Effect of Draw Down Cancellation Sample Clauses

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Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to IFG after a Draw Down Date, the Draw Down Pricing Period for such Draw Down shall (except as provided in the proviso to the succeeding sentence) end on the Trading Day immediately preceding the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by one-twentieth (1/20) (or such other fraction based upon the agreed Draw Down Pricing Period) with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Draw Down Pricing Period; provided, however, that, except as otherwise provided in Section 2.3(e) hereof, in the event that a Draw Down Cancellation Notice is deemed delivered on the Trading Day it is received by IFG pursuant to clause (i) of the second sentence of Section 6.4(a) above, then the Investment Amount allocable to such Trading Day shall be reduced by the difference between (x) one-twentieth (1/20) of the Investment Amount (or such other fraction based upon the agreed Draw Down Pricing Period) and (y) the product of (A) one-twentieth (1/20) of the Investment Amount (or such other fraction based upon the agreed Draw Down Pricing Period), multiplied by (B) the quotient of (i) the number of hours (or portions thereof) during which the Common Stock has actually traded on the Principal Market on such Trading Day (exclusive of any halts or suspensions of trading imposed generally on the Principal Market or specifically with respect to the Common Stock) prior to the actual time on which IFG received the Draw Down Cancellation Notice (as evidenced by the time and date set forth IFG's facsimile copy thereof), divided by (ii) 6.5. Anytime a Draw Down Cancellation Notice is delivered IFG, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence and IFG shall be entitled to use the Registration Statement and related prospectus for sales of the Shares issuable with respect to such non-canceled portion of the Investment Amount.
Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall end on the Trading Day immediately preceding the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by one-fifth (1/5) with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence.
Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall (except as provided in the proviso to the succeeding sentence) end on the Trading Day immediately preceding the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by one-fifth (1/5) with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence and the Investor shall be entitled to use the Registration Statement and related prospectus for sales of the Draw Down Shares issuable with respect to such non-canceled portion of the Investment Amount.
Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall end on the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by the Daily Draw-Down Proportion with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence. Notwithstanding anything to the contrary contained in Section 6.04 or the delivery of a Draw Down Cancellation Notice under Section 6.04(a)(iv) or otherwise, the Company shall remain obligated to issue and sell to the Investor on the terms of this Agreement shares of Common Stock to satisfy any sales or similar arrangement entered into by the Investor in connection with a Draw Down Notice prior to the Draw Down Cancellation Date with respect thereto. The Investor shall promptly notify the Company in writing of the number of shares which the Company shall be obligated to deliver with respect to any Draw Down Notice that is the subject of a Draw Down Cancellation Notice.

Related to Effect of Draw Down Cancellation

  • VARIATION, CANCELLATION AND WAIVER 35.1 No addition to, variation, waiver of any right or consensual cancellation of the Agreement will be of any effect unless in writing and signed by or on behalf of both Parties.

  • Effect of Cancellation If the Student cancels the housing agreement during a semester, the Student may remain in residence until the end of the semester the cancellation was given to UCF DHRL. The Student’s cancellation fees will be determined based on the date the Student’s written or electronically reproducible notice of cancellation is received by UCF DHRL Rent for the semester the cancellation is submitted to UCF DHRL will be based upon the date the Student vacates the residence facility in compliance with move out procedures. Notwithstanding anything in this agreement, the Student is always responsible for the greater of the pro rata rent for the semester of cancellation or the cancellation fee for that semester. Residents who cancel this agreement will not be given any preference as a current or prior resident when submitting applications for future residence with UCF DHRL.

  • Cancellation Provisions A. Unless otherwise specified, this Agreement may be canceled at any time by the DSH, in writing, with thirty (30) days advance notice. If canceled, payment shall be made only for the provision of services expressly authorized by this Agreement until the date of cancellation and only at the rates set forth in Exhibit B, Budget Detail. In the case of early termination, a final payment will be made to Contractor upon receipt of an invoice covering all authorized costs, at the rates set forth in Exhibit B, incurred prior to the date of cancellation or termination. The DSH shall not be responsible for unamortized costs, overhead or capital costs or any other related costs, including but, not limited to costs incurred in connection with the cancellation of leases or contracts pertaining to facilities, equipment or supplies, labor and employee benefits costs, and expenditures incurred after the date of notice of cancellation. B. If the DSH determines that the Contractor has breached a material term of the Agreement and has not cured the breach or ended the violation within the time specified by the DSH, the DSH may terminate the contract by providing notice to the Contractor. The DSH Information Security Officer shall report as required HIPAA violations to the Secretary of the U.S. Department of Health and Human Services. C. Failure to comply with section 1 or 6 of this Exhibit, or a violation of section 12 of this Exhibit, shall be deemed a material breach of this Agreement.

  • Cancellation of Agreement In the event that prior to the Closing Date (a) trading in securities on the New York Stock Exchange generally, or in securities of the Bank in particular, shall have been suspended, or minimum prices established by the New York Stock Exchange, or any new restrictions on transactions in securities shall have been established by the New York Stock Exchange or by the Commission or by any other United States Federal or State agency or by any action of the United States Congress or by executive order to such a degree as, in your judgment as the Representatives, to affect materially and adversely the marketing of the Securities or (b) existing financial, political or economic conditions in Europe, the United States or elsewhere shall have undergone any change which, in your judgment as the Representatives, would materially and adversely affect the market for the Securities, this Agreement and all obligations of the Underwriters hereunder may be canceled at, or at any time prior to, the Closing Date by you, as the Representatives, without liability on the part of any Underwriter to the Bank or of the Bank to any Underwriter, subject to Section 11(e). Notice of such cancellation shall be given to the Bank in writing, or by cable or telephone confirmed in writing.

  • Cancellation Amendment The Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Transfer Agent reasonable opportunity to act. However, the Transfer Agent assumes no liability if the request for amendment or cancellation cannot be satisfied.