Priority of Orders Sample Clauses

Priority of Orders. All orders received in the order book are sorted and matched based on a protocol of variables to be considered in the following order: (i) price, (ii) firm (provided, however, that a firm order that constitutes an Iceberg order which is indicated as having zero notional amount visible shall be considered after all other displayed firm orders), (iii) non-firm (see Section 9), (iv) time.
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Priority of Orders. If GWI determines that Supplier is unlikely ------------------ to be able to schedule production as indicated in Section 4.3(b) above, then GWI shall advise Supplier of the priority of production within the Primary Facility for GWI's Binding Primary Commitments, Binding Secondary/Steriles Commitments, POs for Clinical Materials or for Primary Inventory and Replenishment Products. If a change in a Replenishment Forecast previously delivered by GWI, the issuance by GWI of a new PO for Secondary/Steriles Products or for Primary Products from Primary Inventory or other causes under GWI's primary control (but not under Supplier's control) is the basis for the delivery of such notice, the parties' obligations with respect to the production, purchase and sale of Products, including without limitation obligations with respect to service level, shall be modified in accordance with the adjustments in scheduled delivery dates made by GWI pursuant to this Section 4.3.
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Priority of Orders. (a) A Member undertaking business on his own account or on account of a director, employee, Responsible Individual, or trader of the Member as well as on account of other clients shall always give priority to the orders of such other clients. However, this Rule does not require Members with house or other proprietary orders already entered in IPE ETSthe ICE Platform when a client order is received at the same price, to give precedence to that client order.
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Priority of Orders. Sales of Securities held for the Account will be made only by or through us, as Manager. Sales of Securities held by an Underwriter (other than for carrying purposes) will be for the sole account of such Underwriter. We may determine that a portion of the Securities of one or more maturities will be allocated as Retentions to one or more of the Managers and not sold by the Account. We will notify you of any Retentions so determined. Unless we otherwise provide in the Initial Wire or in a Pricing Wire (upon consultation with the Issuer where appropriate, or if so requested by the Issuer) and other than Retentions, the priority to be accorded to different types of orders to purchase Securities from the Account will be as follows:
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Priority of Orders. Sales of Securities held for the Account will be made only by or through us, as Manager. Sales of Securities held by an Underwriter (other than for carrying purposes) will be for the sole account of such Underwriter. We may determine that a portion of the Securities of one or more ma turities will be allocated as Retentions to one or more of the Managers and not sold by the Account. We will notify you of any Retentions so determined. Unless we otherwise provide in the Initial Wire or in a Pricing Wire (upon consultation with the Issue r where appropriate, or if so requested by the Issuer) and other than Retentions, the priority to be accorded to different types of orders to purchase Securities from the Account will be as follows:
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Priority of Orders. Unless we otherwise provide in the Invitation Wire, the priority to be accorded to different types of orders to purchase Securities from the Account shall be as follows:
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Priority of Orders. Sales of Securities held for the Account will be made only by or through us, as Manager. Sales of Securities held by an Underwriter (other than for carrying purposes) will be for the sole account of such Underwriter. We may determine that a portion of the Securities of one or more maturities will be allocated as Retentions to one or more of the Managers and not sold by the Account. We will notify you of any Retentions so determined. Unless we otherwise provide in the Initial Wire or in a Pricing Wire (upon consultation with the Issuer where appropriate, or if so requested by the Issuer) and other than Retentions, the priority to be accorded to different types of orders to purchase Securities from the Account will be as follows: Group net orders (public offering price) Net designated orders (public offering price) Member orders (public offering price less Total Takedown). In accordance with MSRB Rule G-11(e), unless otherwise agreed with the Issuer, customer orders shall be given priority over orders for member accounts or for Related Accounts, to the extent feasible and consistent with the orderly distribution of the Securities in the offering. We will provide you with the information required to be set forth in MSRB Rule G-11(f). We may change the order indicated above (upon consultation with the Issuer where appropriate, or if so requested by the Issuer), provided that, on a case-by-case basis, we also may allocate Securities in a manner other than in accordance with the agreed-upon order of priority if we determine, in our sole and absolute discretion, that such allocation is in the best interests of the Account. We acknowledge that we bear the burden to justify that such allocation was in the best interests of the Account. We will promptly communicate any change governing the priority of orders to all Underwriters participating in the Account; provided, however, that the failure to communicate such information shall not be construed as releasing any Underwriter from any responsibility or liability to the Account under this Master Agreement. Within a priority, we may grant preference in allocation to institutional purchasers, retail purchasers or such other purchasers as we determine in our discretion to be desirable, and not contrary to the best interest of the Account. No orders obtained by you (other than for Retentions) will be confirmed by you until approved by us. The amount of your Participation will not entitle you to the confirmation by us to y...
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Related to Priority of Orders

  • Placement of Orders The Adviser shall arrange for the placing of all orders for the purchase and sale of securities for a Fund’s account with brokers or dealers selected by the Adviser. In the selection of such brokers or dealers and the placing of such orders, the Adviser is directed at all times to seek for each Fund the most favorable execution and net price available under the circumstances. It is also understood that it is desirable for the Funds that the Adviser have access to brokerage and research services provided by brokers who may execute brokerage transactions at a higher cost to the Funds than may result when allocating brokerage to other brokers, consistent with section 28(e) of the 1934 Act and any Commission staff interpretations thereof. Therefore, the Adviser is authorized to place orders for the purchase and sale of securities for a Fund with such brokers, subject to review by the Board from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to the Adviser in connection with its or its affiliates’ services to other clients.

  • Pricing of Orders Day 1 Trades communicated to the Fund by 9:00 a.m. Eastern Time on Day 2 will be effected at the Share Price for the applicable Portfolio on Day 1.

  • EXECUTION OF ORDERS All orders for the creation or redemption of Creation Units shall be handled in accordance with the terms of the Prospectus, and the procedures described in Attachments A and A-1 to this Agreement. In the event the procedures include the use of recorded telephone lines, the Participant hereby consents to such use. The Trust reserves the right to issue additional or other procedures relating to the manner of creating or redeeming Creation Units, and the Participant, and the Distributor agree to comply with such procedures as may be issued from time to time, upon reasonable notice thereof. The Participant understands and acknowledges that the Transfer Agent will not effect a creation or redemption until it has received confirmation of receipt of the Participant’s incoming security transfer and/or cash through the Trust’s Clearing Process, Fed Book-Entry System, Euroclear and/or DTC in the case of a creation, and through the Trust’s Clearing Process, Euroclear and/or DTC in the case of a redemption. With respect to any order for the creation or redemption of Creation Units, the Participant acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) to return to the Trust any dividend, distribution or other corporate action paid to it or to the party for which it is acting in respect of any Deposit Security that is transferred to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer should have been paid to the Trust. With respect to any orders for the creation or redemption of Creation Units, the Participant also acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) that the Transfer Agent is entitled to reduce the amount of money or other proceeds due to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer, should be paid to the Fund. With respect to any order for the creation or redemption of Creation Units, the Trust acknowledges and agrees to return to the Participant or any party for which it is acting any dividend, distribution or other corporate action paid to the Trust in respect of any Deposit Security that is transferred to the Trust that, based on the valuation of such Deposit Security at the time of transfer, should have been paid to the Participant or any party for which it is acting.

  • Submission of Orders Each person desiring to purchase Shares in the Offering will be required to complete and execute a subscription eligibility form provided by the Company to each Dealer for use in connection with the Offering (the “Eligibility Form”) and to deliver to the Dealer such completed and executed Eligibility Form together with a check or wire transfer (“instrument of payment”) in the amount of such person’s purchase, which must be at least the minimum purchase amount set forth in the Prospectus. Those persons who purchase Shares will be instructed by the Dealer to make their instruments of payment payable to or for the benefit of “Dividend Capital Diversified Property Fund Inc.” Purchase orders received and processed by the Company prior to the close of the New York Stock Exchange (generally, 4:00 p.m. Eastern time; the “close of business”) on any business day will be executed at the price per share of the class of shares being purchased calculated at the end of such business day plus, for Class A shares only, applicable selling commissions, in accordance with the procedures described in the Prospectus. Purchase orders received and processed after the close of business on any business day, or on a day that is not a business day, will be executed at the price per share of the class of shares being purchased calculated at the end of the next business day plus, for Class A shares only, applicable selling commissions, in accordance with the procedures described in the Prospectus. Subscribers may not submit an initial purchase order until at least five (5) business days after the date on which the subscriber receives a copy of the Prospectus. If the Dealer receives an Eligibility Form or instrument of payment not conforming to the foregoing instructions, the Dealer shall return such Eligibility Form and instrument of payment directly to such subscriber not later than the end of the next business day following its receipt. Eligibility Forms and instruments of payment received by the Dealer which conform to the foregoing instructions shall be transmitted for deposit pursuant to one of the methods described in this Section II. Transmittal of received investor funds will be made in accordance with the following procedures: Where, pursuant to the Dealer’s internal supervisory procedures, internal supervisory review is conducted at the same location at which Eligibility Forms and instruments of payment are received from subscribers, Eligibility Forms and instruments of payment will be transmitted by the end of the next business day following receipt by the Dealer for deposit to Dividend Capital Diversified Property Fund Inc. as set forth in the Eligibility Form or as otherwise directed by the Company. Where, pursuant to the Dealer’s internal supervisory procedures, final and internal supervisory review is conducted at a different location, Eligibility Forms and instruments of payment will be transmitted by the end of the next business day following receipt by the Dealer to the office of the Dealer conducting such final internal supervisory review (the “Final Review Office”). The Final Review Office will in turn, by the end of the next business day following receipt by the Final Review Office, transmit such Eligibility Forms and instruments of payment for deposit to Dividend Capital Diversified Property Fund Inc. as set forth in the Eligibility Form or as otherwise directed by the Company.

  • No Violation of Orders No preliminary or permanent injunction or other order issued by any court or governmental or regulatory authority, domestic or foreign, nor any statute, rule, regulation, decree or executive order promulgated or enacted by any government or governmental or regulatory authority, which declares this Agreement invalid in any respect or prevents the consummation of the transactions contemplated hereby, or which materially and adversely affects the assets, properties, operations, prospects, net income or financial condition of MYHI shall be in effect; and no action or proceeding before any court or governmental or regulatory authority, domestic or foreign, shall have been instituted or threatened by any government or governmental or regulatory authority, domestic or foreign, or by any other person or entity, which seeks to prevent or delay the consummation of the transactions contemplated by this Agreement or which challenges the validity or enforceability of this Agreement.

  • AGGREGATION OF ORDERS On occasions when the Adviser deems the purchase or sale of a security to be in the best interest of the Allocated Assets as well as other clients of the Adviser, the Adviser may to the extent permitted by applicable laws and regulations, but shall be under no obligation to, aggregate the orders for securities to be purchased or sold. In such event, allocation of the securities so purchased or sold, as well as the expenses incurred in the transaction, will be made by the Adviser in the manner the Adviser considers to be the most equitable and consistent with its fiduciary obligations to the Portfolio and to its other clients. The Manager recognizes that, in some cases, the Adviser’s allocation procedure may limit the size of the position that may be acquired or sold for the Allocated Assets.

  • Country of Origin 3.3.1 For purposes of this clause, “

  • Solicitation of Orders You will use your best efforts (but only in states in which you may lawfully do so) to obtain from investors unconditional orders for Shares authorized for issue by the Fund and registered under the 1933 Act, provided that you may in your discretion refuse to accept orders for Shares from any particular applicant.

  • Cancellation of Orders If payment for shares purchased is not received within the time customary or the time required by law for such payment, the sale may be canceled without notice or demand, and neither FTDI nor the Fund(s) shall have any responsibility or liability for such a cancellation; alternatively, at FTDI's option, the unpaid shares may be sold back to the Fund, and Bank shall be liable for any resulting loss to FTDI or to the Fund(s). FTDI shall have no liability for any check or other item returned unpaid to Bank after Bank has paid FTDI on behalf of a purchaser. FTDI may refuse to liquidate the investment unless FTDI receives the purchaser's signed authorization for the liquidation.

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