Timing of Execution Sample Clauses

The "Timing of Execution" clause defines when specific actions or obligations under an agreement must be performed. It typically sets deadlines or schedules for the completion of deliverables, commencement of services, or fulfillment of contractual duties, such as requiring a project to start within 30 days of signing or payments to be made by certain dates. By clearly establishing these timeframes, the clause ensures that all parties understand their temporal responsibilities, reducing the risk of disputes related to delays or missed deadlines.
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Timing of Execution. This Agreement shall be signed by way of separate counterparts first by the Seller and then by the Purchaser and shall be treated as executed only when the Purchaser signs its counterpart. Subject to clause 16.23 below, the Parties agree that this Agreement shall be dated as of the date in New York at the time the Purchaser signs its counterpart.
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Timing of Execution. The execution of this Guaranty prior to execution of the Lease shall not invalidate this Guaranty or lessen the obligations of Guarantor hereunder.
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Timing of Execution. The parties recognize and understand that this Agreement is being executed days prior to their scheduled wedding date of . The parties acknowledge that each has had sufficient opportunity prior to executing this Agreement to consult with counsel, to reschedule the wedding date if necessary, and/or to not proceed with the marriage, but each nonetheless agrees that the timing of the execution of this Agreement relative to has no effect upon their decision to execute same. Each party further waives their right to at any time in the future argue that they had insufficient time to make an informed and calculated decision to execute same. The parties further represent that this Agreement has been discussed between them for a period of prior to the date hereof, and it is only as a result of their deliberations and thoughtful consideration of the provisions herein contained that the Agreement is being executed at this time.
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Timing of Execution. This Release may not be executed prior to the Effective Time of the Merger.
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Timing of Execution. The parties recognize and understand that this Agreement is being executed within ( ) [hours, days, weeks, etc.] prior to their anticipated wedding date of . The parties acknowledge that, despite this time frame, each has had a sufficient opportunity prior to executing this Agreement to consult with independent counsel and that the timing of the execution of this Agreement relative to the aforesaid wedding date has no effect upon their decision to execute same. Each party further waives his/her right to at any time in the future claim that he/she had insufficient time to make an informed and calculated decision to execute same.
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Timing of Execution. All states require that the agreement be signed before the marriage. In many states there is a requirement that the agreement be signed at least 24 hours or the day before the wedding. The closer to the marriage the agreement is signed, the more likely it is to be challenged.17
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Related to Timing of Execution

  • Timing of Exercise The Warrants shall be exercisable at any time in whole or in part from time to time commencing as of February 17, 2006 and expiring at 5:00 P.M., New York time, on February 16, 2011 (the “Expiration Date”), subject to earlier termination as provided herein, and may not be exercised thereafter.

  • Representation of Executive The Executive represents and warrants that the Executive is not under any contractual or legal restraint that prevents or prohibits the Executive from entering into this Agreement or performing the duties and obligations described in this Agreement.

  • Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Superior Court of Justice (London) Court File No. 1272/16 CP (the “Ontario Action”) ▇▇▇▇ ▇▇▇▇▇▇ AVX Corporation; ▇▇▇▇ Co., Ltd.; ▇▇▇▇ America Inc.; Hitachi Chemical Co., Ltd.; Hitachi Chemical Company America, Ltd.; Hitachi Canada; Hitachi AIC Inc.; KEMET Corporation; KEMET Electronics Corporation; Matsuo Electric Co., Ltd.; Nichicon Corporation; Nichicon (America) Corporation; Nippon Chemi-Con Corporation; United Chemi-Con Corporation; Nissei Electric Co. Ltd.; Nitsuko Electronics Corporation; Okaya Electric Industries Co. Ltd.; Okaya Electric America, Inc.; Panasonic Corporation; Panasonic Corporation of North America; Panasonic Canada Inc.; ROHM Co., Ltd.; ROHM Semicondctor U.S.A., LLC f/k/a/ ROHM Electronics U.S.A., LLC; Rubycon Corporation; Rubycon America Inc.; Shinyei Kaisha; Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of America; Shizuki Electric Co., Ltd.; American Shizuki Corporation; Soshin Electric Co., Ltd.; Soshin Electronics of America Inc.; Taitsu Corporation; Taitsu America, Inc.; Toshin Kogyo Co., Ltd.; Holy Stone Enterprises Co., Ltd.; Milestone Global Technology Inc. d/b/a Holystone International; Vishay Polytech Co., Ltd. f/k/a/ Holystone Polytech Co., Ltd. All Persons in Canada who purchased Film Capacitors or a product containing a Film Capacitor during the Class Period other than (1) all BC Settlement Class members and (2) all Quebec Settlement Class members. Quebec Superior Court (District of Montreal), File No. ▇▇▇-▇▇-▇▇▇▇▇ 4-144 (the “Quebec Action”) Option Consommat eurs Panasonic Corporation; Sanyo Electric Group Ltd.; KEMET Corporation; NEC Tokin Corporation; Taiyo Yuden Co., Ltd.; Nippon Chemi-Con Corporation; Hitachi Chemical Co. Ltd.; Nichicon Corporation; Hitachi AIC Inc.; ▇▇▇▇ Co. Ltd.; Holy Stone Enterprise Co., Ltd.; Matsuo Electric Co., Ltd.; Rohm All Persons in Quebec who purchased Film Capacitors or a product containing a Film Capacitor during the Class Period. Proceeding Plaintiff(s) Defendants Settlement Class Co., Ltd.; Rubycon Corporation; Toshin Kogyo Co., Ltd.; Holy Stone Holdings Co., Ltd. British Columbia Supreme Court (Vancouver Registry) Court File No. S-156006 (the “BC Action”) ▇▇▇▇ ▇▇▇▇▇▇ Okaya Electric Industries Co., Ltd.; Okaya Electric America Inc.; Taitsu Corporation; Taitsu America, Inc.; Shinyei Kaisha; Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of America, Inc.; Nitsuko Electronics Corporation; Nissei Electric Co. Ltd.; Soshin Electric Co., Ltd.; Soshin Electronics of America Inc.; Shizuki Electric Co., Ltd.; American Shizuki Corporation; Toshin Kogyo Co., Ltd. All Persons in British Columbia who purchased Film Capacitors or a product containing Film a Capacitor during the Class Period. Court File No. 1272/16 CP THE HONOURABLE ) , THE DAY ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ) OF , ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ N : Plaintiff AVX CORPORATION; ▇▇▇▇ CO., LTD.; ▇▇▇▇ AMERICA INC.; HITACHI CHEMICAL CO., LTD.; HITACHI CHEMICAL COMPANY AMERICA, LTD.; HITACHI CANADA; HITACHI AIC INC.; KEMET CORPORATION; KEMET ELECTRONICS CORPORATION; MATSUO ELECTRIC CO., LTD.; NICHICON CORPORATION; NICHICON (AMERICA) CORPORATION; NIPPON CHEMI-CON CORPORATION; UNITED CHEMI-CON CORPORATION; NISSEI ELECTRIC CO. LTD.; NITSUKO ELECTRONICS CORPORATION; OKAYA ELECTRIC INDUSTRIES CO., LTD.; OKAYA ELECTRIC AMERICA, INC.; PANASONIC CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CANADA INC.; SANYO ELECTRIC CO., LTD.; SANYO ELECTRONIC DEVICE (U.S.A.) CORP.; SANYO NORTH AMERICA CORPORATION; ROHM CO., LTD.; ROHM SEMICONDUCTOR U.S.A., LLC f/k/a ROHM ELECTRONICS U.S.A., LLC; RUBYCON CORPORATION; RUBYCON AMERICA INC.; SHINYEI KAISHA; SHINYEI TECHNOLOGY CO., LTD.; SHINYEI CAPACITOR CO., LTD.; SHINYEI CORPORATION OF AMERICA; SHIZUKI ELECTRIC CO., LTD.; AMERICAN SHIZUKI CORPORATION; SOSHIN ELECTRIC CO., LTD.; SOSHIN ELECTRONICS OF AMERICA INC.; TAITSU CORPORATION; TAITSU AMERICA, INC.; TOSHIN KOGYO CO., LTD.; HOLY STONE ENTERPRISE CO., LTD.; MILESTONE GLOBAL TECHNOLOGY, INC. d/b/a HOLYSTONE INTERNATIONAL; VISHAY INTERTECHNOLOGY, INC.; and VISHAY POLYTECH CO., LTD. f/k/a HOLYSTONE POLYTECH CO., LTD. ON READING the materials filed, including the settlement agreement dated , 2017 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the parties; AND ON BEING ADVISED that  has consented to being appointed as notice provider in accordance with the terms of this Order; 1. THIS COURT ORDERS that, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 3. THIS COURT ORDERS that the Ontario Settlement Class is certified as follows: All Persons or entities in Canada who purchased Film Capacitors or a product containing a Film Capacitor between January 1, 2002 and December 31, 2014 other than BC Settlement Class members and Quebec Settlement Class members. 4. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain or stabilize the price of, or allocate markets and customers of, Film Capacitors directly or indirectly in Canada during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 5. THIS COURT ORDERS that the Plaintiff, ▇▇▇▇ ▇▇▇▇▇▇ is appointed as the representative plaintiff for the Ontario Settlement Class. 6. THIS COURT ORDERS that paragraphs 2, 3, 4 and 5 of this Order, the certification of this action against the Settling Defendants for settlement purposes and the definitions of the Ontario Settlement Class, Class Period and Common Issue, and any reasons given by the Court in connection with paragraphs 2, 3, 4, and 5 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Ontario Action and, without limiting the generality of the foregoing, may not be relied on by any person to establish jurisdiction, the criteria for certification (including class definition) or the existence or elements of the causes of action asserted in the Ontario Action, as against the Non-Settling Defendants. 7. THIS COURT ORDERS that Ontario Settlement Class members who wish to opt-out of this action must do so by sending a written election to opt-out, signed by the Person or the Person’s designee, together with the information required in the Settlement Agreement to Class Counsel or their duly appointed agent, by pre-paid mail, courier, fax or e-mail received on or before the Opt-Out Deadline. 8. THIS COURT ORDERS that any Ontario Settlement Class member who has validly opted-out of this action shall no longer participate or have the opportunity in the future to participate in this action or to share in the distribution of any funds received as a result of a judgment or settlement, and no further right to opt-out will be provided. 9. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Ontario Counsel shall provide to the Defendants a report containing the names of each Person who has validly and timely opted-out of the Ontario Action, the reasons for the opt-out, if known, and a summary of the information delivered by such Persons pursuant to paragraph 7 above. 10. THIS COURT ORDERS that any Ontario Settlement Class member who has not validly opted-out of the Ontario Action will be bound by the Settlement Agreement as approved by the Court and may not opt-out of the Ontario Action in the future. 11. THIS COURT ORDERS AND DECLARES that each Ontario Settlement Class member who has not validly opted-out of this action shall be deemed to have consented to the dismissal as against the Settling Defendants and its Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice. 12. THIS COURT ORDERS AND DECLARES that each Other Action commenced in Ontario by any Ontario Settlement Class member who has not validly opted-out of this action shall be and is hereby dismissed against the Settling Defendants and its Releasees, without costs and with prejudice. 13. THIS COURT ORDERS that the notice of certification and settlement approval hearing (the “Notice”) is hereby approved substantially in the form attached hereto as Schedule “B”. 14. THIS COURT ORDERS that the plan of dissemination of the Notice (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “C” and that the Notice shall be disseminated in accordance with the Plan of Dissemination. 15. THIS COURT ORDERS that  is appointed to disseminate the Notice in accordance with the terms of this Order. 16. THIS COURT ORDERS that this Order is contingent upon parallel orders being made by the BC Court and the Québec Court, and the terms of this Order shall not be effective unless and until such orders are made by the BC Court and the Québec Court. The Honourable Justice ▇▇▇▇▇▇ ▇▇▇▇ ALLOTT v. AVX CORPORATION, et al. Court File No. 1272/16 CP Plaintiff Defendants ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDINGS COMMENCED AT LONDON Proceeding Under the Class Proceedings Act, 1992 ORDER (Certification, Opt-Out and Notice Approval) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (LSUC #45087H) ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (LSUC #56835D) Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Lawyers for the Plaintiff Court File No. 1272/16 CP THE HONOURABLE ) , THE DAY ▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ) OF , ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ N : Plaintiff AVX CORPORATION; ▇▇▇▇ CO., LTD.; ▇▇▇▇ AMERICA INC.; HITACHI CHEMICAL CO., LTD.; HITACHI CHEMICAL COMPANY AMERICA, LTD.; HITACHI CANADA; HITACHI AIC INC.; KEMET CORPORATION; KEMET ELECTRONICS CORPORATION; MATSUO ELECTRIC CO., LTD.; NICHICON CORPORATION; NICHICON (AMERICA) CORPORATION; NIPPON CHEMI-CON CORPORATION; UNITED CHEMI-CON CORPORATION; NISSEI ELECTRIC CO. LTD.; NITSUKO ELECTRONICS CORPORATION; OKAYA ELECTRIC INDUSTRIES CO., LTD.; OKAYA ELECTRIC AMERICA, INC.; PANASONIC CORPORATION; PANASONIC CORPORATION OF NORTH AMERICA; PANASONIC CANADA INC.; SANYO ELECTRIC CO., LTD.; SANYO ELECTRONIC DEVICE (U.S.A.) CORP.; SANYO NORTH AMERICA CORPORATION; ROHM CO., LTD.; ROHM SEMICONDUCTOR U.S.A., LLC f/k/a ROHM ELECTRONICS U.S.A., LLC; RUBYCON CORPORATION; RUBYCON AMERICA INC.; SHINYEI KAISHA; SHINYEI TECHNOLOGY CO., LTD.; SHINYEI CAPACITOR CO., LTD.; SHINYEI CORPORATION OF AMERICA; SHIZUKI ELECTRIC CO., LTD.; AMERICAN SHIZUKI CORPORATION; SOSHIN ELECTRIC CO., LTD.; SOSHIN ELECTRONICS OF AMERICA INC.; TAITSU CORPORATION; TAITSU AMERICA, INC.; TOSHIN KOGYO CO., LTD.; HOLY STONE ENTERPRISE CO., LTD.; MILESTONE GLOBAL TECHNOLOGY, INC. d/b/a HOLYSTONE INTERNATIONAL; VISHAY INTERTECHNOLOGY, INC.; and VISHAY POLYTECH CO., LTD. f/k/a HOLYSTONE POLYTECH CO., LTD. , 2017 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff, counsel for the Settling Defendants and counsel for the Non-Settling Defendants in the Ontario Action; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been  objections to the Settlement Agreement; AND ON BEING ADVISED that the deadline for opting-out of the Ontario Action has passed, and there were  opt-outs; 1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Ontario Settlement Class. 3. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to s. 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms. 4. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Ontario Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure are dispensed with in respect of the Ontario Action. 5. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor who has not validly opted-out of this action has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims. 6. THIS COURT ORDERS that, upon the Effective Date, each Releasor who has not validly opted-out of this action shall not now or hereafter institute, continue, maintain or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any action, suit, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity or other claims over relief from any Releasee, in respect of any Released Claim except for the continuation of the Proceedings against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendants or unnamed alleged co-conspirator that is not a Releasee. 7. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Ontario Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors. 8. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims. 9. THIS COURT ORDERS that if this Court ultimately determines that there is a right of contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise: (a) all claims for contribution, indemnity or other claims over, whether asserted, unasserted, or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or otherwise, or could in the future be brought on the basis of the same events, actions and omissions underlying the Proceedings or otherwise, by any Non-Settling Defendant, any named or unnamed alleged co-conspirator that is not a Releasee or any other Person or Party against a Releasee, are barred, prohibited and enjoined; (b) the Ontario Plaintiff and Ontario Settlement Class members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or Party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (c) the Ontario Plaintiff and Ontario Settlement Class members shall limit their claims against the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or party that is not a Releasee to include, and shall be entitled to recover from the Non-Settling Defendants and/or named or unnamed alleged co-conspirators and/or any other Person or Party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed alleged co-conspirat

  • Change in Form or Timing of Distributions All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the election is made.

  • Timing of the Grant 5.1 Payments will be made in accordance with Schedule 2, to be paid within 21 working days. 5.2 In order for any payment to be released, the Commissioner will require the Recipient to: 5.2.1 have signed and returned a copy of this Grant Agreement to the Commissioner; 5.2.2 have provided the appropriate bank details; and 5.2.3 be in compliance with the terms and conditions of this Grant Agreement. 5.3 The Commissioner reserves the right to withhold all or any payments of the Grant if the Commissioner has reasonably requested information or documentation from the Recipient and this has not been received by the Commissioner in the timescales reasonably required. 5.4 The Commissioner is not permitted to pay the Grant in advance of need. If the Commissioner reasonably believes that payment is being made in advance of need, it may change the timing and/or the amount of any outstanding Grant payments.