Adverse Market Change Sample Clauses

Adverse Market Change. After the date hereof and prior to the First Closing Date, there shall not have occurred a suspension or material limitation in trading in Buyer’s securities on NASDAQ which occurrence is still outstanding as of the First Closing Date, if the effect of any such event in the reasonable judgment of the Company makes it impracticable or inadvisable to proceed with the transactions contemplated in this Agreement and the Ancillary Agreements.
Sample 1Sample 2See All (8)
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Adverse Market Change. Since September 29, 1999, no material adverse change shall have occurred in the syndication markets for credit facilities similar in nature to this Agreement, and no material disruption for or material adverse change in the financial, banking or capital markets that would have an adverse effect on such syndication market shall have occurred, in each case as determined by the Agent and the Arranger in their sole discretion.
Sample 1See All (8)
Adverse Market Change. On or after the date hereof and prior to the Determination Date, there shall not have occurred any of the following: (A) a suspension or material limitation in trading in securities generally on the Nasdaq National Market, the New York Stock Exchange or the London Stock Exchange, (B) a suspension or material limitation in trading in Buyer's securities on the Nasdaq National Market, (C) a general moratorium on commercial banking activities in New York, London, the PRC or the Cayman Islands declared by the relevant authorities, or a material disruption in commercial banking or securities settlement or clearance services in the United States, the United Kingdom, the PRC or the Cayman Islands, (D) the outbreak or escalation of hostilities involving the United States, the United Kingdom the PRC or the Cayman Islands or the declaration by the United States, the United Kingdom, the PRC or the Cayman Islands of a national emergency or war or (E) the occurrence of any other calamity or crisis or any change in financial, political or economic conditions or currency exchange rates or controls in the United States, the United Kingdom, the PRC, the Cayman Islands or elsewhere, if the effect of any such event specified in clause (D) or (E) in the judgment of Buyer makes it impracticable or inadvisable to proceed with the transaction contemplated in this Agreement and the Ancillary Documents.
Sample 1Sample 2
Adverse Market Change. 43 5.1.10. Acquisition 43 5.1.11. Year 2000 Plan. 44 5.1.12. Pro forma Compliance 44 5.1.13. Subordinated Debentures 45 5.2. Conditions to Each Extension of Credit 45 5.2.1. Officer's Certificate 45 5.2.2. Proper Proceedings 45 5.2.3. Legality, etc 45 5.2.4. General 46
Sample 1
Adverse Market Change. If, in either Party’s reasonable discretion, a Party observes potential Adverse Market Changes that may impact the marketing and sale of Sasol Product, either Party may request a consultation regarding potential revisions to the then-current Annual Marketing Plan. If Sasol Member is the requesting Party, Marketer shall be obligated to (whether by telecommunication, videoconference or in person), within ten (10) Business Days of Sasol Member’s notice, meet and consult with Sasol Member to discuss any necessary updates to the then-current the Annual Marketing Plan. If Marketer is the requesting Party, after Sasol Member receives Marketer’s notice for consultation, Sasol Member shall notify Marketer within ten (10) Business Days if Sasol Member desires to consult with Marketer regarding any necessary updates to the then-current Annual Marketing Plan and Marketer shall (whether by telecommunication, videoconference or in person), within ten (10) Business Days of Sasol Member’s notice, meet and consult with Sasol Member to discuss such updates to the then- current Annual Marketing Plan. If Marketer and Sasol Member agree on the proposed updated Annual Marketing Plan, Marketer shall make all agreed-upon updates and issue the updated Annual Marketing Plan so agreed, and such updated Annual Marketing Plan shall be deemed the Annual Marketing Plan for the remainder of the applicable Fiscal Year for all purposes hereunder. If (i) Sasol Member chooses not to consult with Marketer or (ii) the Parties are unable to agree on all proposed updates to the Annual Marketing Plan, after the Parties have escalated the matter to the senior executives of the ultimate parents of both Parties for consultation (which senior executives, for purposes of clarity, shall be Persons with no lower level of seniority than (A) with respect to the ultimate parent of Marketer, the Executive Vice President Global Olefins and Polymers and (B) with respect to the ultimate parent of Sasol Member, the Executive Vice President Chemicals), then Marketer shall issue an updated Annual Marketing Plan for such Fiscal Year containing Marketer’s proposed updates and the changes, if any, agreed by the Parties pursuant to this Section 3.5(c), and such updated Annual Marketing Plan shall be deemed the Annual Marketing Plan for the remainder of such Fiscal Year for all purposes hereunder.
Sample 1
Adverse Market Change. Since December 31, 199$ no material adverse change shall have occurred in the financial condition or operations of the Borrower.
Sample 1
Adverse Market Change. Since December 31, 1998, no material adverse change has occurred in the financial condition or operations of the Borrower or Candlewood (provided, however, that notwithstanding anything else herein to the contrary, the representation as to Candlewood is made only as of the date hereof and as of the date of the initial advance of the Loan and not as of any subsequent date).
Sample 1
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Adverse Market Change. Notwithstanding anything herein contained, if after the execution of this Agreement there shall come to the attention of the Lender such a change in national or international monetary, financial, political, economic or stock market conditions or currency exchange or interest rates or exchange controls as would, in the reasonable opinion of the Lender, be likely to prejudice materially the success of the Facility, the Lender may terminate this Agreement and upon such notice being given the parties hereto shall (except as otherwise specifically provided herein) be released and discharged from their respective obligations under this Agreement.
Sample 1

Related to Adverse Market Change

  • Adverse Selection No selection procedures adverse to the Noteholders were utilized in selecting the Receivables from those receivables owned by AmeriCredit which met the selection criteria set forth in clauses (A) through (M) of number 29 of this Schedule B.

  • No Material Adverse Change or Ratings Agency Change For the period from and after the date of this Agreement and through and including the First Closing Date and, with respect to any Optional Shares purchased after the First Closing Date, each Option Closing Date: (i) in the judgment of the Representatives there shall not have occurred any Material Adverse Change; and (ii) there shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any securities of the Company or any of its subsidiaries by any “nationally recognized statistical rating organization” as that term is used in Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act.

  • Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Disclosure Controls and Procedures; Deficiencies in or Changes to Internal Control Over Financial Reporting The Company has established and maintains disclosure controls and procedures (as defined in Rules 13a-15 and 15d-15 under the Exchange Act), which (i) are designed to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to the Company’s principal executive officer and its principal financial officer by others within those entities, particularly during the periods in which the periodic reports required under the Exchange Act are being prepared; (ii) have been evaluated by management of the Company for effectiveness as of the end of the Company’s most recent fiscal quarter; and (iii) are effective in all material respects to perform the functions for which they were established. Since the end of the Company’s most recent audited fiscal year, there have been no significant deficiencies or material weakness in the Company’s internal control over financial reporting (whether or not remediated) and no change in the Company’s internal control over financial reporting that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting. The Company is not aware of any change in its internal control over financial reporting that has occurred during its most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting.

  • No Adverse Material Change (i) Since March 31, 2016, there shall not have occurred any event, condition or state of facts which could reasonably be expected to have a Material Adverse Effect and (ii) no representations made or information supplied to Agent or Lenders shall have been proven to be inaccurate or misleading in any material respect;

  • Internal Control Over Financial Reporting The Company and each of its Subsidiaries maintain a system of internal control over financial reporting (as such term is defined in Rule 13a-15(f) of the Exchange Act Regulations) that complies with the requirements of the Exchange Act and the Exchange Act Regulations and has been designed by the Company’s principal executive officer and principal financial officer and is sufficient to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with GAAP, including that (A) transactions are executed in accordance with management’s general or specific authorizations; (B) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (C) access to assets is permitted only in accordance with management’s general or specific authorization; (D) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences; and (E) the interactive data in eXtensible Business Reporting Language included or incorporated by reference in the Registration Statement is accurate and fairly presents the information called for in all material respects and has been prepared in accordance with the Commission’s rules and guidelines applicable thereto. The systems of internal control over financial reporting of the Company and its Subsidiaries are overseen by the Audit Committee of the Board of Directors of the Company in accordance with Nasdaq rules and regulations. Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, since the end of the Company’s most recent audited fiscal year, (i) there has been no material weakness in the Company’s internal control over financial reporting (whether or not remediated), (ii) there has been no change in the Company’s internal control over financial reporting that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting and (iii) the Company has not been advised of (a) any significant deficiencies in the design or operation of internal controls that could adversely affect the ability of the Company or any Subsidiary to record, process, summarize and report financial data, or any material weakness in internal controls, or (b) any fraud, whether or not material, that involves management or other employees who have a significant role in the internal controls of the Company and each of the Subsidiaries.

  • Adverse Event Reporting Both Parties acknowledge the obligation to comply with the Protocol and / or applicable regulations governing the collection and reporting of adverse events of which they may become aware during the course of the Clinical Trial. Both Parties agree to fulfil and ensure that their Agents fulfil regulatory requirements with respect to the reporting of adverse events.

  • Shift Change Where employees are assigned mid-week to work a non-day shift (whether due to emergencies or a shift change) and as a result lose a shift in the regular work week, such employees will be paid six (6) hours for such loss of earnings.

  • Major Workplace Change 11.1 If the Employer has made a decision to introduce a major workplace change that is likely to have a Significant Effect on a number of Employees, the Employer must notify the Employee(s) who will be affected by the decision .As soon as practicable and prior to implementation, the Employer must discuss with the relevant Employees and/or their nominated representative/s (e.g. Union or other representative) the introduction of the change; and the effect the change is likely to have on the Employees. The Employer must discuss measures to avert or mitigate the adverse effect of the change on the Employees. 11.2 For the purposes of the discussion the Employer will provide the relevant Employees and/or their nominated representative/s in writing: (a) All relevant information about the change including the nature of the change proposed; (b) Information about the expected effects of the change on the Employees; and (c) Any other matters likely to affect the Employees. However, the Employer is not required to disclose confidential or commercially sensitive information. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.

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