Failure Date definition

Failure Date is defined in Section 22.

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Failure Date. As defined in Section 2(b)(v).

Failure Date means the date (should it occur) that the Court's Final Judgment and Order approving this Settlement as required in Section 6 is overturned, in whole or in material part, by final, non-appealable order or ruling of this Court or another court of competent jurisdiction with authority to do so, or when any one or more of the conditions in Section 8 are not satisfied; provided that the Failure Date shall mean December 31, 2006 or such later date as may be agreed to by the Settling Parties if neither the Failure Date nor the Effective Date shall have occurred on or before such date.

Examples of Failure Date in a sentence

• Upon each Milestone Failure Date, the Warrant Price in effect on such Milestone Failure Date shall, at the election of the Registered Holder, be decreased to 115% of the VWAP for the five (5) Trading Days immediately following such Milestone Failure Date.

• With respect to each fiscal quarter ended after a Milestone Failure Date, if the cumulative Net Sales through such fiscal quarter ended exceed the cumulative Milestones such fiscal quarter, then all prior adjustments made pursuant to this paragraph (e) shall be reversed.

• If by the 15th day following the Resolution Failure Date Seller and Buyer have been unable to settle an Unresolved Dispute the obligations of Seller and Buyer in this Section 18 will terminate with respect to the Unresolved Dispute.

• At the close of business on the second Business Day after the occurrence of a Milestone Failure Date (provided the occurrence of the event described in clause (A) above has not occurred), the LOC Bank may terminate the Letter of Credit.

• If by the 15th day following the Resolution Failure Date Sears and SHO have been unable to settle an Unresolved Dispute the obligations of Sears and SHO in this Section 17 shall end with respect to the Unresolved Dispute.

• Notwithstanding the foregoing, AT&T's notice to terminate this Agreement pursuant to this Section 9.18(b) shall not be effective if, prior to the expiration of such two Business Day period, Comcast delivers a written notice pursuant to and in accordance with the second sentence of Section 9.18(c) (which notice complies with the proviso thereof), unless Comcast fails to close within 60 days of the QUIPS Failure Date, in which event AT&T shall be entitled to terminate this Agreement.

• Following the QUIPS Failure Date, AT&T and Comcast will use their commercially reasonable efforts to consummate the QUIPS Exchange.

• If by the fifteenth (15th) Business Day following the Resolution Failure Date, the Parties have been unable to settle an Unresolved Dispute, the obligations of the Parties in this Article XI shall terminate with respect to such Unresolved Dispute.

• The Bridge Bank must preserve, maintain, and store the Custodial FB Records and the Bridge FB Records in the form (e.g., electronic or paper), state, and condition and accessibility existing as of the Bank Failure Date.

• Notwithstanding the foregoing, the Closing Date shall occur no later than the date that is one hundred eighty (180) calendar days after the QUIPS Failure Date or, if on such date all conditions to the Mergers set forth in Article 10, other than conditions that by their nature are to be satisfied at the Effective Time, are not satisfied or (to the extent permissible) waived, on the earliest date after such date on which all such conditions are satisfied or (to the extent permissible) waived.

More Definitions of Failure Date

Failure Date has the meaning specified therefor in Section 2.04(b). ------------- ---------------

Failure Date shall have the meaning as set forth in Paragraph 3.5 of this Agreement.

Failure Date is defined in Section 3.7.

Failure Date shall have the meaning set forth in Section 3.4 hereof.