Determination of Adverse Effect Sample Clauses

Determination of Adverse Effect. Any determination of an adverse effect on the interest of the Issuer Secured Parties or the Noteholders shall be made without consideration of the availability of funds under the Note Policy.
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Determination of Adverse Effect. Any determination of an adverse effect on the interest of the Secured Parties or the Certificateholders shall be made without consideration of the availability of funds under the Policies.
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Determination of Adverse Effect. ‌ 48 a. If the Corps determines that a specific Project phase, feature, type of effect, and/or 49 individual APE may alter, directly or indirectly, any of the characteristics of a historic 50 property that qualify the property for inclusion in the National Register in a manner that 51 would diminish the integrity of the property's location, design, setting, materials, 52 workmanship, feeling, or association resulting in an adverse effect to a historic property, 1 the Corps shall notify the Consulting Parties of the determination.
Sample 1
Determination of Adverse Effect. If NPS determines that the project will result in an “Adverse Effect,” or intensified or cumulative “Adverse Effects,” it will notify the Signatories in writing, provide sufficient documentation to support its determination; share the determination via email, post each project submittal and determination to NPS’s PEPC website for Consulting Party review, and consult further with the Signatories and Consulting Parties to seek ways to avoid, minimize, and mitigate those additional “Adverse Effect(s).” a. The Signatories and Consulting Parties shall have thirty (30) days from receipt/posting of an adequately documented submission to review and comment on the determination. The DC SHPO shall have an additional fifteen (15) days to review and comment to take into account the comments of Consulting Parties and other Signatories. These review periods will occur prior to conducting a Consulting Parties meeting, if required. b. The NPS will consult with the DC SHPO to determine if a Consulting Parties meeting(s) is required in accordance with Stipulation III.A.1.c and will allow for sufficient time for consultation as appropriate. c. If all parties agree that avoidance is possible, NPS will modify its plans accordingly, document the finding with the DC SHPO, and implement the phase(s) in the manner that avoids the “Adverse Effect(s).” d. If avoidance is not possible, NPS shall consult further with the Signatories and Consulting Parties to identify ways to minimize or mitigate the “Adverse Effect(s).” e. The process for identifying archeological historic properties and determining if there will be Adverse Effects to archeological historic properties and associated avoidance, minimization, and mitigation measures are outlined under Stipulation IV.
Sample 1
Determination of Adverse Effect. If NPS determines that the project will result in any “Adverse Effects,” or intensified or cumulative “Adverse Effects,” it will notify the Signatories in writing, provide sufficient documentation to support its determination; share the determination via email, post each project submittal and determination to a specific project website, or post the information to NPS’s PEPC website for Consulting Party review, and consult further with the Signatories and Consulting Parties to seek alternatives or modifications to the Plan to avoid, minimize, and/or mitigate those additional “Adverse Effect(s).” a. The Signatories and Consulting Parties shall have thirty (30) days from receipt/posting of an adequately documented submission to review and comment on the determination. The DC SHPO shall have an additional fifteen (15) days to review and comment to take into account the comments of Consulting Parties and other Signatories. A Consulting Parties meeting, if required, will occur during or after the review periods. b. The NPS will consult with the DC SHPO to determine if a Consulting Parties meeting(s) is required in accordance with Stipulation III.A.1.b and will allow for sufficient time for consultation as appropriate. If all parties agree that avoidance is possible, NPS will modify its plans accordingly, document the finding with the DC SHPO, and implement the project in the manner that avoids the “Adverse Effect(s).” c. If avoidance is not possible, the NPS shall consult further with the Signatories and the Consulting Parties to identify ways to minimize or mitigate the “Adverse Effect(s)” and to amend this MOA as necessary.
Sample 1

Related to Determination of Adverse Effect

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this §8. All indemnification payments under this §8 shall be deemed adjustments to the Purchase Price.

  • Notice of Adverse Change Recipient shall promptly notify OBDD of any adverse change in the activities, prospects or condition (financial or otherwise) of Recipient or the Project related to the ability of Recipient to perform all obligations required by this Contract.

  • Absence of Adverse Changes From the date hereof until the Closing, there will have been no material adverse change in the financial or business condition of the Company.21

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) (i) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheets of Borrower and its Consolidated Subsidiaries dated August 31, 2006, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to Agent or Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Borrower and its Subsidiaries on a consolidated basis. (e) The forecasted balance sheet and statements of income and cash flows of Borrower and its Consolidated Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, Borrower’s best estimate of its future financial condition and performance.

  • No Adverse Selection No selection procedures adverse to Noteholders have been employed in selecting the Contracts.

  • No Adverse Interpretation of Other Agreements This Indenture may not be used to interpret another indenture, loan or debt agreement of the Company or any of its Subsidiaries. Any such indenture, loan or debt agreement may not be used to interpret this Indenture.

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