Commercial Unavailability Sample Clauses

Commercial Unavailability. (i) In the event that any of the coverage required in this Section 6.08 become unavailable on commercially reasonable terms, the Borrower will notify the Administrative Agent of the coverage affected, describe the proposed alternate coverages (such alternate coverage(s) shall conform as closely as commercially reasonable with the requirements of this Section 6.08, and request from the Required Lenders a waiver; such request for waiver shall not be unreasonably denied by the Lenders; and in the event that such required coverages again become available on commercially reasonable terms, Borrower shall resume maintenance of such required coverages. (ii) The Borrower represents that as of the Closing Date, (1) the coverage required by Section 6.08(a)(vii)(A) for non-sudden release of pollutants is not available on commercially reasonable terms for the Refinery and (2) the policy provisions required by Section 6.08(c)(iii)(B) with respect to the coverage required by Sections 6.08(a)(iii) and (vi) are not available on commercially reasonable terms. In reliance upon such representations and pursuant to the Borrower’s request, the Lenders agree that the Borrower shall not be required to maintain such coverage or such policy provisions; provided, however, that the Borrower shall use its best efforts to obtain such coverage and such policy provisions, and in the event that such coverage or any of such policy provisions become available on commercially reasonable terms, the Borrower shall maintain such coverage and/or policy provisions, as applicable.
Sample 1
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Commercial Unavailability. The Municipality shall be solely responsible for compliance with any deadline or the performance of any work described in this Consent Order and Agreement that requires the acquisition and installation of equipment or contracting with a vendor. If it appears that the commercial unavailability of equipment or vendor may delay the Municipality’s performance of work according to the applicable implementation schedule, the Municipality shall notify the Department in accordance with the requirements of Paragraph 29.b of any such delays as soon as the Municipality reasonably concludes that the delay could affect its ability to comply with the implementation schedule. The Municipality shall propose a modification to the applicable schedule of implementation set forth herein. Prior to the notice required by this Paragraph, the Municipality must have undertaken reasonable efforts to obtain such equipment and/or contacted a reasonable number of vendors and obtained a written representation that the equipment and/or the vendor(s) are in fact commercially unavailable. In the notice, the Municipality shall reference this Paragraph, identify the milestone date(s) it contends it will not be able to meet, provide the Department with written correspondence to the vendor identifying efforts made to secure the equipment and/or services of the vendor, and describe the specific efforts the Municipality has taken and will continue to take to find such equipment or vendor. The Municipality may propose a modified schedule or modification of other requirements of this Consent Order and Agreement to address such commercial unavailability.
Sample 1
Commercial Unavailability. In the event, should any of the coverages required in this SECTION 3 become commercially unavailable on reasonable terms, the Borrower will notify the Collateral Agent of the coverages affected and request a waiver of the same and provide the Collateral Agent with a proposed remedy, such waiver shall not be unreasonably denied by the Collateral Agent and the Lenders.
Sample 1

Related to Commercial Unavailability

  • Unavailability In the event that the Administrative Agent shall have determined in good faith (i) that U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrowers and the Lenders. In the event of any such determination under clauses (i) or (ii) above, until the Administrative Agent shall have advised the Borrowers and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by a Borrower for Eurodollar Loans shall be deemed to be a request for Base Rate Loans (or Absolute Rate Competitive Bid Loans, as the case may be), and (B) any request by a Borrower for conversion into or continuation of Eurodollar Revolving Loans shall be deemed to be a request for conversion into or continuation of Base Rate Loans.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (B) the regulatory supervisor for the administrator of such Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (ii) if a tenor that was removed pursuant to clause (i) above either (A) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (B) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Unavailability of Deposits or Inability to Ascertain, or Inadequacy of, LIBOR If on or prior to the first day of any Interest Period for any Borrowing of Eurodollar Loans: (a) the Administrative Agent determines that deposits in U.S. Dollars (in the applicable amounts) are not being offered to it in the interbank eurodollar market for such Interest Period, or that by reason of circumstances affecting the interbank eurodollar market adequate and reasonable means do not exist for ascertaining the applicable LIBOR, or (b) the Required Lenders advise the Administrative Agent that (i) LIBOR as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Lenders of funding their Eurodollar Loans for such Interest Period or (ii) that the making or funding of Eurodollar Loans become impracticable, then the Administrative Agent shall forthwith give notice thereof to the Borrower and the Lenders, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make Eurodollar Loans shall be suspended.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • Portion of Products/Services Available If only a portion of Products and/or Services is available for shipment or performance to meet the Delivery Date, Supplier shall promptly notify DXC and proceed unless otherwise directed by DXC. Supplier shall be responsible for any cost increase in the shipment of Products due to its failure to meet the Delivery Date and/or if such method does not comply with DXC’s shipping instructions.

  • Floor Load Tenant shall not place a load upon any floor of the Premises that exceeds 50 pounds per square foot “live load”. Landlord reserves the right to reasonably designate the position of all Equipment which Tenant wishes to place within the Premises, and to place limitations on the weight thereof.

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