Subsequent Deliveries. In the event that the Vendor (i) receives additional documents or information in the nature of the Property Information or receives documents that would amend or supplement the Property Information which, in each case, existed prior to the Purchaser’s Condition Date, or (ii) becomes aware of an inadvertent failure by the Vendor to provide any Property Information in accordance with Section 2.2, the Vendor shall promptly (but in no event more than two (2) Business Days after receipt or knowledge thereof) deliver the same to the Purchaser as provided in Section 2.2 (“Subsequent Property Information”) from time to time until and including up to the Purchaser’s Condition Date. In the event that any Subsequent Property Information is delivered to Purchaser after 5:00 p.m. central time on the day that is two (2) Business Days prior to Purchaser’s Condition Date, Purchaser’s Condition Date shall be extended by two (2) Business Days. In the event that any Subsequent Property Information is delivered prior to the Purchaser’s Condition Date, then the Purchaser’s sole remedy shall be to terminate this Agreement on or prior to the Purchaser’s Condition Date. If, following the Purchaser’s Condition Date, the Vendor delivers to the Purchaser any Subsequent Property Information, and such Subsequent Property Information discloses to the Purchaser information that the Purchaser was not previously aware of (“New Information”), and such New Information results in a Material Value Reduction (such New Information being “Material Adverse New Information”), then the Purchaser shall have the right to terminate this Agreement no later than three (3) full Business Days after the delivery of any such Material Adverse New Information to the Purchaser by Notice to the Vendor, in which event, if the Purchaser gives the Vendor Notice that the Purchaser exercises its right to terminate, this Agreement shall terminate, the Purchaser and the Vendor shall be released from all obligations under this Agreement (except those obligations which are stated to survive the termination of this Agreement), the Deposit and the interest earned thereon shall be returned to the Purchaser, subject to Section 2.4(b), and the Vendor shall reimburse the Purchaser for Purchaser’s Expenses, which obligations of the Vendor shall survive the termination of this Agreement. If, following the Purchaser’s Condition Date, the Vendor delivers New Information to the Purchaser which New Information does not result in a ...
Subsequent Deliveries. Unless otherwise requested by Customer, any quantities of LNG which were, under the Customer LNG Receipt Schedule, scheduled to be unloaded during the Contract Year but were actually unloaded at the Freeport Facility within the first *** days in the following Contract Year shall be, for the purposes of the Maximum LNG Reception Quantity, deemed to have been received by FLNG in the Contract Year in which such quantities were originally scheduled to be unloaded.
Subsequent Deliveries. Within ninety (90) days after December 31 in each year, commencing with December 31, 2009, the Borrowers shall deliver to the Technical Agent an Independent Reserves Report dated effective as of such December 31, and such other information as may be reasonably requested by the Technical Agent or any Lender with respect to the Hydrocarbon Interests included or to be included in the Borrowing Base. Within thirty (30) days after the Technical Agent’s receipt of such Independent Reserves Report and other information, the Technical Agent shall deliver to each Lender the Technical Agent’s recommendation for the redetermined Borrowing Base. Within ten (10) days after the Lenders’ receipt of the Technical Agent’s recommendation, the Technical Agent and the Majority Lenders shall redetermine the Borrowing Base in accordance with Section 3.4, and the Technical Agent shall promptly notify the Administrative Agent, the Borrowers and the Lenders of the amount of the Borrowing Base as so redetermined provided that if the Majority Lenders do not agree on a redetermined Borrowing Base, the lowest redetermined amount among the Lenders will prevail. If the redetermined amount is lower than the Borrowing Base existing prior to such redetermination, the Borrowing Base shall be equal to the redetermined amount one (1) Business Day after such notification. If the redetermined amount is greater than the Borrowing Base existing prior to such redetermination, the express written approval of the Supermajority Lenders shall be required before the redetermined amount may take effect, failing which the Borrowing Base shall remain the same as that existing prior to such redetermination.
Subsequent Deliveries. At each Subsequent Closing:
Subsequent Deliveries. Notwithstanding anything to the contrary in this Article 7, the parties acknowledge and agree that, due to the necessity of having the Closing occur at the earliest possible time, the Borrower may not be able to satisfy all of the conditions precedent to the Closing required by Section 7.02 prior to or at the Closing. In consideration of the Lender's willingness to close the Loan without such satisfaction, the Borrower covenants and agrees that the Borrower shall satisfy all of such conditions precedent required pursuant to Section 7.02 but not satisfied prior to or at the Closing as soon as possible following the Closing, but in any event no later than fifteen (15) Business Days thereafter, except that consummation of the Private Placement referenced in Section 7.02(e) must occur in any event no later than thirty (30) Business Days thereafter.
Subsequent Deliveries. During the first and second years following initial delivery of the Standard Code, Microsoft shall have the option, at its sole discretion, of receiving further deliveries, [*]. If Microsoft takes the first optional delivery [*] following initial delivery of the Standard Code, it shall pay PN a flat fee of twenty-five million dollars ($25,000,000). If Microsoft takes the second optional delivery, it shall pay PN a further flat fee of thirty-five million dollars ($35,000,000). Within the time periods specified, Microsoft shall decide the dates for such deliveries at its sole discretion. If such deliveries are made, then the code delivered shall be considered Standard Code for purposes of this agreement and shall be subject to all the terms of this agreement. For amounts due under this Section 3.3 [*].
Subsequent Deliveries. At the closing of a Subsequent Financing (as defined in the Equity Rights) in which the Purchasers elect to exercise their Equity Rights, the Purchasers shall be entitled to rely on any certificates of officers of the Company and legal opinion issued by counsel to the Company pursuant to such transaction, if any, to the same extent as the purchasers participating in such transaction.
Subsequent Deliveries. Any documentation or other information provided by the Vendor to the Purchaser pursuant to Section 2.2 may be amended or supplemented by the Vendor as necessary from time to time until the Due Diligence Date. In addition, if the Vendor becomes aware of a failure to provide any document or other information that it is required to provide in accordance with Section 2.2 at any time prior to the Due Diligence Date, it may advise the Purchaser in writing of such failure and deliver such information to the Purchaser at any time prior to the Due Diligence Date. If the Purchaser delivers a Satisfaction Notice pursuant to Section 2.5 prior to 5:00 p.m. on the Due Diligence Date, the Purchaser shall be deemed to have accepted for all purposes all matters which have been Disclosed to the Purchaser on or before the Due Diligence Date and if any representation or warranty of the Vendor is incorrect or inaccurate but the Purchaser has received written notice from the Vendor or its Representatives on or before the Due Diligence Date of the instrument, circumstance, action, omission, matter or issue which causes such representation or warranty to be incorrect or inaccurate, then such representation and warranty shall be deemed to have been qualified by reference to such instrument, circumstance, matter or issue.
Subsequent Deliveries. (a) Ultimate shall make subsequent deliveries of new Updates (including the Object Code and Source Code versions) in electronic format, to Ceridian concurrent with each general release of the Object Code version and/or Source Code version thereof by Ultimate, whichever should sooner occur. (b) Ultimate shall make subsequent deliveries of modified Ultimate Documentation in electronic format, concurrent with each delivery of Updates and each time that a material change is made to the Ultimate Documentation. (c) Ultimate shall make subsequent deliveries of all maintenance and enhancement releases and versions to the Third Party Software (including the Object Code and Source Code versions) to the extent Ultimate is contractually permitted to do so in electronic format, concurrent with each general release of such maintenance and enhancement release and version by the Third Party Software manufacturer. 3.3
Subsequent Deliveries. If any Previously Purchased Securities (i) mature prior to the Fund Deposit Date for which such Previously Purchased Securities were delivered or (ii) have a Coupon Payment, the Provider shall have the right, at any time on or after the maturity date of such Previously Purchased Securities or the date on which interest in respect of such Coupon Payment is received by the Paying Agent, subject to Section 2.2(b) hereof, to cause the Paying Agent to purchase from the Provider, with all or part of the proceeds from the maturity of any such Previously Purchased Securities or the interest received in respect of such Coupon Payment, Qualified Securities with a Purchase Price equal to the Maturity Amount of the Qualified Securities which have so matured or to the interest received in respect of such Coupon Payment.
