Failed Settlement definition
Examples of Failed Settlement in a sentence
This Agreement shall terminate upon the earliest to occur of (i) the completion of all of the releases, deliveries and disbursements provided for in Section 4 hereof, (ii) the return of all Closing Documents, funds and other documents in connection with a Failed Settlement in accordance with Section 3(g) of this Agreement or (iii) the mutual written agreement of the parties to this Agreement that this Agreement should be terminated.
Such Holder shall notify the Company as promptly as possible of the occurrence of the Failed Settlement.
Delivery of a Certificate of Adverse Change shall not result in a Failed Settlement, and Settlement shall otherwise occur as herein provided, including the delivery of the GSE Securities, the transfer of funds and the payment of all GSE Fees as contemplated herein.
Upon receipt of confirmation of the Failed Settlement from a Remarketing Agent, the Company shall purchase such Debentures for which an election is made as promptly as possible following the Failed Settlement.
In the event that a revised Settlement Statement is not agreed upon by such parties, delivery of the Settlement Statement pursuant to Section 3(a)(i) above will not have been satisfied and a Failed Settlement will be deemed to have occurred.
Upon receipt of confirmation of the Failed Settlement from the Remarketing Agent, the Company shall purchase such Securities for which an election is made as promptly as possible following the Failed Settlement.
If a Holder of Securities whose Securities were sold in a remarketing does not receive payment for such Securities (with respect to such Holder, a “Failed Settlement”), such Holder will have the right to require the Company to purchase for cash on the date of the Failed Settlement all or a portion of such Securities at the Remarketing Purchase Price.