Failing Party definition

Failing Party has the meaning set forth in Section 2.3(h) of this Agreement. “[*].
Sample 1Sample 2Sample 3
Failing Party has the meaning set forth in Section 31.01 for use in that Section.
Sample 1Sample 2
Failing Party shall have the meaning defined in art. XIII.I of this Agreement.
Sample 1

Examples of Failing Party in a sentence

  • Although they are less active against bacteria, especially Gram-negative organisms, parabens often inhibit the growth of yeasts and moulds at considerably lower doses than benzoic acid.

  • The transactions executed on Fund E’s behalf by Asset Manager 5, Asset Manager 6, and Asset Manager 7 would each be considered to be transactions entered into by Securities Dealer LLC with a distinct Failing Party.

  • If a Party to this Agreement (the Failing Party) should fail to take any action to be taken or to deliver any document to be delivered as of a specified date, the other Party shall not resort to any contractual remedies under this Agreement if such failure is promptly and fully cured in good faith by the Failing Party.

  • Fund A, Fund B, and Fund C would each be considered to be a distinct Failing Party.

  • In respect of any cash market transaction in which the securities agreed to be sold are Agency Debt or Agency MBS and to which this Trading Practice applies, any failure by the seller to transfer those securities to the buyer by the scheduled settlement date constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the scheduled settlement date, the Failing Party is the seller, the Non-Failing Party is the buyer and the Trade Proceeds are the purchase price for those securities.

  • References to the Failing Party and the Non-Failing Party (each, a “Party”) in this Trading Practice are intended to mean the legal entities that are counterparties to one another in an Agency Debt or Agency MBS transaction.

  • Furthermore, in any such transaction, any failure by the Buyer to deliver Purchased Securities on the applicable Repurchase Date constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the Repurchase Date, the Failing Party is the Buyer, the Non-Failing Party is the Seller and the Trade Proceeds are the Repurchase Price.

  • Furthermore, in any such transaction, any failure by the Borrower to transfer Loaned Securities to the Lender by the Cutoff Time on the termination date of the Loan constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the termination date of the Loan, the Failing Party is the Borrower, the Non-Failing Party is the Lender and the Trade Proceeds are the Market Value on the date such Delivery Failure began of the Collateral for the Loan.

  • Furthermore, in any such transaction, any failure by the Borrower to redeliver or procure the redelivery of Equivalent Securities to the Lender on the termination date of the Loan constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the termination date of the Loan, the Failing Party is the Borrower, the Non-Failing Party is the Lender and the Trade Proceeds are the Market Value on the date such Delivery Failure began of the Posted Collateral in respect of the Loan.

  • Furthermore, in any such transaction, in the case of an option that is a put, any failure by the Holder to transfer the Underlying Agency Debt or Agency MBS to the Writer on the Option Settlement Date constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the Option Settlement Date, the Failing Party is the Holder, the Non-Failing Party is the Writer and the Trade Proceeds are the amount agreed to be paid by the Writer to the Holder upon settlement.


More Definitions of Failing Party

Failing Party has the meaning specified in Section 7.2.
Sample 1
Failing Party means the Party that fails to comply with the obligations set out in this clause33;
Sample 1
Failing Party. The term "Failing Party" is defined in SECTION 25(f)(ii).
Sample 1
Failing Party means the Party that fails to comply with the obligations set out in this clause ‎25;
Sample 1
Failing Party has the meaning set out in Clause 9.6(a) Fairly Disclosed means disclosed to the Purchaser or its ultimate parent company Integrated Device Technology, Inc. (i) in writing within this Agreement (including the Schedules thereto) or (ii) in the Electronic Data Room, each in a conspicuous way that would enable a reasonable professional purchaser given the nature and context of the disclosure to become aware of the nature of the possible implications of such disclosure on the Company. 2813477 SV\1613529.24
Sample 1
Failing Party means the Party that fails to comply with the obligations set out in this clause ‎33;
Sample 1

Related to Failing Party

  • Filing Party has the meaning set forth in Section 6.12(b).

  • Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).

  • Defending Party has the meaning set forth in Section 14.2.3.

  • Initiating Party means a party who gives notice under section 2 of this Schedule;

  • Billing Party means the Party rendering a bill.

  • Terminating Party As defined in Section 7.1(f).

  • Responding Party shall have the meaning set forth in Section 12.2 hereof.

  • Performing Party As defined in Section 11.12.

  • Prosecuting Party has the meaning set forth in Section 6.2(c).

  • Aggrieved party means a party entitled to pursue a remedy.

  • prevailing party shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. Lessor shall be entitled to attorneys' fees, costs and expenses incurred in preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach. Broker(s) shall be intended third party beneficiaries of this Paragraph 31.

  • complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.5 (Initiation of the Arbitration Procedure);

  • Notifying Party As defined in Section 3.01(i).

  • Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Xxxxxxxx has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Xxxxxx’s judgment, could result in forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Xxxxxx’s judgment, precludes forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Xxxxxx’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.

  • Enforcing Party In connection with any Repurchase Request, (i) in the event one or more Requesting Certificateholders or Consultation Requesting Certificateholders has delivered a Final Dispute Resolution Election Notice with respect thereto pursuant to Section 2.03(g) of this Agreement, with respect to the mediation or arbitration that arises out of such Final Dispute Resolution Election Notice, such Requesting Certificateholder(s) and/or Consultation Requesting Certificateholder(s), or (ii) in all other cases, the Enforcing Servicer.

  • Breaching Party has the meaning set forth in Section 12.2.

  • Requesting Party means the Party to this Agreement submitting a request for or having received information from the requested Party;

  • Controlling Party Has the meaning specified in the Intercreditor Agreement.

  • Disputing Party has the meaning specified in Paragraph 5.

  • Paying Party shall have the meaning set forth in Section 5.7.

  • Designating Party has the meaning set forth in Section 12.22.3.

  • Non-Controlling Party means the party not controlling the defense of any Third Party Action.

  • Preparing Party has the meaning set forth in Section 2.04(a)(ii).

  • injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;

  • Consenting Party means a Party who agrees to participate in and pay its share of the cost of an Exclusive Operation.

  • Non-Breaching Party has the meaning set forth in Section 9.3.