Adverse Order. An order shall have been made or threatened to cease or suspend trading in the Special Warrants and the Private Placement Units, or to otherwise prohibit or restrict in any manner the distribution or trading of the Special Warrants and the Private Placement Units or proceedings are announced or commenced for the making of any such order by any securities regulatory authority or similar regulatory or judicial authority or the CSE;
Adverse Order. For purposes of inter-jurisdictional cost allocation, this Agreement constitutes a “New QF Contract” under the PacifiCorp Inter-Jurisdictional Cost Allocation Protocol and, as such, the costs of those QF provisions are allocated as a system resource unless any portion of those costs exceed the cost PacifiCorp would have otherwise incurred acquiring comparable resources. In that event, the Revised Protocol assigns those excess costs on a situs basis to the State of Utah. The rates, terms and conditions in this Agreement are in accordance with the rates, terms and conditions approved by the Commission for purchases from qualifying facilities. In addition, for the purposes of inter-jurisdictional cost allocation, PacifiCorp represents that the costs of this Agreement do not exceed the costs PacifiCorp would have otherwise incurred acquiring resources in the market that are defined as “Comparable Resources” in Appendix A to the Inter-Jurisdictional Cost Allocation Revised Protocol.
Adverse Order. Any Material Insurance Subsidiary shall be the subject of a final non-appealable order imposing a fine in an amount in excess of $50,000,000 in any single instance or other such orders imposing fines in excess of $75,000,000 in the aggregate after the date of this Agreement by or at the request of any state insurance regulatory agency as a result of the violation by such Material Insurance Subsidiary of such state’s applicable insurance Laws or the regulations promulgated in connection therewith.
Adverse Order. In the event that the Commission order approving this Agreement requires any change in this Agreement or imposes any requirement or condition not anticipated by the Parties that may reasonably be expected to be materially adverse to either Party, the Party adversely impacted by such change or condition may terminate this Agreement by providing the other party notice within thirty (30) days of the entry of the Commission’s order.
Adverse Order. An order shall have been made or threatened to cease or suspend trading in the Purchased Securities, or to otherwise prohibit or restrict in any manner the distribution or trading of the Purchased Securities, or proceedings are announced or commenced for the making of any such order by any securities regulatory authority or similar regulatory or judicial authority or the TSX, which order has not been rescinded, revoked or withdrawn.
Adverse Order. An order shall have been made or threatened to cease or suspend trading in the Subordinate Voting Shares, or to otherwise prohibit or restrict in any manner the distribution or trading of the Convertible Note Units, or proceedings are announced or commenced for the making of any such order by any securities regulatory authority or similar regulatory or judicial authority or the CSE.
Adverse Order. In the event FERC requires any modification to this Agreement or imposes any other modification or condition upon its acceptance or approval of this Agreement, each Party shall have ten (10) days to notify the other Party that any such modification or condition is unacceptable to that Party as determined in that Party’s sole discretion. If no Party provides such notice, then this Agreement, as modified or conditioned by FERC, shall take effect as of the date determined under Section 3.1. If either Party provides such notice to the other Party, the Parties shall take any one or more of the following actions: (i) meet and confer and agree to accept any modifications or conditions imposed by such FERC order; (ii) jointly seek further administrative or legal remedies with respect to such FERC order, including a request for rehearing or clarification in which case all further FERC orders on rehearing, clarification or similar orders will be subject to the same rights of the Parties under this Section as the original FERC order; or (iii) enter into negotiations with respect to accommodation of such FERC order. If the Parties have not agreed to accept or accommodate any modifications or conditions imposed by such FERC order under clauses (i)-(iii) of this Section within thirty (30) days after the date on which such FERC order becomes a final and non-appealable order, such order shall be deemed an adverse order and this Agreement will immediately terminate without further action of the Parties and the Parties shall have no further rights and obligations under the Agreement.
Adverse Order. For purposes of inter-jurisdictional cost allocation, this Agreement constitutes a “New QF Contract” under the PacifiCorp Inter-Jurisdictional Cost Allocation Revised Protocol (“Revised Protocol”) and, as such, the costs of those QF provisions are allocated as a system resource unless any portion of those costs exceed the cost PacifiCorp would have otherwise incurred acquiring comparable resources. In that event, the Revised Protocol assigns those excess costs on a situs basis to the State of Utah. The rates, terms and conditions in this Agreement are in accordance with the rates, terms and conditions approved by the Commission for purchases from qualifying facilities. In addition, for the purposes of inter- jurisdictional cost allocation, PacifiCorp represents that the costs of this Agreement do not exceed the costs PacifiCorp would have otherwise incurred acquiring resources in the market that are defined as “Comparable Resources” in Appendix A to the Revised Protocol.
Adverse Order. For purposes of inter-jurisdictional cost allocation, this Agreement constitutes a “New QF Contract” under the PacifiCorp Inter-Jurisdictional Cost Allocation 2010 Protocol (“2010 Protocol”) and, as such, the costs of those QF provisions are allocated as a system resource unless any portion of those costs exceed the cost PacifiCorp would have otherwise incurred acquiring comparable resources. In that event, the 2010 Protocol assigns those excess costs on a situs basis to the State of Utah. The rates, terms and conditions in this Agreement are in accordance with the rates, terms and conditions approved by the Commission for purchases from qualifying facilities. In addition, for the purposes of inter- jurisdictional cost allocation, PacifiCorp represents that the costs of this Agreement do not exceed the costs PacifiCorp would have otherwise incurred acquiring resources in the market that are defined as “Comparable Resources” in Appendix A to the 2010 Protocol.
Adverse Order. The Bankruptcy Court enters an order that is adverse in any material respect to the interests of Administrative Agent, Collateral Agent, and the Lenders or their respective rights and remedies in their capacities as such under this Agreement or in any of the Chapter 11 Cases; or
