Common use of Fails Clause in Contracts

Fails. In the event that a purchaser shall fail to accept delivery of and make payment for a Certificated Note on the settlement date, the Presenting Agent will notify the Trustee and the Company by telephone, confirmed in writing. If the Certificated Note has been delivered to the Presenting Agent, as the Company's agent, the Presenting Agent will return such Certificated Note to the Trustee. If funds have been advanced by the Presenting Agent for the purchase of such Certificated Note, the Trustee will, immediately upon receipt of such Certificated Note, debit the account of the Company for the amount so advanced and the Company will refund the payment previously made by the Presenting Agent in immediately available funds. Such payment will be made on the settlement date, if possible, and in any event not later than the Business Day in New York City following the settlement date. If such fail shall have occurred for any reason other than the failure of the Presenting Agent to provide the Purchase Information to the Trustee and the Company or to provide a confirmation to the purchaser, the Company will reimburse the Presenting Agent on an equitable basis for its loss of the use of funds during the period when they were credited to the account of the Company. Immediately upon receipt of the Certificated Note in respect of which the fail occurred, the Trustee will cause the Security Registrar to make appropriate entries to reflect the fact that the Certificated Note was never issued and the Certificated Note will be canceled and disposed of as provided in the Indenture.

Fails. In the event that a purchaser shall fail to accept delivery of and make payment for a Certificated Note on the settlement dateSettlement Date, the Presenting Agent Dealer will notify the Trustee Fiscal Agent and the Company Issuer, by telephone, confirmed in writing. If the such Certificated Note has been delivered to the Presenting AgentDealer, as the Company's agentIssuer’s dealer, the Presenting Agent will Dealer shall return such Certificated Note to the TrusteeFiscal Agent. If funds have been advanced by the Presenting Agent for the purchase of such Certificated Note, the Trustee Fiscal Agent will, immediately upon receipt of such Certificated Note, debit the account of the Company Issuer for the amount so advanced and the Company will Fiscal Agent shall refund the payment previously made by the Presenting Agent Dealer in immediately available funds. Such payment payments will be made on the settlement dateSettlement Date, if possible, and in any event not later than the Business Day in New York City following the settlement dateSettlement Date. If such the fail shall have occurred for any reason other than the failure of the Presenting Agent Dealer to provide the Purchase Information to the Trustee and the Company Issuer or to provide a confirmation to the purchaser, the Company Issuer will reimburse the Presenting Agent Dealer on an equitable basis for its loss of the use of funds during the period when they the funds were credited to the account of the CompanyIssuer. Immediately upon receipt of the Certificated Note in respect of which the fail occurred, the Trustee Fiscal Agent will cause the Security Registrar to make appropriate entries in its records to reflect the fact that the Certificated Note was never issued and the Certificated Note will be canceled and disposed of as provided in the IndentureAmended and Restated Fiscal Agency Agreement.

Fails. In the event that a purchaser shall fail to accept delivery of and make payment for a Certificated Note on the settlement date, the Presenting Agent will notify the Trustee and the Company Issuer by telephone, confirmed in writing. If the Certificated Note has been delivered to the Presenting Agent, as the CompanyIssuer's agent, the Presenting Agent will return such Certificated Note to the Trustee. If funds have been advanced by the Presenting Agent for the purchase of such Certificated Note, the Trustee will, immediately upon receipt of such Certificated Note, debit the account of the Company Issuer for the amount so advanced and the Company Issuer will refund the payment previously made by the Presenting Agent in immediately available funds. Such payment will be made on the settlement date, if possible, and in any event not later than the Business Day in New York City following the settlement date. If such fail shall have occurred for any reason other than the failure of the Presenting Agent to provide the Purchase Information to the Trustee and the Company Issuer or to provide a confirmation to the purchaser, the Company Issuer will reimburse the Presenting Agent on an equitable basis for its loss of the use of funds during the period when they were credited to the account of the CompanyIssuer. Immediately upon receipt of the Certificated Note in respect of which the fail occurred, the Trustee will cause the Security Registrar to make appropriate entries to reflect the fact that the Certificated Note was never issued and the Certificated Note will be canceled and disposed of as provided in the Indenture.