Failure to Exercise definition

Failure to Exercise means the expiration of the Call Period without Monsanto Canada exercising the Call Option.
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Failure to Exercise shall have the meaning set forth in the Option Agreement.
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Examples of Failure to Exercise in a sentence

  • Delays or Failure to Exercise Rights: No partial performance, delay or failure on the part of Tomorrow Energy in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.

  • Delays or Failure to Exercise Rights: No partial performance, dela or failure on the part of Tomorrow Energy in exercising any right under this Agreement shall constitute a waiver of such rights or an other rights hereunder.

  • This Rule 526(a) shall not be construed to prevent a Participant from assuming or sharing in the losses resulting from an error or the mishandling of an Order.(b) Liability for a Failure to Exercise Due Diligence.

  • Failure to Exercise Rights Shall Not Operate as a Waiver; No Suspension of Remedies.

  • Delays or Failure to Exercise Rights: No partial performance, delay or failure on the part of Tomorrow Energy in exercising any rights under this Agreement shall constitute a waiver of such rights or any other rights hereunder.

  • Subject to the terms, conditions, exclusions and limitations of this policy, coverage is limited to liability for only those claims that are first made against you and reported to us in writing after the retroactive date and during the policy period or any optional extended reporting period, if exercised by you.This is a “defense within limits” policy with claim expenses included within the Limit of Liability.

  • Failure to Exercise COEP's rightsAny omission on the part of COEP at any time to exercise any of its rights under the terms of the catering arrangements shall in no way impair or affect the validity of the terms and the rights of COEP to enforce its rights at any time subsequently.

  • Failure to Exercise Rights No delay in exercising, or omission to exercise, any right, power or remedy accruing to any party under any Legal Agreement upon any default shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence in such default.

  • Failure to Exercise Rights Shall Not Operate as a Waiver; No Suspension of Remedies.......

  • On 3 December 2007 MEMR issued a “ Notification for Resumed Operations Under Contract No. 954 of May 27, 2002 and On the Failure to Exercise Provisions under Contract No. 954 of May 27, 2002” (C-14; Respondent’s translation is “Notice of breach of obligations Under Contract No. 954 dated May 27, 2002”) in which it informed CIOC that, according to the 3rd quarter report data, CIOC was in breach of its obligations under the Contract.

Related to Failure to Exercise

  • Election to Exercise shall have the meaning ascribed thereto in Clause 2.2(d)(ii);

  • Broker Exercise Notice means a written notice pursuant to which a Participant, upon exercise of an Option, irrevocably instructs a broker or dealer to sell a sufficient number of shares or loan a sufficient amount of money to pay all or a portion of the exercise price of the Option and/or any related withholding tax obligations and remit such sums to the Company and directs the Company to deliver stock certificates to be issued upon such exercise directly to such broker or dealer.

  • Notice of Exercise means a notice in writing addressed to the Company at its address first recited, which notice shall specify therein the number of Optioned Shares in respect of which the Option is being exercised;

  • Stock Tender Exercise means a Stock Tender Exercise as defined in Section 6.3(b)(ii).

  • Exercise Form means an Exercise Form in the form annexed hereto as Exhibit A.

  • Exercise means a Holder’s right to exercise the Securities, in accordance with Product Condition 3;

  • SAR Exercise Price means the per share exercise price of a SAR granted to a Grantee under Section 9 hereof.

  • Sponsor Exercise Fair Market Value means the average last reported sale price of the Ordinary Shares for the ten (10) trading days ending on the third (3rd) trading day prior to the date on which notice of exercise of the Private Placement Warrant is sent to the Warrant Agent;

  • Net Exercise means a Net Exercise as defined in Section 6.3(b)(iii).

  • Date of Exercise means the date on which the Company shall have received (i) this Warrant (or any New Warrant, as applicable), with the Form of Election to Purchase attached hereto (or attached to such New Warrant) appropriately completed and duly signed, and (ii) payment of the Exercise Price for the number of Warrant Shares so indicated by the holder hereof to be purchased.

  • Make-Whole Exercise Solely for purposes of this Section 6.2, the “Redemption Fair Market Value” shall mean the volume weighted average price of the Ordinary Shares for the ten (10) trading days immediately following the date on which notice of redemption pursuant to this Section 6.2 is sent to the Registered Holders. In connection with any redemption pursuant to this Section 6.2, the Company shall provide the Registered Holders with the Redemption Fair Market Value no later than one (1) Business Day after the ten (10) trading day period described above ends. Redemption Date Redemption Fair Market Value of Class A ordinary shares (period to expiration of warrants) <10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 >18.00 60 months 0.261 0.280 0.297 0.311 0.324 0.337 0.348 0.358 0.361 57 months 0.257 0.277 0.294 0.310 0.324 0.337 0.348 0.358 0.361 54 months 0.252 0.272 0.291 0.307 0.322 0.335 0.347 0.357 0.361 51 months 0.246 0.268 0.287 0.304 0.320 0.333 0.346 0.357 0.361 48 months 0.241 0.263 0.283 0.301 0.317 0.332 0.344 0.356 0.361 45 months 0.235 0.258 0.279 0.298 0.315 0.330 0.343 0.356 0.361 42 months 0.228 0.252 0.274 0.294 0.312 0.328 0.342 0.355 0.361 39 months 0.221 0.246 0.269 0.290 0.309 0.325 0.340 0.354 0.361 36 months 0.213 0.239 0.263 0.285 0.305 0.323 0.339 0.353 0.361 33 months 0.205 0.232 0.257 0.280 0.301 0.320 0.337 0.352 0.361 30 months 0.196 0.224 0.250 0.274 0.297 0.316 0.335 0.351 0.361 27 months 0.185 0.214 0.242 0.268 0.291 0.313 0.332 0.350 0.361 24 months 0.173 0.204 0.233 0.260 0.285 0.308 0.329 0.348 0.361 21 months 0.161 0.193 0.223 0.252 0.279 0.304 0.326 0.347 0.361 18 months 0.146 0.179 0.211 0.242 0.271 0.298 0.322 0.345 0.361 15 months 0.130 0.164 0.197 0.230 0.262 0.291 0.317 0.342 0.361 12 months 0.111 0.146 0.181 0.216 0.250 0.282 0.312 0.339 0.361 9 months 0.090 0.125 0.162 0.199 0.237 0.272 0.305 0.336 0.361 6 months 0.065 0.099 0.137 0.178 0.219 0.259 0.296 0.331 0.361 3 months 0.034 0.065 0.104 0.150 0.197 0.243 0.286 0.326 0.361 0 months — — 0.042 0.115 0.179 0.233 0.281 0.323 0.361 The exact Redemption Fair Market Value and Redemption Date may not be set forth in the table above, in which case, if the Redemption Fair Market Value is between two values in the table or the Redemption Date is between two redemption dates in the table, the number of Ordinary Shares to be issued for each Warrant exercised in a Make-Whole Exercise will be determined by a straight-line interpolation between the number of shares set forth for the higher and lower Redemption Fair Market Values and the earlier and later redemption dates, as applicable, based on a 365- or 366-day year, as applicable. The share prices set forth in the column headings of the table above shall be adjusted as of any date on which the number of shares issuable upon exercise of a Warrant or the Warrant Price is adjusted pursuant to Section 4 hereof. In the event of a Warrant Price adjustment pursuant to Section 4.3, the adjusted share prices in the column headings shall equal the share prices immediately such adjustment, multiplied by a fraction, the numerator of which is the Warrant Price after such adjustment and the denominator of which is the Warrant Price immediately after such adjustment. In such an event, the number of shares in the table above shall be adjusted by multiplying such share amounts by a fraction, the numerator of which is the number of shares deliverable upon exercise of a Warrant immediately prior to such adjustment and the denominator of which is the number of shares deliverable upon exercise of a Warrant as so adjusted. If the Warrant Price is adjusted pursuant to Section 4.4, the adjusted share prices set forth in the column headings of the table above shall be multiplied by a fraction, the numerator of which is the higher of the Market Value and the Newly Issued Price and the denominator of which is $10.00. In no event will the number of shares issued in connection with a Make-Whole Exercise exceed 0.361 Ordinary Shares per Warrant (subject to adjustment).

  • Minimum Exercise Amount means the Minimum Exercise Amount as specified in § 1 of the Product and Underlying Data.

  • Cash Exercise with respect to Warrant Shares; and/or

  • Exercise Notice has the meaning set forth in Section 3.2(1);

  • Exercise Event shall have the meaning ascribed to such term in Section 2(c).

  • Demand Exercise Notice has the meaning set forth in Section 2.1(a).

  • Warrant Exercise Period shall commence (subject to Section 6(d) below), on the later of:

  • Option Exercise Notice has the meaning set forth in Section 2.4(c).

  • Option to Extend has the meaning given that term in Section 2.13.

  • Exercise Amount has the meaning set forth in Section 2(a).

  • Warrant Exercise Price means $0.04 per share.

  • Notice of Prepayment has the meaning assigned thereto in Section 2.4(c).

  • Exercise Right means the Exercise Right as specified in § 3 (1) of the Special Conditions.

  • Acceleration Right means the Participant’s right, in certain circumstances, to exercise its outstanding Option as to all or any of the Common Shares in respect of which such Option has not previously been exercised and which the Participant is entitled to exercise, including in respect of Common Shares not otherwise vested at such time;

  • Conversion Right has the meaning set forth in Section 4.05(a) hereof.

  • Face-to-face means an encounter between Client and provider where they are both physically present.