loss (or, if the date of theft or loss is unclear, the date of the initial unauthorized withdrawal from the Yen Savings Account made with the stolen or lost ATM Card etc. related to such theft or loss). 4. Notwithstanding the provisions in Paragraph 2, the Bank shall not bear the compensation responsibilities if the Bank proves that either of the following applies: (i) The Bank was without knowledge and negligence in respect of the withdrawal and if any of the following applies: (1) That the Bank proves that...
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Withdrawal, etc. Notwithstanding the foregoing provisions, the Corporation may withdraw any Registration Statement or Canadian Prospectus referred to in this Article 3 without incurring any liability to the Holders of Registrable Securities. Any Holder of Registrable Securities may elect to withdraw from such underwriting by written notice to the Corporation and the underwriter, delivered at least 10 business days prior to the expected effective date of the Registration Statement or Canadian Prospectus, without thereby incurring any liability to the Corporation or the other Holders. Any Registrable Securities excluded or withdrawn from such underwriting shall be excluded and withdrawn from the registration and/or qualification.
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Related to Withdrawal, etc

  • Withdrawal Events In the event of the death, retirement, withdrawal, expulsion, or dissolution of a Member, or an event of bankruptcy or insolvency, as hereinafter defined, with respect to a Member, or the occurrence of any other event which terminates the continued membership of a Member in the Company pursuant to the Statutes (each of the foregoing being hereinafter referred to as a “Withdrawal Event”), the Company shall terminate sixty days after notice to the Members of such withdrawal Event unless the business of the Company is continued as hereinafter provided. Notwithstanding a Withdrawal Event with respect to a Member, the Company shall not terminate, irrespective of applicable law, if within aforesaid sixty day period the remaining Members, by the unanimous vote or consent of the Members (other than the Member who caused the Withdrawal Event), shall elect to continue the business of the Company. In the event of a Withdrawal Event with respect to an Member, any successor in interest to such Member (including without limitation any executor, administrator, heir, committee, guardian, or other representative or successor) shall not become entitled to any rights or interests of such Member in the Company, other than the allocations and distributions to which such Member is entitled, unless such successor in interest is admitted as a Member in accordance with this Agreement. An “event of bankruptcy or insolvency” with respect to a Member shall occur if such Member:

  • Withdrawal of Bid Any bidder who makes a bid but withdraws the same before the fall of the hammer, shall have his/her deposit equal to 10% of reserve price forfeited as agreed liquidated damages for payment to the Assignee/Bank. The Auctioneer reserves the right to put the property again for sale at the last undisputed bid, or otherwise to adjourn the auction to another date.

  • Withdrawal Rights Except as otherwise provided in this Section 4, tenders of Shares made pursuant to the Offer are irrevocable. Shares tendered pursuant to the Offer may be withdrawn pursuant to the procedures set forth below at any time prior to the Expiration Date and, unless theretofore accepted for payment by Purchaser pursuant to the Offer, may also be withdrawn at any time after July 11, 1999. If Purchaser extends the Offer, is delayed in its acceptance for payment of Shares or is unable to accept Shares for payment pursuant to the Offer for any reason, then, without prejudice to Purchaser's rights under the Offer, the Depositary may, nevertheless, on behalf of Purchaser, retain tendered Shares, and such Shares may not be withdrawn except to the extent that tendering stockholders are entitled to withdrawal rights as described in this Section 4. For a withdrawal to be effective, a written, telegraphic or facsimile transmission notice of withdrawal must be timely received by the Depositary at one of its addresses set forth on the back cover of this Offer to Purchase. Any such notice of withdrawal must specify the name of the person who tendered the Shares to be withdrawn, the number of Shares to be withdrawn and the name of the registered holder, if different from that of the person who tendered such Shares. If Share Certificates evidencing Shares to be withdrawn have been delivered or otherwise identified to the Depositary, then, prior to the physical release of such Share Certificates, the serial numbers shown on such Share Certificates must be submitted to the Depositary and the signature(s) on the notice of withdrawal must be guaranteed by an Eligible Institution, unless such Shares have been tendered for the account of an Eligible Institution. If Shares have been tendered pursuant to the procedure for book-entry transfer as set forth in Section 3, any notice of withdrawal must also specify the number of the account at the Book-Entry Transfer Facility to be credited with the withdrawn Shares and otherwise comply with the Book-Entry Transfer Facility's procedures. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by Purchaser, in its sole discretion, whose determination will be final and binding on all parties. None of Parent, Purchaser, the Dealer Manager, the Depositary, the Information Agent or any other person 8

  • Withdrawal Right Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then such Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

  • Withdrawal of Members A member may withdraw from this LLC by giving written notice to all other members at least days before the date the withdrawal is to be effective.

  • Withdrawal Before Bidding 7.1. Registered E-Bidders, who have completed the 10% deposit payment, are entitled to withdraw from the auction at least one (1) working day before the auction date by 5.00 pm. 7.2. The 10% deposit will be refunded back to the E-Bidders within three (3) working days via online banking.

  • Withdrawal of Bids Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of thirty-five days after the time and date of opening except as provided in O.C.G.A Section 13-10-22 (appreciable error in calculation of bid). Negligence or error on the part of any bidder in preparing his bid confers no right of withdrawal or modification of his bid after time has been called except as provided by Georgia law.

  • Withdrawal of Deposits If any Deposits remain outstanding on the Business Day next succeeding the Cut-off Date, the Trustee shall promptly give the Escrow Agent notice that the Trustee’s obligation to purchase Equipment Notes under the NPA has terminated and instruct the Escrow Agent to provide a notice of Final Withdrawal to the Depositary substantially in the form of Exhibit B to the Deposit Agreement (the “Final Withdrawal Notice”).

  • Withdrawal from Agreement A. Any Fund may elect to withdraw from this Agreement effective at the end of any monthly period by giving at least 90 days’ prior written notice to each of the parties to this Agreement. Upon the written demand of all other Funds which are parties to this Agreement a Fund shall withdraw, and in the event of its failure to do so shall be deemed to have withdrawn, from this Agreement; such demand shall specify the date of withdrawal which shall be at the end of any monthly period at least 90 days from the time of service of such demand. B. In the event of the withdrawal of any Fund from this Agreement, all its rights and obligations, except for lease commitments, under this Agreement (except such rights or obligations as have accrued prior to the date of withdrawal) shall terminate as of the date of the withdrawal. The withdrawing Fund shall surrender its Shares to Service Company, and (1) shall be entitled to receive from Service Company an amount equal to the excess of the fair value of (i) its Shares of other securities Service Company as of the date of its withdrawal less (ii) its proportionate interest in any liabilities of Service Company, including when appropriate any commitments of Service Company and unexpired leases at the date of withdrawal; (2) shall be obligated to pay Service Company an amount equal to the excess of (ii) over (i). Such amount to be received from or paid to Service Company shall be determined by the favorable vote of the holders of a majority of the Shares whose determination shall be conclusive upon the Funds. Any amount found payable by the Service Company to the withdrawing Fund shall be recoverable by Service Company from the Funds remaining under this Agreement in accordance with the provisions of Section 1.2, 1.3 and 1.4 hereof.

  • Withdrawal of a Member For purposes of this Agreement, a “Withdrawn Member” is a member who is bankrupt, has resigned, or has retired (a “Withdrawal Event”). Upon a Withdrawal Event, the Withdrawn Member or any successor in interest to the Withdrawn Member shall become an Assignee of the Withdrawn Member’s Membership Interest in the Company.

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