Examples of Volume Failure in a sentence
If the Company does not timely deliver a Company Installment Notice in accordance with this Section 8, then the Company shall be deemed to have delivered an irrevocable Company Installment Notice confirming a Company Conversion and shall be deemed to have certified that there is not then an Equity Conditions Failure, a Dollar Failure or a Volume Failure, in each case, in connection with such Company Conversion.
If the Company does not timely deliver a Company Installment Notice in accordance with this Section 8, then the Company shall be deemed to have delivered an irrevocable Company Installment Notice confirming a Company Conversion and shall be deemed to have certified that there is not then an Equity Conditions Failure, a Dollar Failure, a Volume Failure or a Price Failure, in each case, in connection with such Company Conversion.
Failure (as defined in the Notes) or Volume Failure (as defined in the Notes) or Equity Conditions Failure (as defined in the Notes) shall exist as of the Closing Date.
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With respect to the Notes, the Buyer hereby waives the Volume Failure and the Price Failure on any and all Installment Conversions and delivery of shares for any Pre-Installment Conversion Shares pursuant to an Installment Notice until May 1, 2017.