Notice Failure definition

Notice Failure means a registration statement covering the issuance or resale of the Warrant Shares that are the subject of the Exercise Notice is not available for the issuance or resale, as applicable, of such Warrant Shares and (x) the Company fails to promptly, but in no event later than three (3) Business Days after such registration statement becomes unavailable, so notify the Holder and (y) the Company is unable to deliver such Warrant Shares electronically without any restrictive legend by crediting such aggregate number of Warrant Shares to the Holder’s or its designee’s balance account with DTC through its Deposit / Withdrawal At Custodian system.
Sample 1Sample 2Sample 3
Notice Failure shall have the meaning set forth in Section 1.2(c).
Sample 1Sample 2
Notice Failure has the meaning given to such term in Section 5.8(b)(iii)(B).
Sample 1

Examples of Notice Failure in a sentence

  • Notwithstanding anything herein to the contrary, with respect to any given Notice Failure and/or Delivery Failure, this Section 5(e) shall not apply to the applicable Buyer the extent the Company has already paid such amounts in full to such Buyer with respect to such Notice Failure and/or Delivery Failure, as applicable, pursuant to the analogous sections of the Certificate of Designations, as applicable, with respect to the Preferred Shares, as applicable, then held by such Buyer.


More Definitions of Notice Failure

Notice Failure means a registration statement covering the issuance or resale of the Warrant Shares that are the subject of the Exercise Notice is not available for the issuance or resale, as applicable, of such Warrant Shares and (x) the Company fails to promptly, but in no event later than three (3) Business Days after such registration statement becomes unavailable, so notify the Holder and (y) the Company is unable to deliver
Sample 1

Related to Notice Failure

  • Service Failure means a failure by the Contractor to provide the Services in accordance with any individual service level described above (measured on a monthly/quarterly/annual basis)

  • Listing Failure Event means that:

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Notice Event means any of the events enumerated in paragraph (b)(5)(i)(C) of the Rule and listed in Section 4(a) of this Disclosure Agreement.

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Notice Deadline means 2.30 p.m. (Dublin time), provided that the Notice Deadline in respect of any Series of ETP Securities may be adjusted by agreement between the Issuer and the Margin Loan Provider with effect from the fifth calendar day following the date on which notice of such adjustment is given to the holders in accordance with Condition 17.

  • Notice Date has the meaning specified in Section 2.10.