Delivery Contract Clauses (565)

Delivery. Buyer will give Seller 60 days' advance notice regarding the quantity requested for delivery. Upon receipt of the request for delivery, Seller will arrange for delivery through a carrier chosen by Seller, the costs of which shall be F.O.B.

Delivery. Subject to Sections 8, 11 and 14 and Annex 1 and except as otherwise provided in this Agreement, the Shares will be delivered in respect of vested units (if any) on the first to occur of the following events (i) to you on or promptly after the Vesting Date (but in no case more than 15 days after such date) and (ii) in the event of your death to your estate after your death and during the calendar year in which your death occurs (or such later date as may be permitted under Section 409A) (the "De...livery Date"). Unless otherwise determined by the Committee, delivery of the Shares at the Delivery Date will be by book-entry credit to an account in your name that the Company has established at a custody agent (the "custodian"). The Company's transfer agent, Wells Fargo Bank, N.A. shall act as the custodian of the Shares; however, the Company may in its sole discretion appoint another custodian to replace Wells Fargo Bank, N.A. On the Delivery Date, if you have complied with your obligations under this Agreement and provided that your tax obligations with respect to the vested units are appropriately satisfied, we will instruct the custodian to electronically transfer your Shares to a brokerage or other account on your behalf (or make such other arrangements for the delivery of the Shares to you as we reasonably determine). View More

Delivery. 2.1 Deliveries by the Participant. The Participant hereby delivers to the Company this Agreement. 2.2 Deliveries by the Company. The Company will issue such documentation as shall be necessary or appropriate to effect the evidencing of the issuance and/or delivery of the applicable Common Units in the name specified in Section 1.2 above (the "Unit Transfer") as soon as administratively practicable following the occurrence of the applicable date on which the applicable RIUs become Vested RIUs or ...as provided above in Section 1.1(c) or (d), as applicable; provided that the Participant has timely delivered and executed this Agreement and such other documentation as shall be necessary or appropriate to effect the Unit Transfer to the Participant. View More

Delivery. (a) On or prior to the applicable Closing Date (or as otherwise indicated below), the Company shall deliver or cause to be delivered to the Purchaser the following: (i) At the Initial Closing, this Agreement duly executed by the Company; (ii)At the Initial Closing, a certificate evidencing the Commitment Shares; (iii) At the Initial Closing, a certificate evidencing three hundred (300) shares of Preferred Stock; (iv) An original Warrant, registered in the name of Purchaser, for the number of sha...res of Common Stock set forth in Section 2.1(a), duly executed by the Company; (v) At the Second Tranche of the Additional Closings, a certificate evidencing two hundred (200) shares of Preferred Stock; (vi) At the Second Tranche of the Additional Closings, an original Warrant, registered in the name of Purchaser, for the number of shares of Common Stock set forth in Section 2.1(b), duly executed by the Company; (vii) At the Additional Closings, original Warrants, registered in the name of Purchaser, for the number of shares of Common Stock set forth in Section 2.1(b), duly executed by the Company; (viii) An irrevocable letter of instruction to the Company's Transfer Agent, instructing the Transfer Agent to maintain for the benefit of the Purchaser, initially 10,205,747 shares of its common stock and at all times thereafter three times (3x) the number of common shares needed to by the Purchaser to convert and/or exercise all shares of Preferred Stock held by the Purchaser. The reserve amount shall be increased from time to time to ensure appropriate coverage of 3X, but no more, for Securities issued or issuable to Purchaser. It is mutually understood and defined in the Form of Warrant that the Company covenants that, 7 after a period of 45 days from when the Warrant's Issue Date, and so long after that period that the Warrant is outstanding, the Company will reserve from its authorized and unissued Common Stock a sufficient number of shares to provide for the issuance of the Warrant Shares upon the exercise of any purchase rights under this Warrant (1X or 100%). Should the company determine that it may not have sufficient common shares available on the 46th day from the Issue Date of the Warrant, the Company will make best efforts to implement measures, up to and including an increase of the authorized common shares of the company, to provide sufficient coverage by the 46th day; and (ix) At the Second Closing and each Additional Closing, a copy of the registration statement(s) registering for resale the common stock underlying each tranche and any opinions or prospectus supplements attached thereto. (b) On or prior to the applicable Closing Date, the Purchaser shall deliver or cause to be delivered to the Company, as applicable, the following: (i)This Agreement duly executed by the Purchaser; and (ii) the Purchaser's Subscription Amount by wire transfer to the account specified in writing by the Company together with the subscription form attached as an Exhibit below. View More

Delivery. By enrolling in the Plan, each Participant shall be deemed to have authorized the establishment of a brokerage account on his or her behalf at a securities brokerage firm selected by the Company. As soon as reasonably practicable after each Exercise Date on which a purchase of shares of Common Stock occurs, the Company shall arrange for the delivery to each Participant of the shares of Common Stock purchased upon exercise of his or her option to the Participant's brokerage or Plan share account ...in a form determined by the Company. Notwithstanding any other provision of the Plan, unless otherwise determined by the Administrator or required by any applicable law, rule or regulation, the Company shall not deliver to any Participant certificates evidencing shares of Common Stock issued in connection with any purchase under the Plan, and instead such shares of Common Stock shall be recorded in the books of the brokerage firm or, as applicable, the Company, its transfer agent, stock plan administrator or such other outside entity which is not a brokerage firm. View More

Delivery. 3.2FGL shall be entitled to respond to this Notification by withdrawing from the individual order and reserving the rights to claim damages in the event that the delay is not caused by FGL. 3.3Partial or advance deliveries as well as over or under deliveries shall only be permitted with the express approval of FGL. 4.2FGL shall generally examine the delivered Products within fourteen (14) days of the delivery ("Inspection Period") in order to ascertain that Products conform to the expectations o...f the Product Order. 4.3In the event of there being Defective Products, and the quantity of the Defective Products is more than the percentage of defective allowance granted by FGII to FGL, FGL shall be entitled to, within a reasonable amount of time (such time to be determined by both parties and to be referred to as a "Cure Period"): A)request that such Defective Products be replaced by goods of contractual quality within a Cure Period; B)request that the defects be rectified within a Cure Period; or C)demand that the original Product Order be cancelled should FGII be unable to rectify the defects within a Cure Period. 4.4Should FGII fail to render the performances specified under Section 4.3 subsection A or B, FGL shall be entitled, at the expense of FGII, to procure replacement goods from a third-party source or to cause the defects to be rectified by itself or a third party. 4.5In all the cases mentioned under Section 4.3 the right to enforce claims for damages shall remain reserved by FGL. 4.6The conditions of this Section apply to Defective Products which are not discovered during the Inspection Period for up to one (1) year starting from date when the Products were delivered to FGL. 4.7FGII's guarantees under this Section shall extend to cover any and all Products produced and/or delivered by its subcontractors. 4.8Any rejected Products returned to FGII by FGL must be destroyed by FGII. 5.2FGL shall decide whether its intellectual property rights are to be registered with the responsible authorities. View More

Delivery. As promptly as practicable after each Purchase Date, the number of Shares purchased by each Participant upon exercise of his or her option shall be deposited into an account established in the Participant's name with the Plan Administrator. The Committee may determine that no Share purchased in respect of an offering may be transferred out of such Participant's account with the Plan Administrator other than in connection with a "disposition" (as such term is used in Section 423(a)(1) of the Code...) of such Share for the longer of (x) two (2) years following the Offering Date applicable to such Share and (y) one (1) year following the Purchase Date applicable to such Share. View More

Delivery. As promptly as practicable after each Exercise Date of each Offering Period, the Company shall arrange the delivery to each participant (by electronic or other means), as appropriate, of a certificate representing the Shares purchased upon exercise of his or her option. Notwithstanding the foregoing, the Board may require that all Shares purchased under the Plan be held in an account (the participant's "ESPP Stock Account") established in the name of the participant (or in the name of the partic...ipant and his or her spouse, as designated by the participant on his or her subscription agreement), subject to such rules as determined by the Board and uniformly applied to all participants, including designation of a brokerage or other financial services firm (an "ESPP Broker") to hold such Shares for the participant's ESPP Stock Account with registration of such Shares in the name of such ESPP Broker for the benefit of the participant (or for the benefit of the participant and his or her spouse, as designated by the participant on his or her subscription agreement). View More