Failure to Advance Clause Samples

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Failure to Advance. If Agent does not receive each other Lender's Pro Rata Percentage of such requested cash advance and (a) Borrower requests that Agent fund such Lender's Pro Rata Percentage of such cash advance or (b) Agent otherwise elects, in its sole discretion, without any obligation at any time to any Lender to do so, to make the requested cash advance on behalf of such Lenders or any of them, Agent shall be entitled to receive each Lender's Pro Rata Percentage of each cash advance, together with interest at a per annum rate equal to the applicable interest rate set forth herein for the applicable Loan for such advance, during the period commencing on the date such cash advance is made and ending on (but excluding) the date Agent recovers such amount. Each Lender is absolutely and unconditionally obligated, without deduction or setoff of any kind, to forward to Agent its Pro Rata Percentage of each cash advance made pursuant to the terms of this Agreement. Agent shall also be entitled to recover any and all actual losses and damages (including, without limitation, reasonable attorneys' fees) from any Lender failing to remit upon demand of Agent. Agent may set off the obligations of a Lender under this paragraph against any distributions or payments of the Obligations which Agent would otherwise make available to such Lender at any time. Notwithstanding the foregoing, Agent shall have no duty or obligation at any time for any reason to make any advance on behalf of any Lender.
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Failure to Advance. Any grievance not advanced to the next level by the grievant or union representative within the time limits provided shall be deemed withdrawn.
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Failure to Advance. The grievant’s failure to advance a grievance to the next step within the time limits shall be a voluntary abandonment of the grievance and the grievant shall not thereafter be entitled to pursue said grievance. The grievance will be deemed settled. The Department’s failure to respond within the time limits set forth shall entitle the grievant to advance the grievance to the next step. Notwithstanding the timelines contained in this grievance procedure, the parties may mutually agree in writing to extend any timeline. The extension of a timeline in any instance does not constitute a waiver of the Department’s right to enforce timelines thereafter.
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Failure to Advance. If an employee fails to file a written grievance or to appeal a grievance to the next step by the stated deadlines, then the grievance shall be considered permanently waived.
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Failure to Advance. If the Lender fails to advance, or advances an amount less than validly requested, of any Loan in accordance with the terms of this Agreement, the Borrower shall promptly notify the Lender of such shortfall in amount advanced. Lender shall advance the amount of such shortfall to the Borrower within three Business Days of the receipt of notice from the Borrower.
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Failure to Advance. Except as specifically set forth in Section 11.1(b) hereof, if Agent does not receive each other Lender’s Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of such requested cash advance, and (a) Borrower requests that Agent fund such Lender’s Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of such cash advance or (b) Agent otherwise elects, in its sole discretion, without any obligation at any time to any Lender to do so, to make the requested cash advance on behalf of such Lenders or any of them, Agent shall be entitled to receive each Lender’s Pro Rata Line Percentage or Pro Rata Cap Ex Percentage, as applicable, of each cash advance, together with interest at a per annum rate equal to the applicable interest rate set forth herein for the applicable Loan for such advance, during the period commencing on the date such cash advance is made and ending on (but excluding) the date Agent recovers such amount. Except as specifically set forth in Section 11.1(b) hereof, each Lender is absolutely and unconditionally obligated, without deduction or setoff of any kind, to forward to Agent its Pro Rata Line Percentage, or Pro Rata Cap Ex Percentage, as applicable, of each cash advance made pursuant to the terms of this Agreement. Agent shall also be entitled to recover any and all actual losses and damages (including, without limitation, reasonable attorneys’ fees) from any Lender failing to remit upon demand of Agent. Agent may set off the obligations of a Lender under this paragraph against any distributions or payments of the Obligations which Agent would otherwise make available to such Lender at any time. Notwithstanding the foregoing, Agent shall have no duty or obligation at any time for any reason to make any advance on behalf of any Lender.
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Failure to Advance. If a Shareholder (the “Non-Advancing Shareholder”) fails to advance the amount required to be advanced pursuant to a request made in accordance with Section 3.7 by 5:00 p.m. on the 30th day after receipt of the written request for the loan, then: (a) each of the other Shareholders will have the option to advance to the Company all or part of the amount which the Non-Advancing Shareholder failed to advance; (b) the Company will pay interest to a Shareholder on all amounts advanced by him pursuant to such request and pursuant to Section (a) at Prime plus three percent (3%); and (c) the Company will repay amounts advanced pursuant to such request and pursuant to Section (a), including accrued interest thereon in priority to all other Loans. For greater certainty, the failure of a Shareholder to advance funds under Section 3.7 will not be considered a Default under Section 7.1 of this Agreement.
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Failure to Advance 
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Related to Failure to Advance

  • Failure to Make Advances The failure of any Lender to make the Advance to be made by it on the date specified in Section 2.03(c) shall not relieve any other Lender of its obligation hereunder to make its Advance on such date, but no Lender shall be responsible for the failure of any other Lender to make the Advance to be made by such other Lender on such date.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Make Letter of Credit Advances The failure of any Lender to make the Letter of Credit Advance to be made by it on the date specified in Section 2.03(c) shall not relieve any other Lender of its obligation hereunder to make its Letter of Credit Advance on such date, but no Lender shall be responsible for the failure of any other Lender to make the Letter of Credit Advance to be made by such other Lender on such date.

  • Failure to Elect If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, (i) if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a Eurocurrency Borrowing denominated in Dollars having an Interest Period of one month’s duration, and (ii) if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Failure to Elect; Events of Default If the Borrower fails to deliver a timely and complete Interest Election Request with respect to a Term Benchmark Borrowing prior to the end of the Interest Period therefor, then, unless such Borrowing is repaid as provided herein, (i) if such Borrowing is denominated in Dollars, at the end of such Interest Period such Borrowing shall be converted to a Term Benchmark Borrowing of the same Class having an Interest Period of one (1) month’s duration, and (ii) if such Borrowing is denominated in a Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as an Event of Default is continuing no outstanding Term Benchmark Borrowing or RFR Borrowing denominated in a Foreign Currency may have an Interest Period of more than one (1) month’s duration.