Event of Cancellation means (i) a Material Adverse Change of Omnicell since the date of this Agreement or of a Customer since the date of the related Application, or (ii) the occurrence of an event which causes a representation made by Omnicell or a Customer in connection with a Transaction or related Contract to be false in any material respect when made, or (iii) notification by such Customer to Omnicell or to Buyer of its intent to cancel all or any part of such related Contract or to refuse to accept any part of the related System.
Event of Cancellation means any Event of Cancellation as defined in Section 9.3(A) hereof.
Event of Cancellation means any one of the following events:
(i) any declaration of an Event of Cancellation made in accordance with the terms and conditions of this Precedent Agreement becoming effective; or
(ii) in accordance with Paragraph 10 hereof, Shipper withdrawing its request for the Requested Service at any time prior to the execution of the Firm Transportation Service Contract.
Examples of Event of Cancellation in a sentence
Subject to the provisions of Section 9.4 hereof, the remedies set forth in this Section 9.3 are the sole and exclusive remedies of the Issuer in the event of an occurrence of an Event of Cancellation as set forth herein.
In such circumstances the Charges In Event of Cancellation shall apply.
In no circumstances shall Client be obliged to pay more in Charges In Event of Cancellation and forfeited deposit than it would have paid for the original Batch if the same had not been cancelled or reduced.
If Client cancels any reserved Manufacturing Slot in accordance with clause 5.5, then OXB may request in writing and Client shall pay to OXB, in addition to the non-refundable Manufacturing Slot Deposit, the Charges In Event of Cancellation in accordance with Schedule 1.
See Appendix 6 – Program Requirements, Section III – Financial Provisions in the Event of Cancellation of the Policy.
More Definitions of Event of Cancellation
Event of Cancellation means the Event of Cancellation described in Section 6.2(d) hereof.
Event of Cancellation means (i) a Material Adverse Change in financial condition, business or operations of ASPEN since the date of this Agreement or of a Customer since the date of the related Application, or (ii) the occurrence of an event which causes a representation made by ASPEN under this Agreement or by a Customer under a DFC to be false in any material respect when made or, although true when made, not to be true at the time the Software and Services are accepted by such Customer, or (iii) a Default by ASPEN, or (iv) notification by such Customer to ASPEN or to GE CAPITAL of its intent to cancel all or any part of such Transaction or to refuse to accept any part of the Software or Services. (h) "Final Document Package" means such properly completed and duly executed documentation, including the DFC and a copy of the Software License Agreement, as GE CAPITAL shall require in order to finalize a Transaction and to pay the Purchase Price to ASPEN, (i) "Material Adverse Change" means a significant negative change of ASPEN or GE CAPITAL from the date of this Agreement or of a Customer from the date of the related Application in its financial condition or its properties, assets, business, operations or business prospects. (j) "Net Book Value" with respect to a DFC means: (i) all accrued and unpaid amounts then due under the applicable DFC, plus (ii) all remaining amounts which shall become due under the applicable DFC, discounted to present value at the applicable Standard Discount Rate, plus (iii) any out-of-pocket expenses (including actual attorney's fees) incurred by GE CAPITAL with respect to such DFC. (k) "Software License Agreement" means the agreement between Aspen and the applicable Customer described in a DFC which entitles the Customer to use the Software in accordance with the terms of the Software License and to receive the Services described therein. (l) "Purchase Price" means the present value of the aggregate payments scheduled to be made under a DFC for the Software License and the Service Fees, if applicable, discounted at the Standard Discount Rate applicable thereto (or any non-Standard Discount Rate previously approved by GE CAPITAL in writing). (m) "Service Fees" means the fees charged by ASPEN to a Customer under a Software License Agreement for the provision of Services. (n) "Services" means any and all of the software maintenance services described in the applicable Software License Agreement which are financed by GE CAPITAL. (o) "Software" means ASP...
Event of Cancellation shall, with respect to a Contract, refer to (i) a Material Adverse Change in Financial Condition, business or operations of SELLER since the date of this Agreement or of the Customer since the date of the related Final Contract/Credit Applications or (ii) the occurrence of an event which causes a representation made by the Customer, SELLER or any other party in connection with the Contract or under this Agreement to be or become false or misleading in any material respect whether or not true when made or,(iii) a breach of any term of such Contract, or of any related guaranty or credit support agreement, whether by the customer or SELLER, including without limitation, failure or SELLER to deliver the underlying products or services to customer or (iv) any Default; or (v) notification by a Customer to SELLER or to MFS of its intent to cancel all or any part of the Contract or (vi) if the SELLER and/or MFS is named in a lawsuit over the actions of the SELLER.
Event of Cancellation shall, with respect to a Contract, refer to (i) a Material Adverse Change in Financial Condition, business or operations of SELLER since the date of this Agreement or of the Customer since the date of the related Contract Documentation or (ii) the occurrence of an event which causes a representation made by the Customer, SELLER or any other party in connection with the Contract or under this Agreement to be or become false or misleading in any material respect whether or not true when made or,(iii) a breach of any term of such Contract, or of any related guaranty or credit support agreement, whether by the Customer or SELLER, including without limitation, failure of SELLER to deliver the underlying products or services to Customer or (iv) any Default; or (v) notification by a Customer to SELLER or to MFS of its intent to cancel all or any part of the Contract or (vi) if the SELLER and/or MFS is named in a lawsuit over the actions of the SELLER.
Event of Cancellation shall, with respect to a Contract, refer to (i) a Material Adverse Change in Financial Condition, business or operations of SELLER since the date of this Agreement or of the Customer since the date of the related Offer Documentation Package; or (ii) the occurrence of an event which causes a representation made by the Customer, SELLER or any other party in connection with the Contract or under this Agreement to be or become false or misleading in any material respect when made or, although true when made, will not be true and correct at the time the products and/or services related to such Contract are rendered to the Customer; or (iii) a breach of any term of such Contract, or of any related guaranty or credit support agreement, or (iv) any Default; or (v) notification by a Customer to SELLER or to MFS of its intent to cancel all or any part of the Contract.
Event of Cancellation shall, with respect to a Transaction, refer to (i) a Material Adverse Change in Financial Condition, business or operations of COMPANY since the date of this Agreement or of the Customer since the date of the related Offer Document Package; or (ii) the occurrence of an event which causes a representation made by Customer, COMPANY or any other party in connection with the Transaction or under this Agreement to be or become false or misleading in any material respect when made or, although true when made, will not be true and correct at the time Software related to such Transaction is to be accepted by the Customer; or
Event of Cancellation means, with respect to a Transaction, (a) a Material Adverse Change in the financial or other condition of Client since the date of this Agreement or of the Customer since the date of the related Application, (b) any Default by Client, (c) notification by a Customer either to Client or NCC of its intent to cancel all or any part of its Transaction or to reject or refuse to accept any Equipment, (d) the inaccuracy of any credit information supplied to NCC with respect to the Customer or Transaction, or (e) any failure by Client to fulfill any of the obligations it may have to NCC with respect to such Transaction.