Final Delivery Date Sample Clauses

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Final Delivery Date. If Delivery shall not have occurred on or before the Final Delivery Date, each party shall have the right to terminate this Agreement, upon such termination the obligation of the Seller to sell, and of the Buyer to buy, the Aircraft shall be terminated immediately.
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Final Delivery Date. Notwithstanding anything contained in this Agreement, unless extended by Buyer, the final delivery date for the Volumes shall be sixty (60) months following the Effective Date (or such later date as determined by Buyer in its sole discretion) (the “Final Delivery Date”); provided however that in the event that Seller fails to deliver the specified amount of the Initial Prepayment Volumes or the Additional Prepayment Volumes, if applicable, by the Final Delivery Date, the Final Delivery Date shall automatically be extended ninety (90) days in to order to allow Seller to deliver any remaining volumes of the Initial Prepayment Volumes or the Additional Prepayment Volumes that are to be delivered to Buyer; provided that if all of such Initial Prepayment Volumes or Additional Prepayment Volumes, as applicable, are not delivered in such ninety (90) days, then Seller shall be in default under this Agreement.
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Final Delivery Date. If Landlord has not Tendered Possession of ------------------- the Expansion Premises to Tenant on or before the Final Delivery Date (as such date may be extended pursuant to this Section 3), then either Landlord or Tenant may terminate this Amendment in the following manner. If Landlord is entitled to terminate this Amendment, Landlord may terminate this Amendment by providing Tenant with a Termination Notice and upon Tenant's receipt of such notice, this Amendment shall terminate and neither party shall have any further obligation to the other except as provided hereunder. If Tenant is entitled to terminate this Amendment, Tenant may terminate this Amendment by providing Landlord with a Termination Notice and if Landlord has not Substantially Completed the Expansion Premises and Tendered Possession of the Expansion Premises to Tenant within fifteen (15) business days (as such fifteen (15) business day period shall be extended by Tenant Delays and Force Majeure Events) following the date of such Termination Notice, this Amendment shall terminate and neither party shall have any obligation to the other except as provided hereunder; provided, however, if Landlord Substantially Completes the Expansion Premises Work and Tenders Possession of the Expansion Premises to Tenant on or before the expiration of such fifteen (15) business day period (as extended by Tenant Delays and Force Majeure Events), Tenant's Termination Notice shall be null and void and this Amendment shall continue in full force and effect. Any termination of this Amendment shall not subject the Landlord to any liability therefor, except as expressly provided herein, nor shall such cancellation affect the validity of the Lease or the obligations of the Tenant thereunder or extend the term of the Lease; provided, however, in the event of the termination of this Amendment by Tenant or Landlord as provided herein, Landlord shall be obligated to reimburse Tenant for Tenant's actual expenses for Tenant's Expansion Premises Work completed to the date of termination. The reimbursed expenses shall not include expenditures for work particular to Tenant's specific business operations, for example, and not by way of limitation, site preparation by Tenant for its particular manufacturing equipment. Notwithstanding the foregoing, in recognition of the parties' intent to cooperate to successfully achieve the Expansion Premises Commencement Date, in the event Landlord or Tenant elects to terminate as provide...
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Final Delivery Date. All principal, interest and other sums owed on the Construction Advance Loan will be due and payable in full on the Final Delivery Date. The Construction Advance Loan will be deemed paid and the Construction Letter of Credit will be returned to the Construction Lender upon either the (a) delivery of the Permanent Mortgage Loan pursuant to the Forward Commitment or (b), payment by (i) the Construction Lender of all amounts due and owing under the Construction Advance Loan, including payment effected by application of amounts previously drawn by ▇▇▇▇▇▇ ▇▇▇ under the Construction Letter of Credit in accordance with the terms of this Agreement, and (ii) the Borrower of any Delivery Assurance Fee, any outstanding obligations under the Delivery Assurance Note, and any forward commitment fees that may be due under the DUS Guide with respect to the Project.
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Related to Final Delivery Date

  • Additional Deliveries (i) To Agent, upon its request, and in any event no less frequently than five (5) Business Days after the end of each Fiscal Month (together with a copy of any of the following reports requested by Agent in writing after the Closing Date), Borrower will deliver each of the following reports, each of which shall be prepared by Borrower as of the last day of the immediately preceding Fiscal Month or the date 2 days prior to the date of any such request: (A) a Borrowing Base Certificate with respect to Credit Parties, accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion (in substantially the same form as Exhibit 4.2(d) (a “Borrowing Base Certificate”) as of the last day of such period (it being understood and agreed that, at its option, Borrower may deliver the Borrowing Base Certificate and such supporting detail and documentation more frequently than on a monthly basis, but not more frequently than on a weekly basis, it being further understood and agreed that, for any period during the first 6 months following the Closing Date, Borrower shall have the option of delivering an incomplete Borrowing Base Certificate, in which case, no deliveries will be required under Sections 4.2(d)(i)(B), 4.2(d)(i)(C) and 4.2(d)(iii)(A) through 4.2(d)(iii)(E) and the amount of the Borrowing Base for that period shall be deemed to be zero, provided that, once Borrower has delivered a completed Borrowing Base certificate this option shall no longer be available); (B) with respect to Credit Parties, a summary of Inventory by location and type with a supporting perpetual Inventory report and a slow-moving Inventory report, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; and (C) with respect to Credit Parties, a monthly trial balance showing Accounts outstanding aged from invoice date as follows: 1 to 30 days, 31 to 60 days, 61 to 90 days and 91 days or more, accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion. (ii) To Agent, if requested by Agent in connection with or following the delivery of a Borrowing Base Certificate, collateral reports with respect to Credit Parties, including all additions and reductions (cash and non-cash) with respect to Accounts of Credit Parties, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion each of which shall be prepared by the Borrower as of the last day of the immediately preceding week or the date 2 days prior to the date of any request; (iii) To Agent, no later than the tenth (10th) Business Day after the end of each Fiscal Month and at the time of the delivery of each quarterly Financial Statements pursuant to this Section 4.2, as the case may be: (A) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the most recent Borrowing Base, general ledger and month-end Inventory reports of Credit Parties to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the most recent Borrowing Base, general ledger and month-end Inventory reports of Credit Parties to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (B) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the perpetual inventory by location to Credit Parties’ most recent Borrowing Base Certificate and general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the perpetual inventory by location to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (C) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, an aging of accounts payable and a reconciliation of that accounts payable aging to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, an aging of accounts payable and a reconciliation of that accounts payable aging to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (D) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the outstanding Loans as set forth in the monthly Loan Account statement provided by Agent to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the outstanding Loans as set forth in the monthly Loan Account statement provided by Agent to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (E) no later than the tenth (10th) Business Day after the end of each Fiscal Month, supporting detail and documentation satisfactory to Agent in its reasonable discretion relating to (i) the current and historical performance of Eligible Remnant Inventory and (ii) credit memos issued with respect to the Credit Memo Chargeback Accounts; (F) together with each delivery of the quarterly Financial Statements, a summary of the outstanding balance of all intercompany loans owing by Borrower and owing by each Guarantor as of the last day of the applicable Fiscal Quarter; (G) together with each delivery of the quarterly Financial Statements, a summary of the license royalty payments owing by each Credit Party as of the last day of the applicable Fiscal Quarter with respect to material contracts listed in clauses (i), (ii), (iii) and (iv) of Section 3.19, and a certificate that, to the Borrower’s knowledge, no default exists with respect to each such contract; and (H) together with each delivery of the quarterly Financial Statements, a listing of each transaction with an Affiliate permitted pursuant to Section 3.8 hereto which involves payments or assets of greater than $1,000,000; (iv) on the Closing Date and together with each delivery of the annual Financial Statements, and more frequently at any time there is a material increase in any rent or any storage, processing, freight or shipping charge, with respect to each leased, warehouse, processor or converter facility or other location where Collateral of any Credit Party is stored or located (in each case where Collateral of any Credit Party with a fair market value of greater than $50,000 is stored or located) (w) a schedule of rents showing the monthly rent due or other monthly charges due, (x) a schedule of accrued and unpaid storage and/or processing charges for the storage and/or processing of goods, (y) a schedule of accrued and unpaid charges of freight carrier or shipping company charges for the transportation of goods and (z) a certificate that, to the Borrower’s knowledge, no default exists with respect to each applicable agreement with such landlord, processor, bailee or freight carrier or shipping company; (v) To Agent, at the time of delivery of each of the annual Financial Statements delivered pursuant to this Section 4.2, (i) a listing of government contracts of each Credit Party subject to the Financial Administration Act (Canada); and (ii) a list of any applications for the registration of any Patent, Trademark or Copyright filed by any Credit Party with the Canadian Patent and Trademark Office, the Canadian Copyright Office or any similar office or agency in the prior Fiscal Year.

  • Physical Delivery All notices must be in writing, except as provided in § 21.2. Any document, including a signed 234 document or notice, delivered to the other party to this Buyer Listing Contract, is effective upon physical receipt. Delivery to 235 Buyer is effective when physically received by ▇▇▇▇▇, any signator on behalf of ▇▇▇▇▇, any named individual of Buyer or 236 representative of Buyer.

  • SPECIAL DELIVERY INSTRUCTIONS All shipments will be FOB destination (as specified on Ordering Entity Purchase Order).

  • Material Delivery Within 60 days after award date, Purchaser shall provide Forest Service a written schedule showing the desired delivery dates of any material to be supplied by Forest Service. With reasonable notice, schedule may be amended by agreement. Forest Service agrees to make delivery within

  • Personal Delivery When personally delivered to the recipient, notice is effective upon delivery.