Failure to Deposit. (a) If: (i) any Failure to Deposit shall have occurred with respect to shares of any series of Preferred Shares of the Trust during any Rate Period thereof (other than any Special Rate Period of Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8 of the Auction Agency Agreement and the Trust shall have paid to the Auction Agent for such series the applicable Late Charge as described in Section 2.8 of the Auction Agency Agreement, then, if BD is a Broker-Dealer for such series, such Auction Agent shall deliver a notice in the form of Exhibit G to the Auction Agency Agreement by first-class mail, postage prepaid, to BD not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.
Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust shall have paid to the Auction Agent a late charge (a “Late Charge”) equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APS, if any, for which Notice of Redemption has been given by the Trust, an amount computed by multiplying (x) 300% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G hereto by first-class mail, postage prepaid, to the Broker-Dealers not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.
Failure to Deposit. The failure of CCC to deposit funds into the CCC Reserve Account or of Bank to deposit funds into the Operating Account in accordance with the provisions of this Agreement, within fifteen (15) days of notice from the nondefaulting party of the amount of any required deposit therein.
Failure to Deposit. 14 2.8 Broker-Dealers........................................................ 17 2.9 Ownership of APS...................................................... 17 2.10 Access to and Maintenance of Auc- tion Records.......................................................... 18 2.11 Dividend and Redemption Price De- posit................................................................. 18
Failure to Deposit. If Buyer fails to perform as set forth in Paragraph 2 above, Seller may either: (a) extend the date for the payment Deposit for an additional period of time specified by Seller at that date; or (b) reach alternative financing agreement in writing with Buyer or (c) treat Buyer's failure to perform as a default hereunder, in which event Seller may terminate the Agreement, cancel Escrow and proceed in accordance with Paragraph 7 of the Agreement. The Agreement, as modified by this Addendum, is hereby ratified and shall continue in effect.
Failure to Deposit. (a) If: any Failure to Deposit shall have occurred with respect to shares of any series of Preferred Shares during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured); but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.7 of the Auction Agency Agreement and the Fund shall have paid to the Auction Agent the late charge as described in Section 2.7 of the Auction Agency Agreement; then, the Auction Agent shall deliver a notice in the form of Exhibit H to the Auction Agency Agreement by first-class mail, postage prepaid, to BD not later than one Business Day after its receipt of the payment from the Fund curing such Failure to Deposit and such late charge.
Failure to Deposit. The failure of Bank to deposit funds into the Operating Account in accordance with the provisions of this Agreement, within fifteen (15) days of the time required for any deposit therein.
Failure to Deposit. For provisions relating to the penalty for failure to make a deposit within the prescribed time, see section 6656.
Failure to Deposit. In case the Escrow Deposit is not transferred into the Pre-Closing Account within 10 (ten) Business Days from the Signing Date, then this Escrow Agreement shall be of no further force and effect and the Escrow Agent shall be released of all and any obligations to the Escrow Parties.
Failure to Deposit. (a) If: 8
