Order Procedures Clause Samples
Order Procedures. Orders for purchase and redemption will be executed at the net asset value next computed after receipt by the Trust or its designee of such order. For purposes of this Section 2.13, the Company shall be the designee of the Trust for receipt of purchase and redemption orders from the Account and receipt by such designee shall constitute receipt by the Trust; provided that the Company complies with all applicable DTCC rules and procedures. The Company shall communicate to the Trust, by Fund/SERV, the purchase orders and redemption orders for each Account received by 4:00 p.m. Eastern time on Day 1 by no later than the NSCC's Defined Contribution Clearance & Settlement ("DCC&S") Cycle 8 on the following Business Day ("Day 2"). For the avoidance of doubt, orders received in proper form by the Company after the close of trading (currently 4:00 p.m. Eastern Time or such earlier time at which the applicable Portfolio closes) on any given Business Day shall be treated as if received on the next following Business Day.
Order Procedures. (a) Each time Newpark desires to place an order for Products, Newpark shall deliver to Manufacturer a purchase order (the "Purchase Order") which shall designate:
(i) The items, quantities, delivery dates (based on reasonable lead times), shipping instructions and product specifications for the Products subject to the Purchase Order;
(ii) The unit price at which Newpark is able to obtain the Products from a third party manufacturer (which shall be the unit price at which Manufacturer will be required to sell the applicable Products to Newpark if Manufacturer accepts the Purchase Order); and
(iii) The applicable product warranties, which shall be equivalent to the product warranties offered to Newpark by a third party manufacturer. Within five business days of its receipt of a Purchase Order, Manufacturer shall notify Newpark in writing whether it accepts or rejects the Purchase Order. Manufacturer shall be under no obligation to accept any particular Purchase Order. The terms and conditions applicable to each Purchase Order shall be as set forth in the original Purchase Order submitted by Newpark and as otherwise agreed upon by Newpark and Manufacturer at the time of acceptance of each Purchase Order. Any such additional terms and conditions shall be deemed to be incorporated in and to be a part of the applicable Purchase Order.
(b) If Manufacturer accepts a Purchase Order, Manufacturer shall manufacture, sell and deliver the Products subject thereto in accordance with the terms and conditions of the Purchase Order, including, without limitation, the provisions thereof relating to purchase price, payment terms and delivery dates. Manufacturer may contract with any other person (a "Subcontractor") for the manufacture of the Products subject to a Purchase Order provided that the Subcontractor meets all standards and fulfills all obligations imposed on Manufacturer with respect to the manufacture of such Products, whether pursuant to this Agreement or the applicable Purchase Order. If Manufacturer utilizes the services of a Subcontractor, Manufacturer shall be responsible for overseeing the operations of the Subcontractor and for the compliance by the Subcontractor with all applicable requirements of the Purchase Order and this Agreement.
(c) If Manufacturer rejects a Purchase Order, or if Manufacturer fails to accept the Purchase Order in writing within five days of its receipt thereof, or if Manufacturer otherwise is unable or unwilling to fill the Purchase...
Order Procedures. (a) Schedule 5.1(a) sets forth the procedure agreed to by the Parties for the purchases to be made under this Agreement.
(b) In the event of any inconsistency between the terms and conditions contained in this Agreement and the terms and conditions of any Order Document or other written agreement executed by the Parties, the terms of this Agreement shall prevail unless such Order Document or other written agreement expressly purports to modify such terms.
(c) Except as otherwise provided for in Sections 2.4 and 4.3 - 4.5, only an Order Document duly executed by Mirror and accepted by Supplier as provided in this Article V shall constitute a firm commitment or obligation to purchase on the part of Mirror and a firm commitment to supply or provide the subject Equipment or Services on the part of Supplier.
Order Procedures. 3.1 Imtec will place an initial order within fourteen (14) days of this Agreement being signed. This order shall be for five hundred (500) units of product to be delivered to a schedule defined by the order, but in any case within fifteen (15) months of the formal acceptance by Imtec of the Mark ▇ ▇ersion of the SLC 436. This order quantity and delivery schedule shall be dependent on the specification, performance and manufacturing quality of the Mark ▇
Order Procedures. The procedures for the sale of Shares in the Surplus Note Exchange Offering shall be as provided in the Prospectus. Each investor desiring to purchase Shares in the Subscription Offering or Community Offering who is an eligible policyholder, an officer or director, or another person with subscription rights or who is given priority for purchases of Shares under the Prospectus shall be required to deliver to the Holding Company on or before the Closing a signed order form (in a form acceptable to you and the Holding Company). Order forms will only be distributed with a Prospectus. Other investors who shall be members of the general public purchasing in the Community Offering with customer accounts with the Sales Agent shall not be required to submit an order form. The Holding Company and the Sales Agent shall comply with the Prospectus delivery requirements under the Act and the Securities and Exchange Act of 1934, as amended (the "Exchange Act"). Investors desiring to purchase Shares shall also be required to submit payment for each Share subscribed for at the time they submit an order form or at such other times as are described in the Prospectus. Photocopies of all order forms received by the Holding Company shall be provided to the Sales Agent within 2 business days of receipt of such order forms by the Holding Company. The Holding Company shall have the right to reject any order for Shares in whole or in part. The Sales Agent shall also have the right to reject or cancel any order for Shares in whole or in part if it is prohibited by applicable law, regulation, or NASD rule from making such sale.
Order Procedures. 3.1 All purchase orders shall be sent in writing and shall be fulfilled with the correct wording to enable the correct understanding of the product needed and the service required. Any verbal order or order communicated by phone will be rejected.
Order Procedures. The Parties anticipate that the following forecasting and ordering procedures may be updated by written agreement of the Parties no later than [***].
Order Procedures. 3.1 This order quantity and delivery schedule shall be dependent on the specification, performance and manufacturing quality of the Mark ▇ *THIS ITEM HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION FOR CONFIDENTIAL TREATMENT.
Order Procedures. Avoid unnecessarily prescriptive provisions. Avoid obligations to purchase minimum volumes unless this is required to reflect the nature of the intended commercial relationship.
Order Procedures a. Company and EMD shall mutually determine all quantities of Records to be manufactured hereunder. All orders for Records shall be evidenced by a written purchase order or fax, signed by an authorized representative of each of Company and EMD. Orders must include all information necessary to properly identify the product to be manufactured, including artist, title, catalog number, configuration, quantity, special handling or special items requested by Company and desired delivery date.
b. Prior to manufacture, an order must be Workable. A "Workable" order is an order for which all of the necessary items to be furnished by Company (such as Masters, Components and similar materials) have been received by EMD. Subject to the continuing availability of sufficient quantities of Components, EMD shall use reasonable efforts to make finished goods Records available no later than the following time periods from and after the close of business on the date on which the order becomes Workable: ten (10) business days in the case of new orders; and five