Request for Security Sample Clauses

A Request for Security clause allows one party to require the other party to provide financial assurance, such as a bond, guarantee, or deposit, to secure the performance of contractual obligations. Typically, this clause is invoked if there are concerns about a party’s ability to fulfill its commitments, for example, if there are signs of financial instability or default. Its core practical function is to mitigate the risk of non-performance by ensuring that funds or guarantees are available to cover potential losses, thereby protecting the requesting party’s interests.
Request for Security. SunWater may request the provision of security if: (a) the Customer commits a breach nominated in either of clause 12.2(a), (b), (c) or
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Request for Security. ROL Holder may request the provision of security if: (a) the Customer commits a breach nominated in either of clause 14.2(a)(i), 14.2(a)(ii), 14.2(a)(iii) and 14.2(a)(v) of this Agreement, whether ROL Holder has given a direction or not; or (b) ROL Holder is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement.
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Request for Security. (a) The Scheme Owner may request the provision of Security if: (i) (breach): the Customer commits a breach nominated in any of clause 13.2(a)(i), 13.2(a)(ii), 13.2(a)(iii) or 13.2(a)(v), whether the Scheme Owner has given a direction or not; or (ii) (financial capacity): the Scheme Owner is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement; or (iii) (initial customers on the LMA Start Date): this Agreement arose pursuant to section 738I(5) of the Water Act and as at immediately before the LMA Start Date, the Customer: (A) is the holder of a water allocation to whom water was supplied under the Resource Operations Licence immediately before the LMA Start Date; and (B) provided security in connection with a Customer’s Bulk Water Contract (including a contract for bundled bulk and distribution services between the Customer and the holder of a Resource Operations Licence which is in place as at immediately before the LMA Start Date) (Pre-LMA Start Date Contract Security), subject, in the case of a request under this clause 26.1(a)(iii), to the restrictions in clause 26.1(b); (iv) (new water allocation after the LMA Start Date): this Agreement arose pursuant to section 738I(7) of the Water Act and the Scheme Owner is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement; or (v) (lease or transfer of water allocation): this Agreement arose pursuant to section 738I(9) of the Water Act and the Scheme Owner is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement. (b) The Scheme Owner may not request the provision of Security under clause 26.1(a)(iii) unless: (i) the type of Security requested under clause 26.1(a)(iii) is the same as the type of the Pre-LMA Start Date Contract Security (or the Customer and the Scheme Owner agree that a different type of security may be requested);
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Request for Security. In accordance with s.149 of the Water Act, Seqwater may require the Customer to provide reasonable security for supplying and storing the Customer's Allocation. Without limiting its rights under s.149 of the Water Act, Seqwater may request security from the Customer, in the following circumstances: (a) if the Customer commits a material breach of this Agreement; or (b) Seqwater is not satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement.
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Request for Security. Fitzroy River Water may request the provision of security if: (a) the Customer commits a breach nominated in either of clause 12.2(a)(i), (ii), (iii) or (v) of this Agreement, whether Fitzroy River Water has given a direction or not; or (b) Fitzroy River Water is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement.
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Request for Security. (a) Alinta Energy may by notice in writing request the Customer to provide Alinta Energy with an unconditional bank guarantee or other form of security to secure the due and punctual performance of the Customer’s obligations under this Agreement (i) at any time prior to the commencement of the Term; and (ii) at any time on or after the commencement of the Term but only if: (A) Alinta Energy considers, acting reasonably, that there has been a material change in the Customer ’s creditworthiness since the date of this Agreement; or (B) the Customer fails to pay in full (or any lesser amount permitted by clause 10.4(a)) any two invoices by the due date for payment within any 12 month period.
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Request for Security. (a) The Scheme Owner may request the provision of Security if: (i) (breach): the Customer commits a breach nominated in any of clause 13.2(a)(i), 13.2(a)(ii), 13.2(a)(iii) or 13.2(a)(v), whether the Scheme Owner has given a direction or not; or (ii) (financial capacity): the Scheme Owner is not reasonably satisfied as to the financial capacity of the Customer to comply with its obligations under this Agreement; or (iii) (initial customers on the LMA Start Date): this Agreement arose pursuant to section 738I(5) of the Water Act and as at immediately before the LMA Start Date, the Customer:
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Request for Security. The Scheme Owner may request the provision of Security if:
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Request for Security. (a) Stanwell may by notice request the Customer to provide Stanwell with an unconditional bank guarantee or other form of security acceptable to Stanwell, for an amount not exceeding the total of Stanwell's reasonable estimate for the next three invoices to be issued under this contract. (b) Unless otherwise specified by Stanwell, the security must be in a form and on terms and conditions acceptable to Stanwell.
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Related to Request for Security

  • Payment for Securities Sold In its sole discretion and from time to time, the Custodian may credit the Fund Custody Account, prior to actual receipt of final payment thereof, with (i) proceeds from the sale of Securities which it has been instructed to deliver against payment, (ii) proceeds from the redemption of Securities or other assets of the Fund, and (iii) income from cash, Securities or other assets of the Fund. Any such credit shall be conditional upon actual receipt by Custodian of final payment and may be reversed if final payment is not actually received in full. The Custodian may, in its sole discretion and from time to time, permit the Fund to use funds so credited to the Fund Custody Account in anticipation of actual receipt of final payment. Any such funds shall be repayable immediately upon demand made by the Custodian at any time prior to the actual receipt of all final payments in anticipation of which funds were credited to the Fund Custody Account.

  • Payment for Securities Payment for the Securities shall be received by the Company from the undersigned by wire transfer of immediately available funds or other means approved by the Company at or prior to the Closing, in the amount as set forth in Appendix A hereto. The Company shall deliver certificates representing the Securities to the undersigned at the Closing bearing an appropriate legend referring to the fact that the Securities were sold in reliance upon an exemption from registration under the Securities Act.

  • Payment for Securities Sold, etc In its sole discretion and from time to time, the Custodian may credit the Fund Custody Account, prior to actual receipt of final payment thereof, with (i) proceeds from the sale of Securities which it has been instructed to deliver against payment, (ii) proceeds from the redemption of Securities or other assets of the Fund, and (iii) income from cash, Securities or other assets of the Fund. Any such credit shall be conditional upon actual receipt by Custodian of final payment and may be reversed if final payment is not actually received in full. The Custodian may, in its sole discretion and from time to time, permit the Fund to use funds so credited to the Fund Custody Account in anticipation of actual receipt of final payment. Any such funds shall be repayable immediately upon demand made by the Custodian at any time prior to the actual receipt of all final payments in anticipation of which funds were credited to the Fund Custody Account.

  • Money for Security Payments to be Held in Trust (a) If the Company shall at any time act as its own Paying Agent with respect to the Securities, it will, on or before each due date of the principal of and any premium or interest (including any Additional Interest) on the Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its failure so to act. (b) Whenever the Company shall have one or more Paying Agents, it will, prior to 10:00 a.m., New York City time, on each due date of the principal of or any premium or interest (including any Additional Interest) on any Securities, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held as provided in the Trust Indenture Act and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its failure so to act. (c) The Company will cause each Paying Agent for the Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 10.2, that such Paying Agent will (i) comply with the provisions of this Indenture and the Trust Indenture Act applicable to it as a Paying Agent and (ii) during the continuance of any default by the Company (or any other obligor upon the Securities) in the making of any payment in respect of the Securities, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities. (d) The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. (e) Any money deposited with the Trustee or any Paying Agent, or then held by the Company in trust for the payment of the principal of and any premium or interest (including any Additional Interest) on any Security and remaining unclaimed for two years after such principal and any premium or interest has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid on Company Request to the Company, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.

  • Payment for Securities Surrender of Certificates (a) Paying Agent At or prior to the Effective Time, Parent shall designate a reputable bank or trust company to act as the paying agent (the identity and terms of designation and appointment of which shall be reasonably acceptable to the Company) for purposes of delivering or causing to be delivered to each holder of Company Shares and shares of Company Preferred Stock, the Merger Consideration, the Series A Offer Price or the Series B Offer Price, as applicable, that such holder shall become entitled to receive with respect to such holder’s Company Shares or shares of Company Preferred Stock pursuant to this Agreement (the “Paying Agent”). Parent shall pay, or cause to be paid, the fees and expenses of the Paying Agent. At or prior to the Effective Time, Parent shall deposit, or cause to be deposited, with the Paying Agent cash in immediately available funds in an amount sufficient for the Paying Agent to distribute the Merger Consideration, the Series A Offer Price and the Series B Offer Price, to which holders of Company Shares and holders of shares of Company Preferred Stock, as applicable, shall be entitled at the Effective Time pursuant to this Agreement. In the event such deposited funds are insufficient to make the payments contemplated pursuant to Section 2.1, Parent shall promptly deposit, or cause to be deposited, with the Paying Agent such additional funds to ensure that the Paying Agent has sufficient funds to make such payments. Such funds shall be invested by the Paying Agent as directed by Parent, pending payment thereof by the Paying Agent to the holders of the Company Shares and shares of Company Preferred Stock; provided, however, that any such investments shall be in obligations of, or guaranteed by, the United States government or rated A-1 or P-1 or better by ▇▇▇▇▇’▇ Investor Service, Inc. or Standard & Poor’s Corporation, respectively. Earnings from such investments shall be the sole and exclusive property of the Surviving Corporation, and no part of such earnings shall accrue to the benefit of holders of Company Shares or holders of shares of Company Preferred Stock.