Shortfall Notice Sample Clauses

Shortfall Notice. (a) Before providing a Shortfall Notice under clause 6.1, the Company must inform the Underwriter of the number of Acceptances which are not Valid Applications, the grounds on which the Company believes any Acceptance is not a Valid Application and permit the Underwriter to review those Acceptances, and the Underwriter may re-lodge those Acceptances that are or become Valid Applications.
Sample 1
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Shortfall Notice a notice from the Issuer to the Underwriter specifying the number of Offer CDIs for which Valid Applications in respect of the Offer have not been received. Shortfall CDIs 1 the number of Offer CDIs offered under the Offer for which Valid Applications have not been received from Eligible Holders in respect of their Entitlement; and
Sample 1
Shortfall Notice. If at any time during any calendar year following commencement of cGMP manufacture of Product at the Facility, Lonza believes that it will be unable to Deliver in such calendar year the number of Batches ordered by Customer for Delivery during such calendar year, Lonza shall promptly provide written notice thereof to Customer, which notice shall include (i) the number of Batches that Lonza believes it will be unable to Deliver, (ii) the reasons for Lonza’s inability to deliver such number of Batches and (iii) Lonza’s anticipated timeline for being able to deliver such number of Batches (such notice, a “Shortfall Notice”). Following delivery of a Shortfall Notice, Lonza shall be obligated to provide written notice(s) to Customer promptly in the event there are subsequent changes in the details covered by a particular Shortfall Notice (e.g., if Lonza subsequently learns that it will be able to Deliver more or less Batches than previously described in the Shortfall Notice or any prior update notice, or if Lonza’s anticipated timelines for curing such shortfall change). For clarity, the provisions of this Clause 7.3 and Clause 7.4 and other provisions relating to mechanisms addressing Lonza’s inability to Deliver Batches set forth in Purchase Orders under this Agreement shall not limit or otherwise affect Lonza’s obligations to continue efforts to manufacture and Deliver Products in accordance with Clause 3.1 of this Agreement.
Sample 1
Shortfall Notice. See SECTION 3.1.4(A)(I).
Sample 1
Shortfall Notice. 8.3 If Riverside delivers, or is deemed to deliver, to Crown a Shortfall Notice, Crown may, at any time before the end of the first Fiscal Quarter after the Contract Year in which the Shortfall Notice is given, deliver a notice (a "Remedy Notice") to Riverside confirming that Crown requires a remedy to make up for the Volume Shortfall and including an invoice or other reasonable evidence of the cost to Crown f.o.b. the Original Pulp Xxxxx of a volume of Chips equal to the Volume Shortfall actually purchased by Crown in an arm's-length bona fide sale at any time during the 10 Business Days immediately preceding the date on which the Remedy Notice is delivered in excess of the cost of such volume calculated at the Chip Price and f.o.b. the original Pulp Xxxxx at such time (the "Excess Cost").
Sample 1
Shortfall Notice. Within 15 days of determining the Shortfall Amount, Parent will deliver to the Company a notice containing the Shortfall Amount and the number of shares comprising the Returned Stock (the “Shortfall Notice”). After receiving the Shortfall Notice, the Company shall have 15 days within which to return certificate(s) of the Parent Common Stock representing at a minimum the amount of the Returned Stock, together with a stock power for each certificate endorsed in blank. Upon receipt of the certificate(s) of the Parent Common Stock and the stock power(s) from the Company, Parent shall cancel all such certificates and reissue to the Company a certificate representing the number of shares of Parent Common Stock owned by the Company prior to cancellation less the amount of Returned Stock.
Sample 1
Shortfall Notice. Each Member shall notify the Manager, within ten (10) calendar days after the giving of the Capital Notice, of the amount (if any) of the Required Amount that such Member elects (in the sole and absolute discretion of such Member) to obligate itself to make as an additional Capital Contribution. Failure to so notify the Manager within such 10-day period shall be deemed to be such Member’s election to not obligate itself to make a Capital Contribution with respect to the Required Amount. The Manager shall immediately thereafter notify (the “Shortfall Notice”) each Member if there is any shortfall between the amounts so obligated by the Members and the amount of the Required Capital (the “Shortfall Amount”), which Shortfall Notice shall identify each Member that is not obligating itself to contribute its Required Amount (a “Shortfall Member”). For purposes of this Agreement, “Shortfall Amount” shall also include any amount thereafter not timely contributed by a Member that such Member obligated itself to contribute pursuant to this Section 3.8, and “Shortfall Member” shall also include such Member.
Sample 1
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Shortfall Notice. If TimberWest delivers, or is deemed to deliver, to FCCL a Shortfall Notice, FCCL may, at any time before the end of the first Fiscal Quarter after the Contract Year in which the Shortfall Notice is given, deliver a notice (a "Remedy Notice") to TimberWest confirming that FCCL requires a remedy to make up for the Volume Shortfall and including an invoice or other reasonable evidence of the cost to FCCL F.O.B. the Original Pulp Xxxxx of a volume of Chips equal to the Volume Shortfall actually purchased by FCCL in an arm's length bona fide sale at any time during the 10 Business Days immediately preceding the date on which the Remedy Notice is delivered in excess of the cost of such volume calculated at the Chip Price and F.O.B. the Original Pulp Xxxxx at such time (the "Excess Cost").
Sample 1
Shortfall Notice. If at any time during any MO Year: (a) Lonza believes that […***…]; or (b) […***…] occurs, Lonza shall promptly provide written notice thereof to Customer, which notice shall include: (i) the number of Batches that Lonza believes it will be unable to Deliver; (ii) the reasons for Lonza’s inability to Deliver such number of Batches; and (iii) Lonza’s anticipated timeline for being able to Deliver such number of Batches (such notice, a “Shortfall Notice”). Following delivery of a Shortfall Notice, Lonza shall be obligated to provide written notice(s) to Customer promptly in the event there are subsequent changes in the details covered by a particular Shortfall Notice. For clarity, the provisions of this Clause 6.5 and Clause 6.6 and other provisions relating to mechanisms addressing Lonza’s inability to deliver Batches set forth in purchase orders under this Agreement shall not limit or otherwise affect Lonza’s obligations to continue efforts to manufacture and deliver Products in accordance with Clause 2.1.
Sample 1

Related to Shortfall Notice

  • Call Notice The Company shall have a period (the “Call Period”) of ninety (90) days from the six (6) month anniversary of the last date of delivery to the Participant of any Share deliverable pursuant to any outstanding Award (or, if later, with respect to a Section 6(a) Call Event, the date after discovery of, and the applicable cure period for, an impermissible Transfer constituting a Section 6(a) Call Event) in which to give notice in writing to the Participant of its election to exercise its rights and obligations pursuant to this Section 6 (a “Call Notice”). The completion of the purchases pursuant to the Call Notice shall take place at the principal office of the Company on the tenth (10th) business day after delivery of such Call Notice. The applicable Repurchase Price (including any payment with respect to Awards described in this Section 6) shall be paid by delivery to the applicable Participant Entities of a certified bank check or checks in the appropriate amount payable to the order of each of the applicable Participant Entities (or by wire transfer of immediately available funds, if the Participant Entities provide to the Company wire transfer instructions) against delivery of certificates or other instruments representing the Stock so purchased and appropriate documents canceling the Awards so terminated, appropriately endorsed or executed by the applicable Participant Entities or any duly authorized representative.

  • Selection Notice A Selection Notice to be effective must be:

  • Repurchase Notice The Company may elect to purchase all or any portion of the Covered Units subject to repurchase pursuant to Section 1.5 above by sending written notice (a “Repurchase Notice”) to Recipient (or the holder of such Units) within one hundred eighty (180) days of (i) if Section 1.5(b) applies, the date of the termination of Recipient’s service on the Board, (ii) if Section 1.5(c) applies, the discovery by the Company of Recipients’ breach of any Restrictive Covenants, or (iii) if Section 1.5(d) applies, the discovery by the Company of Recipient’s competition with the Company or of the event giving rise to the Board Determined Cause Event. Such a Repurchase Notice shall specify the closing date for the repurchase by the Company of the Covered Units being repurchased by the Company, which date shall be not less than thirty (30) days nor more than ninety (90) days after the determination of Fair Market Value of such Covered Units (to the extent Cost is not the applicable purchase price). In the event the Company repurchases any Covered Units in accordance with this Agreement, Recipient (or other holder of such Covered Units) shall not have the right to receive any distributions from the Company or allocations of Company income or loss for any period after the effective date of termination of service on the Board (if Section 1.5(b) applies) or the date on which the Company discovers a breach of covenants, competition with the Company or event giving rise to the Board Determined Cause Event, as applicable, if Section 1.5(c) or Section 1.5(d) applies.

  • Termination Event; Notice The Purchase Contracts and all obligations and rights of the Company and the Holders thereunder, including, without limitation, the rights of the Holders to receive and the obligation of the Company to pay any Purchase Contract Payments (including any deferred or accrued and unpaid Purchase Contract Payments), if the Company shall have such obligation, and the rights and obligations of Holders to purchase Common Stock, shall immediately and automatically terminate, without the necessity of any notice or action by any Holder, the Purchase Contract Agent or the Company, if, prior to or on the Purchase Contract Settlement Date, a Termination Event shall have occurred.

  • Election Period The period which begins on the first day of the Plan Year in which the Participant attains age thirty-five (35) and ends on the date of the Participant’s death. If a Participant separates from Service prior to the first day of the Plan Year in which age thirty-five (35) is attained, the Election Period shall begin on the date of separation, with respect to the account balance as of the date of separation.

  • Funding Notice Administrative Agent shall have received a fully executed and delivered Funding Notice.

  • TRANSACTION NOTICE On any Trading Day during the Commitment Period, the Company may deliver a Transaction Notice to the Sales Agent (in the case of an Issuance) or the Forward Seller and the Forward Purchaser (in the case of a Forward), subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (i) the Issuance Amount or Forward Hedge Amount, as the case may be, for each Transaction as designated by the Company in the applicable Transaction Notice shall in no event exceed $100,000,000 for any Issuance or $50,000,000 for any Forward without the prior written consent of the Sales Agent or the Forward Seller, which may be withheld in the Sales Agent’s or the Forward Seller’s sole discretion and (ii) notwithstanding anything in this Agreement or the Master Forward Confirmation to the contrary, neither the Forward Purchaser, the Sales Agent nor the Forward Seller shall have any further obligations with respect to any Transaction Notice if and to the extent the aggregate Sales Price of the Shares sold pursuant thereto, together with the aggregate Sales Price of the Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Transaction Notice; provided, however, that (i) the Company may not amend the Issuance Amount or Forward Hedge Amount, as the case may be, if such amended Issuance Amount or Forward Hedge Amount, as applicable, is less than the Actual Sold Issuance Amount or Actual Sold Forward Amount, as the case may be, as of the date of such amendment; (ii) the Company shall not have the right to amend a Transaction Notice specifying that it relates to a “Forward” after the related “Supplemental Confirmation” has been delivered to the Company; and (iii) no reduction in the Floor Price shall cause any sales of Shares executed pursuant to such Transaction Notice prior to the date of receipt of such amendment to be a breach of the terms hereof.

  • Purchase Notice Revolving Creditors shall have the option to purchase from the Term Loan Creditors all but not less than all of the Term Loan Obligations at any time following (i) Term Loan Agent or Term Loan Creditors have accelerated the maturity of all or a material portion of the Term Loan Obligations, (ii) the commencement of an Enforcement Action by Term Loan Agent with respect to a material portion of the Term Loan Priority Collateral, (iii) the commencement of any Insolvency Proceeding, or (iv) the extension of the final maturity date of the Term Loan Obligations. The Term Loan Agent shall promptly deliver to the Revolving Agent notice of the first to occur of the events described in clauses (i), (ii), (iii) or (iv) of this paragraph (a). Revolving Agent (on behalf of the exercising Revolving Creditors (the “Term Obligations Purchaser”)) shall exercise this option by giving written notice (the “Revolving Agent’s Purchase Notice”) of its election to Term Loan Agent within ten (10) Business Days following the delivery of such notice. The Revolving Agent’s Purchase Notice, once delivered, shall be irrevocable and shall not be subject to withdrawal or rescission.

  • Deliverables at Triggering Event Dates; Certificates The Company agrees that on or prior to the date of the first Issuance Notice and, during the term of this Agreement after the date of the first Issuance Notice, upon:

  • Termination Notice Except in the event of Executive's death, a termination under this Agreement shall be effected by means of a Termination Notice.

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