FAILURE TO REDELIVER Sample Clauses

FAILURE TO REDELIVER. 9.1 Borrower’s failure to redeliver Equivalent Securities
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FAILURE TO REDELIVER. Where Sublessor has sought physical redelivery under Section 14(a) above but any Item of Equipment has not been redelivered in accordance therewith (but without regard to the physical condition thereof), in lieu of exercising its rights under Section 14(c), Sublessor may require Sublessee on Sublessor’s first written demand to pay to Sublessor the Agreed Value in respect of such Item of Equipment; provided that Sublessor retains all rights to claims with respect to Annex C. Within seven (7) days of Sublessor’s receipt of the Agreed Value in respect of such Item of Equipment and all other amounts then payable under the Sublease, Sublessor agrees to request that Head Lessor execute and deliver a xxxx of sale transferring title to such Item of Equipment to Sublessee. Any sale under this Clause would be in an “as is, where is” condition and without any warranty on the part of Sublessor, Head Lessor, the Trustee or Owner Participant and Sublessee shall indemnify Sublessor, Head Lessor, the Trustee and Owner Participant for all fees, expenses and Taxes incurred by Sublessor, Head Lessor, the Trustee or Owner Participant in connection with any such transfer; and
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FAILURE TO REDELIVER. Without limiting in any way the Borrower’s obligation to redeliver Equivalent Securities immediately on termination of the Loan(s), or the remedies under general law and this Agreement available to the Lender in the event of a failure to meet that obligation, this provision applies in the event that the Borrower fails to meet a redelivery obligation in accordance with paragraph 7.2 above. In such situation, in addition to the Lender’s rights under the general law and this Agreement where the Lender incurs interest, overdraft or similar costs and expenses the Borrower agrees to pay on demand and hold harmless the Lender with respect to all such costs and expenses which arise directly from such failure excluding (i) such costs and expenses which arise from the negligence or wilful default of the Lender and (ii) any indirect or consequential losses of the Lender. In the event that as a result of the failure of the Borrower to fulfill its redelivery obligations the Lender purchases securities from a third party to satisfy or extinguish its obligations to any other party in respect of such Loaned Securities, then the Borrower shall account to the Lender for the total costs and expenses (including, without limitation, any taxes) properly incurred by the Lender in connection with such purchase.
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FAILURE TO REDELIVER 
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Related to FAILURE TO REDELIVER

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Right to Redeem The Board of Directors of the Company may, at its option, at any time prior to a Trigger Event, redeem all but not less than all of the then outstanding Rights at a redemption price of $.01 per Right, appropriately adjusted to reflect any stock split, stock dividend, recapitalization or similar transaction occurring after the date hereof (such redemption price being hereinafter referred to as the "Redemption Price"), and the Company may, at its option, pay the Redemption Price in Common Shares (based on the "current per share market price," determined pursuant to Section 11.4, of the Common Shares at the time of redemption), cash or any other form of consideration deemed appropriate by the Board of Directors. The redemption of the Rights by the Board of Directors may be made effective at such time, on such basis and subject to such conditions as the Board of Directors in its sole discretion may establish.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Election to Redeem; Notice to Trustee The election of the Company to redeem any Securities shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

  • Failure to Remedy If the LHIN has provided the HSP with an opportunity to remedy the breach, and:

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Deliver Applicable

  • Failure to Timely Deliver; Buy-In If the Company fails to (i) issue and deliver (or cause to be delivered) to a Buyer by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Buyer that is free from all restrictive and other legends or (ii) credit the balance account of such Buyer’s or such Buyer’s nominee with DTC for such number of Conversion Shares or Warrant Shares so delivered to the Company, then, in addition to all other remedies available to such Buyer, the Company shall pay in cash to such Buyer on each day after the Required Delivery Date that the issuance or credit of such shares is not timely effected an amount equal to 1% of the original principal amount of such Buyer’s Note. In addition to the foregoing, if the Company fails to so properly deliver such unlegended certificates or so properly credit the balance account of such Buyer’s or such Buyer’s nominee with DTC by the Required Delivery Date, and if on or after the Required Delivery Date such Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by such Buyer of shares of Common Stock that such Buyer anticipated receiving from the Company without any restrictive legend, then, in addition to all other remedies available to such Buyer, the Company shall, within three (3) Trading Days after such Buyer’s request and in such Buyer’s sole discretion, either (i) pay cash to such Buyer in an amount equal to such Buyer’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the “Buy-In Price”), at which point the Company’s obligation to deliver such certificate or credit such Buyer’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to deliver to such Buyer a certificate or certificates or credit such Buyer’s DTC account representing such number of shares of Common Stock that would have been issued if the Company timely complied with its obligations hereunder and pay cash to such Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Conversion Shares or Warrant Shares (as the case may be) that the Company was required to deliver to such Buyer by the Required Delivery Date times (B) the Closing Sale Price (as defined in the Warrants) of the Common Stock on the Trading Day immediately preceding the Required Delivery Date.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Right to Redeem; Notices to Trustee 20 SECTION 3.02 Selection of Securities to Be Redeemed...........................20 SECTION 3.03

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