Delayed Fulfillment Sample Clauses

Delayed Fulfillment. In case the Seller decides not to act according with provisions 6.4.of this Part of the agreement, thus giving the right of choice (to take actions in accordance with either section 6.4. or 6.5.) it may take actions in accordance with the provisions of this section. Failure to invest in full or in part gives the right to the Seller to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in time on account of delayed fulfillment of obligations. Payment of penalties shall not release the Buyer from its obligation to complete the investment.
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Delayed Fulfillment. Should the Buyer be in delay with employment obligations and in this regard be allowed to execute an Annex to this Agreement, the Seller shall claim the fulfillment of obligation(s) and the Agreement Penalty payable by the Buyer. The Buyer is obliged for any delay of employment obligation according to the Employment Plan to pay the Seller the Agreement Penalty in the amount calculated by the following formula: Number of employees x (multiplied) by a number of months x (multiply) the average paid monthly gross salary of the employees in the Federation BiH according to the last published data. *Number of employees: Number of employees for whom the employment obligation was not fulfilled according to the Employment Plan. *Number of months: The total number of months as from the first next day when the Employment Plan was supposed to be fulfilled for a specified period until the day determined by the Annex to the Agreement executed for fulfillment of this obligation. The Seller may recuperate the Agreement Penalty set out pursuant to these provisions from the Guarantee for performance of buyer’s obligations. Payment of penalties shall not relieve the Buyer from its obligation to perform employment obligations.
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Delayed Fulfillment. In case the Buyer has failed to fulfill its investment obligation-investments with a delay, and referring to this is allowed to close the Attachment to the Agreement, the Seller will request the fulfillment of liabilities and the Agreement penalty. The Agreement penalty is determined from 10% (ten percents) of the amount the Buyer failed to invest - invest timely. The Agreement penalty determined by these regulations, the Buyer may charge from the Guarantee of the Seller’s obligations Payment of the Agreement penalties shall not release the Buyer from its obligation to make investments-to invest.
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Delayed Fulfillment. Should the Buyer be in delay with fulfillment of any of its investment obligations, and should it in this regard it be allowed to execute an annex to the present Agreement, the Seller shall request fulfillment of such obligation(s) and payment of an Agreement Penalty by the Buyer. The Agreement Penalty is agreed to amount 10% (in words: ten percent) of the investment that Buyer failed to make in due time. The Seller may recuperate the Agreement Penalty set forth under these provisions the from the Guarantee for performance of buyer’s obligations. Payment of the Agreement Penalties shall not relieve the Buyer from its obligation to make investments.
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Delayed Fulfillment. In case the Buyer has fulfilled the investment obligation but with delay, the Seller has the right, in accordance with the provisions of this Section, to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in a timely fashion. Failure to invest in full or in part gives the right to the Seller to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in time on account of delayed fulfillment of obligations. Payment of penalties shall not release the Buyer from its obligation to complete the investment in full.
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Delayed Fulfillment. In the event that the Buyer decides not to act in accordance with the provisions under Section 6.4 herein, by which the right of choice is provided (i.e. to act in accordance with either Section 6.4 or Section 6.5), the Buyer has the right and the obligation to act in accordance with the provisions of this Section. Failure to invest, in full or in part, shall entitle the Seller to claim penalties, on account of delayed fulfillment of obligations, in the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in a timely manner. Payment of penalties shall not release the Buyer from the obligation thereof to complete the investment.
Sample 1
Delayed Fulfillment. In case the Seller fulfilled investments commitments, but in delay, according to provisions of this Item, thus giving the right to the Seller to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in time on account of delayed fulfillment of obligations. Payment of penalties shall not release the Buyer from its obligation to complete the investment.
Sample 1
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Related to Delayed Fulfillment

  • Fulfillment During the Term and thereafter, CDnow shall have the sole right and responsibility for processing all orders through every aspect of a transaction, including receiving, filling, shipping and handling, collecting payment, tracking and transaction security. All orders for CDnow's products shall be placed by customers directly with CDnow and shall be subject to acceptance by CDnow. All orders accepted shall be subject to the terms and conditions of CDnow's then current terms and conditions of sale. Such terms may be changed at any time, without notice to Jam, RSN or its customers. CDnow shall have no obligation to ship any orders unless payment in full is received in advance. Prices for the products shall be set solely by CDnow. CDnow reserves the right to change its prices at any time, without notice to Jam, RSN or its customers.

  • Fulfillment of Conditions Purchaser (a) shall take all commercially reasonable steps necessary or desirable and proceed diligently and in good faith to satisfy each other condition to the obligations of Seller contained in this Agreement, and (b) shall not, and shall not permit any of its Affiliates to, take or fail to take any action that would reasonably be expected to result in the non-fulfillment of any such condition.

  • Receipt of Closing Documentation All documentation relating to the due authorization and completion of the purchase and sale of the Purchased Shares and all actions and proceedings taken on or prior to the Closing Date in connection with the performance by the Purchaser of its obligations under this Agreement shall be satisfactory to the Vendors and their counsel, acting reasonably, and the Vendors shall have received copies of all such documentation or other evidence as they may reasonably request in order to establish the consummation of the transactions contemplated hereby and the taking of all corporate proceedings in connection therewith in compliance with these conditions, in form and substance satisfactory to the Vendors and their counsel, acting reasonably.

  • Purchaser’s Obligations at Closing At Closing, Purchaser shall:

  • Closing Documentation The Buyer shall have received the following documents, agreements and instruments from the Sellers:

  • Closing Documentation, etc For purposes of determining compliance with the conditions set forth in §12, each Lender that has executed this Credit Agreement shall be deemed to have consented to, approved or accepted, or to be satisfied with, each document and matter either sent, or made available, by any Agent or any Co-Lead Arranger to such Lender for consent, approval, acceptance or satisfaction, or required thereunder to be consented to or approved by or acceptable or satisfactory to such Lender, unless an officer of the Administrative Agent active upon the Borrowers’ account shall have received notice from such Lender prior to the Closing Date specifying such Lender’s objection thereto and such objection shall not have been withdrawn by notice to the Administrative Agent to such effect on or prior to the Closing Date.

  • Extension of Closing Date 54 (a) If Paragraph 8(b) is checked and Closing funds from Buyer’s lender(s) are not available on Closing Date due 55 to Consumer Financial Protection Bureau Closing Disclosure delivery requirements (“CFPB Requirements”), 56 then Closing Date shall be extended for such period necessary to satisfy CFPB Requirements, provided such 57 period shall not exceed 10 days.

  • Seller’s Obligations at the Closing At the Closing, Seller shall deliver to Purchaser the following:

  • Postponement of Closing Date In the event that the Firm Units to which the default relates are to be purchased by the non-defaulting Underwriters, or are to be purchased by another party or parties as aforesaid, the Representative or the Company shall have the right to postpone the Closing Date for a reasonable period, but not in any event exceeding five (5) Business Days, in order to effect whatever changes may thereby be made necessary in the Registration Statement and/or the Prospectus, as the case may be, or in any other documents and arrangements, and the Company agrees to file promptly any amendment to, or to supplement, the Registration Statement and/or the Prospectus, as the case may be, that in the reasonable opinion of counsel for the Underwriters may thereby be made necessary. The term “Underwriter” as used in this Agreement shall include any party substituted under this Section 6 with like effect as if it had originally been a party to this Agreement with respect to such securities.

  • Consummation The Investor or the Existing Stockholders shall have 120 days from the date of the applicable Final Notice in which to sell to the Third Party the Securities owned by the Investor or the Existing Stockholders and the Included Shares of the Other Tag-Along Rights Holders on terms which are not materially less favorable to the sellers of Securities than those specified in the applicable Initial Offer Notice; provided, however, that in the event there is a decrease in the price to be paid by the Third Party for the Securities to be sold from the price set forth in the applicable Initial Offer Notice, which decrease is acceptable to the Investor or the Existing Stockholders, as applicable, or other material change in terms which are less favorable to the Investor or the Existing Stockholders, as the case may be, but which are acceptable to the Investor or the Existing Stockholders, as the case may be, the Investor or the Existing Stockholders, as the case may be, shall notify the participating Stockholders of such decrease or change in terms, and each of the participating Stockholders shall have five business days from the date of receipt of the notice of such decrease or change in terms to reduce the number of Securities it will sell to such Third Party as previously indicated in the applicable Acceptance Notice, and the number of shares that all other participating Stockholders (including Other Tag-Along Rights Holders) may transfer shall be increased in accordance with the provisions of Section 3.3; and provided, further, that in the event there is an increase in the price to be paid by the Third Party for the Securities to be sold from the price set forth in the applicable Initial Offer Notice or other material change in terms which are more favorable to the Investor or the Existing Stockholders, as the case may be, the Investor or the Existing Stockholders, as the case may be, shall notify the other Stockholders of such increase or change in terms, and each of the Stockholders who was eligible to but did not elect to participate to the full extent of its rights hereunder shall have five business days from the date of receipt of the notice of such increase or change in terms to increase the number of Securities it will sell to such Third Party, and the number of shares that all other participating Stockholders (including the Other Tag-Along Rights Holders) may transfer shall be decreased proportionately if necessary. A Third Party purchaser of Securities which complies with this Section 3 in connection with such purchase shall not be subject to the obligations contained in this Section 3 with respect to its future sales of such Securities. The Investor or the Existing Stockholders, as the case may be, shall cause to be remitted to the participating Stockholders the total sales price of the Included Shares of the participating Stockholders sold pursuant thereto, which consideration shall be in the same form and per share amount as the consideration received by the Investor or the Existing Stockholders, as the case may be, and as specified in the applicable Initial Offer Notice, net of the pro rata portion (based on the total value of the consideration received by such Stockholder compared to the aggregate consideration received by all Stockholders in the transaction) of the reasonable out-of-pocket expenses incurred in connection with a sale consummated pursuant to this Section 3. The Investor or the Existing Stockholder shall furnish, or shall cause to be furnished, such other evidence of the completion and time of completion of such sale and the terms thereof as may be reasonably requested by the participating Stockholders including, without limitation, evidence of the expenses incurred by the Investor or the Existing Stockholder, as the case may be, in connection with such sale. If and to the extent that, at the end of 120 days following the date of the applicable Final Notice, the Investor or the Existing Stockholder, as the case may be, has not completed the sale contemplated thereby, the Investor or the Existing Stockholder, as the case may be, shall return to the other participating Stockholders all certificates representing the Included Shares and all powers-of-attorney which the other participating Stockholders may have transmitted pursuant to the terms hereof.

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