Failing Party has the meaning set forth in Section 31.01 for use in that Section.

Failing Party has the meaning set forth in Section 2.3(h) of this Agreement. “[*].

Failing Party shall have the meaning defined in art. XIII.H of this Agreement.

Examples of Failing Party in a sentence

Proxies associated with peer-reviewed papers like this are highlighted in purple in the CPI and proxy spreadsheet.
Fund A, Fund B, and Fund C would each be considered to be a distinct Failing Party.
The transactions executed on Fund E’s behalf by Asset Manager 5, Asset Manager 6, and Asset Manager 7 would each be considered to be transactions entered into by Securities Dealer LLC with a distinct Failing Party.
Furthermore, in any such transaction, any failure by the Borrower to transfer Loaned Securities to the Lender by the Cutoff Time on the termination date of the Loan constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the termination date of the Loan, the Failing Party is the Borrower, the Non-Failing Party is the Lender and the Trade Proceeds are the Market Value on the date such Delivery Failure began of the Collateral for the Loan.
In respect of any cash market transaction in which the securities agreed to be sold are Agency Debt or Agency MBS and to which this Trading Practice applies, any failure by the seller to transfer those securities to the buyer by the scheduled settlement date constitutes a Delivery Failure, and in such event the Contractual Settlement Date is the scheduled settlement date, the Failing Party is the seller, the Non-Failing Party is the buyer and the Trade Proceeds are the purchase price for those securities.

More Definitions of Failing Party

Failing Party. The term "Failing Party" is defined in SECTION 25(f)(ii).

Failing Party has the meaning specified in Section 7.2.

Failing Party means the Party that fails to comply with the obligations set out in this clause ‎25;

Failing Party means the Party that fails to comply with the obligations set out in this clause33;

Failing Party has the meaning set forth in Section 8.02(b).

Failing Party has the meaning set out in Clause 9.6(a) Fairly Disclosed means disclosed to the Purchaser or its ultimate parent company Integrated Device Technology, Inc. (i) in writing within this Agreement (including the Schedules thereto) or (ii) in the Electronic Data Room, each in a conspicuous way that would enable a reasonable professional purchaser given the nature and context of the disclosure to become aware of the nature of the possible implications of such disclosure on the Company. 2813477 SV\1613529.24

Failing Party means the Party that fails to comply with the obligations set out in this clause ‎33;