Subsequent Failure definition

Subsequent Failure. As defined in Section 5.02(b) hereof.
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Subsequent Failure has the meaning set forth in Schedule 5.5(b).
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Examples of Subsequent Failure in a sentence

  • The Google Consent Order and the FTC’s Subsequent Failure to Enforce Consent Orders In 2011, we also had also obtained a significant consent order at the FTC against Google after the disastrous roll-out of Google “Buzz.” In that case, the FTC established a consent order after Google tried to enroll Gmail users into a social networking service without meaningful consent.

  • Failure to maintain Insurance is Condition Subsequent: Failure to maintain all such insurance in effect at all times during the term of any Lease or Permit shall be material breach of the Lease or Permit by the Tenant and cause for termination of the Lease or Permit.

  • Subsequent Failure Where a charitable trust has been established and a subsequent failure occurs, the trustee is usually obliged by force of law to initiate assistance from the state to alter its purpose and overcome the failure.

  • Positive Cultures during Reimplantation Increase the Risk of Subsequent Failure in Two-Stage Exchange Arthroplasty - Timothy L.

  • Subsequent Failure: Per the Regulation for Officer Development, Midshipmen who fail the physical fitness standards outlined in these regulations twice in a period of three years, shall be automatically processed for disenrollment.

  • Third and Subsequent Failure to Comply – If the responsible person had two or more prior occurrences of failure to comply within 12 months of the incident, the monetary penalty is $2,500.

  • The previous grade of "D" or "F" will not be included when calculating the AGPA, but will be retained on the student's permanent record.• Subsequent Failure in Retaken Courses: If the course is a core one, the student shall retake the course until successful completion.

  • The previous grade of “D” or “F” will not be included when calculation the AGPA, but will be retained on the student’s permanent record.• Subsequent Failure in Retaken Courses: If the course is a core one, the student shall retake the course until successful completion.

  • Subsequent Failure: Per the Regulation for Officer Development, Midshipmen who fail the physical fitness standards outlined in theseregulations twice in a period of three years, shall be automatically processed for disenrollment.

  • The Contractor shall in respect of each Performance Failure record the relevant Deduction Category on the ISMS, and, if applicable, identify if it is a Second Failure, Third Failure, Fourth Failure or Subsequent Failure (as such failures are determined in accordance with paragraph1.8.4).

Related to Subsequent Failure

  • MI Failure means when an MI report: a) contains any material errors or material omissions or a missing mandatory field; or b) is submitted using an incorrect MI reporting Template; or c) is not submitted by the reporting date(including where a Nil Return should have been filed);

  • GEP Failure means Seller’s failure to produce Delivered Energy in an amount equal to or greater than the Guaranteed Energy Production amount for the applicable Performance Measurement Period.

  • Transaction Failure means the failure to consummate a Business Combination within 18 months of the Effective Date (or 24 months after the Effective Date, if a letter of intent, agreement in principle or definitive agreement has been executed within 18 months after the Effective Date and the Business Combination relating thereto has not yet been consummated within such 18-month period).

  • Price Failure means, with respect to a particular date of determination, the VWAP of the Common Stock on any Trading Day during the seven (7) Trading Day period ending on the Trading Day immediately preceding such date of determination fails to exceed the Floor Price (as adjusted for stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions occurring after the date hereof). All such determinations to be appropriately adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions during any such measuring period.

  • Milestone Failure means a failure by the Grant Recipient fully to achieve any Milestone by the relevant Milestone Date;

  • Registration Failure means that (A) the Company fails to file with the SEC on or before the Filing Deadline (as defined in the Registration Rights Agreement) any Registration Statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement, (B) the Company fails to use its best efforts to obtain effectiveness with the SEC, prior to the Registration Deadline (as defined in the Registration Rights Agreement), of any Registration Statement (as defined in the Registration Rights Agreement) that is required to be filed pursuant to Section 2(a) of the Registration Rights Agreement, or fails to use its best efforts to keep each such Registration Statement current and effective as required in Section 3 of the Registration Rights Agreement, (C) the Company fails to file any additional Registration Statement required to be filed pursuant to Section 2(a)(ii) of the Registration Rights Agreement on or before the Additional Filing Deadline or fails to use its best efforts to cause such additional Registration Statement to become effective on or before the Additional Registration Deadline, (D) the Company fails to file any amendment to any Registration Statement, or any additional Registration Statement required to be filed pursuant to Section 3(b) of the Registration Rights Agreement within thirty (30) days of the applicable Registration Trigger Date (as defined in the Registration Rights Agreement), or fails to use its best efforts to cause such amendment and/or new Registration Statement to become effective within ninety (90) days of the applicable Registration Trigger Date, (E) any Registration Statement required to be filed under the Registration Rights Agreement, after its initial effectiveness and during the Registration Period (as defined in the Registration Rights Agreement), lapses in effect or sales of all of the Registrable Securities (as defined in the Registration Rights Agreement) cannot otherwise be made thereunder (whether by reason of the Company’s failure to amend or supplement the prospectus included therein in accordance with the Registration Rights Agreement, the Company’s failure to file and use its best efforts to obtain effectiveness with the SEC of an additional Registration Statement or amended Registration Statement required pursuant to Sections 2(a)(ii) or 3(b) of the Registration Rights Agreement, as applicable, or otherwise), or (F) the Company fails to provide a commercially reasonable written response to any comments to any Registration Statement submitted by the SEC within twenty five (25) days of the date that such SEC comments are received by the Company.

  • Volume Failure means, with respect to a particular date of determination, the aggregate daily dollar trading volume (as reported on Bloomberg) of the Common Stock on the Principal Market on any Trading Day during the twenty (20) Trading Day period ending on the Trading Day immediately preceding such date of determination (such period, the “Volume Failure Measuring Period”), is less than $2,000,000 (as adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions occurring after the Subscription Date). All such determinations to be appropriately adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions during such Volume Failure Measuring Period.

  • Transaction Failure Date means the 18-month anniversary of the Effective Date (or the 24 month anniversary of the Effective Date, if a letter of intent, agreement in principle or definitive agreement has been executed within 18 months after the Effective Date and the Business Combination relating thereto has not yet been consummated within such 18-month period).

  • Consistent Failure means any of:

  • Listing Failure Event means that:

  • Equity Conditions Failure means that on any applicable date the Equity Conditions have not been satisfied (or waived in writing by the Holder).

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Listing Failure means the situation where the Bonds have not been listed on the corporate bond list of Nasdaq Stockholm (or any other Regulated Market) within sixty (60) calendar days after the Issue Date.

  • Supply Failure has the meaning given to it in Section 7.5.2 (Supply Failure).

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Service Failure means a failure by the Contractor to provide the Services in accordance with any individual service level described above (measured on a monthly/quarterly/annual basis)

  • Reporting Failure has the meaning set forth in Section 2.4.

  • Event Date shall have the meaning set forth in Section 2(d).

  • Trigger Event Date means a date on which a Trigger Event has occurred as determined by the Calculation Agent.

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.

  • Private event means a social gathering or event attended

  • Notice Event means any of the events enumerated in paragraph (b)(5)(i)(C) of the Rule and listed in Section 4(a) of this Disclosure Agreement.

  • Service Level Failure means a failure to perform the Software Support Services fully in compliance with the Support Service Level Requirements.

  • Allowed Delay has the meaning set forth in Section 2(c)(ii).

  • Conversion Event means the cessation of use of (i) a Foreign Currency both by the government of the country which issued such currency and for the settlement of transactions by a central bank or other public institutions of or within the international banking community, (ii) the ECU both within the European Monetary System and for the settlement of transactions by public institutions of or within the European Communities or (iii) any currency unit (or composite currency) other than the ECU for the purposes for which it was established.