Effectiveness Default definition

Effectiveness Default shall have the meaning specified in Section 2(h).
Sample 1Sample 2Sample 3
Effectiveness Default has the meaning set forth in Section 11 hereof.
Sample 1Sample 2
Effectiveness Default has the meaning specified therefor in Section 2.01(b) of this Agreement.
Sample 1

Examples of Effectiveness Default in a sentence

  • Any such payment(s) shall be made in immediately available funds no later than five (5) days after the first day of each 30 day period of each such Effectiveness Default.

  • The existence of this right will not preclude any such Person from pursuing any other rights and remedies at law or in equity which such Person may have; provided that a Holder’s right to recover monetary damages for any Effectiveness Delay or Effectiveness Default shall be limited to recovery of the Liquidated Damages provided for herein.

  • In determining whether an Effectiveness Default has occurred, the period of any suspension permitted under this Section 2.01(d) shall be excluded.

  • Notwithstanding the foregoing, it is expressly agreed that the payment of Liquidated Damages shall constitute the sole and exclusive remedy in damages for a Registration Effectiveness Default.

  • The payment of Liquidated Damages shall constitute the sole and exclusive remedy in damages for a Registration Effectiveness Default.

  • Except with respect to the payment of Liquidated Damages in the event of the occurrence of an Effectiveness Default, the Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees in any action for specific performance to waive the defense that a remedy at law would be adequate.

  • Any such payment(s) shall be made in immediately available funds no later than five (5) days after the first day of each 30 day period (or any part thereof), as the case may be, of each such Effectiveness Default.

  • Following the cure of an Effectiveness Default, liquidated damages will cease to accrue with respect to such Effectiveness Default.

  • Any such payment(s) shall be made in immediately available funds no later than five (5) days after the first day of each 30 or 45 day period (or any part thereof), as the case may be, of each such Effectiveness Default.

  • The Company shall file such Registration Statement no later than ninety (90) days after the Closing Date (the “Filing Default”), and shall use reasonable best efforts to cause such Registration Statement to become effective within one hundred and fifty (150) days after the Closing Date (the “Effectiveness Default”, and each of an Effectiveness Default and a Filing Default, a “Registration Default”).


More Definitions of Effectiveness Default

Effectiveness Default is defined in Section 2(d).
Sample 1
Effectiveness Default. As defined in Section 3(a) hereof.
Sample 1
Effectiveness Default has the meaning set forth in Section 3(a).
Sample 1

Related to Effectiveness Default

  • Shelf Effectiveness Deadline As defined in Section 4(a) hereof.

  • Effectiveness Deadline Date has the meaning set forth in Section 2(a) hereof.

  • Effectiveness Deadline As defined in Section 3(a) and 4(a) hereof.

  • Effectiveness Target Date As defined in Section 5.

  • Initial Effectiveness Deadline means the date which is (i) in the event that the Initial Registration Statement is not subject to a full review by the SEC, sixty (60) calendar days after the Closing Date or (ii) in the event that the Initial Registration Statement is subject to a full review by the SEC, ninety (90) calendar days after the Closing Date.

  • Additional Effectiveness Deadline means the date which is the earlier of (x) (i) in the event that the Additional Registration Statement is not subject to a full review by the SEC, thirty (30) calendar days after the earlier of the Additional Filing Date and the Additional Filing Deadline or (ii) in the event that the Additional Registration Statement is subject to a full review by the SEC, fifty (50) calendar days after the earlier of the Additional Filing Date and the Additional Filing Deadline and (y) the fifth (5th) Business Day after the date the Company is notified (orally or in writing, whichever is earlier) by the SEC that such Additional Registration Statement will not be reviewed or will not be subject to further review; provided, however, that if the Additional Effectiveness Deadline falls on a Saturday, Sunday or other day that the SEC is closed for business, the Additional Effectiveness Deadline shall be extended to the next Business Day on which the SEC is open for business.

  • Effectiveness Date means, with respect to the Initial Registration Statement required to be filed hereunder, the 60th calendar day following the date hereof (or, in the event of a “full review” by the Commission, the 90th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 60th calendar day following the date on which an additional Registration Statement is required to be filed hereunder (or, in the event of a “full review” by the Commission, the 90th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day.

  • Required Effectiveness Date As defined in Section 2.1.

  • Amendment Effectiveness Deadline Date has the meaning set forth in Section 2(d) hereof.

  • Shelf Effectiveness Period shall have the meaning set forth in Section 2(b) hereof.

  • Default Date the meaning set forth in Section 3.2(a).

  • Effectiveness Period shall have the meaning set forth in Section 2(a).

  • Filing Deadline Date has the meaning set forth in Section 2(a) hereof.

  • Filing Deadline As defined in Sections 3(a) and 4(a) hereof.

  • Shelf Filing Deadline As defined in Section 4(a) hereof.

  • Registration Default Damages shall have the meaning set forth in Section 8 hereof.

  • Shelf Filing Event shall have the meaning set forth in Section 2(c) hereof.

  • Registration Default As defined in Section 5 hereof.

  • Filing Date means, with respect to the Initial Registration Statement required hereunder, the 30th calendar day following the date hereof and, with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the earliest practical date on which the Company is permitted by SEC Guidance to file such additional Registration Statement related to the Registrable Securities.

  • Additional Default means any provision contained in any document or instrument creating or evidencing Indebtedness of the Borrower or any of its Subsidiaries which permits the holder or holders of such Indebtedness to accelerate (with the passage of time or giving of notice or both) the maturity thereof or otherwise requires the Borrower or any of its Subsidiaries to purchase such Indebtedness prior to the stated maturity thereof and which either (i) is similar to any Default or Event of Default contained in Article VIII of this Agreement, or related definitions in Section 1.1 of this Agreement, but contains one or more percentages, amounts or formulas that is more restrictive or has a xxxxxxx xxxxx period than those set forth herein or is more beneficial to the holder or holders of such other Indebtedness (and such provision shall be deemed an Additional Default only to the extent that it is more restrictive or more beneficial) or (ii) is different from the subject matter of any Default or Event of Default contained in Article VIII of this Agreement, or related definitions in Section 1.1 of this Agreement.

  • Registration Default Period shall have the meaning assigned thereto in Section 2(c).

  • Shelf Period has the meaning set forth in Section 2.02(b).

  • Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.

  • O & M Default means any default on the part of the Power Producer for a continuous period of ninety (90) days to (i) operate and/or (ii) maintain (in accordance with Prudent Utility Practices), the Project at all times.

  • Shelf Registration Event Date shall have the meaning set forth in Section 2(b) hereof.

  • Preliminary Default Notice shall have the meaning ascribed thereto in Article 13 of this Agreement;