Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents contained, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing has become unlawful or impossible due to:
Appears in 3 contracts
Samples: Credit Agreement (Harvest Energy Trust), Credit Agreement (Harvest Energy Trust), Credit Agreement (Harvest Energy Trust)
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents contained, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the Agent and the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing Accommodation has become unlawful or impossible due to:
Appears in 3 contracts
Samples: Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.), Credit Agreement
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents containedDocuments, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing Accommodation has become unlawful or impossible due to:
Appears in 3 contracts
Samples: Credit Agreement (Penn West Petroleum Ltd.), Credit Agreement (Penn West Energy Trust), Credit Agreement (Penn West Energy Trust)
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents contained, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing Accommodation under the Credit Facilities has become unlawful or impossible due to:
Appears in 3 contracts
Samples: Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.), Credit Agreement (Protective Products of America, Inc.)
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents containedDocuments, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing Advance has become unlawful or impossible prohibited due to:
Appears in 2 contracts
Samples: Term Credit Agreement (ENERPLUS Corp), Credit Agreement (ENERPLUS Corp)
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents containedDocuments, if on any date a Lender determines determines, acting reasonably and in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the Agent and the other Lenders and to the Borrower that its such Xxxxxx's ability to maintain, or continue to offer any Borrowing Accommodation has become unlawful or impossible due to:
Appears in 1 contract
Samples: Credit Agreement
Changes in Circumstances. β Notwithstanding anything to the contrary herein or in any of the other Documents contained, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the Agent and the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing the Term Facility has become unlawful or impossible due to:
Appears in 1 contract
Samples: Agreement
Changes in Circumstances. Notwithstanding anything to the contrary herein or in any of the other Documents contained, if on any date a Lender determines in good faith, which determination will be conclusive and binding on the Parties, and provided notice is given to the other Lenders and to the Borrower that its ability to maintain, or continue to offer any Borrowing Accommodation has become unlawful or impossible due to:
Appears in 1 contract