Emergency Actions. If the Collateral Agent has asked the Required Creditors for instructions following the receipt of any notice of an Event of Default and if the Required Creditors have not responded to such request within 30 days, the Collateral Agent shall be authorized to take such actions with regard to such Event of Default which the Collateral Agent, in good faith, believes to be reasonably required to protect the Collateral from damage or destruction; provided, however, that once instructions have been received from the Required Creditors, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action which would be contrary to such instructions.
Emergency Actions. If the Collateral Agent has asked the Secured Parties for instruction and the Required Secured Parties or Acting Secured Parties, as applicable, have not yet responded to such request, the Collateral Agent shall be authorized to take, but shall not be required to take, and shall in no event have any liability for the taking, any delay in taking or the failure to take, such actions (other than any action described or permitted under Section 6.7) with regard to a Default or Event of Default which the Collateral Agent, in good faith, believes to be reasonably required to promote and protect the interests of the Secured Parties and to preserve the value of the Collateral and shall give the Secured Parties appropriate notice of such action; provided that once instructions with respect to such request have been received by the Collateral Agent from the Required Secured Parties or Acting Secured Parties, as applicable, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action which would be contrary thereto.
Emergency Actions. The Collateral Agent is authorized, but not obligated, to take any action reasonably required to perfect or continue the perfection or effectiveness of the Liens in the Collateral for the benefit of the Secured Parties and following the occurrence of a Default or Event of Default and before the Required Lenders have given the Collateral Agent directions, to take any action (subject to the restrictions in Section 5.02) which the Collateral Agent, in its sole discretion and good faith, believes to be reasonably required to protect the interests of the Lenders and to maximize both the value of the Collateral and the present value of the recovery by the Lenders on the Obligations; provided, however, that once such directions have been received, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action which would be contrary thereto. The Collateral Agent shall give written notice of any such action to the Lenders within one Business Day and shall cease any such action upon its receipt of written instructions from the Required Lenders.
Emergency Actions. A. Pursuant to 36 C.F.R. § 800.12, emergency response includes those actions deemed necessary by the Corps as an immediate and direct reaction to a disaster or emergency declared by the President of the United States, Governor of California, or tribal government, or other immediate threat to life or property. Emergency actions under this PA are only those implemented within thirty (30) days from the initiation of the emergency situation. The Corps may request an extension of the period of applicability from the ACHP and SHPO prior to the expiration of the thirty (30) days.
B. If the emergency action has the potential to affect historic properties, the Corps shall notify the SHPO, interested Indian tribes, and other Consulting Parties as appropriate prior to undertaking the action, when feasible. As part of the notification, the Corps shall provide a plan to address the emergency. The SHPO and other Consulting Parties shall have seven (7) calendar days to review and comment on the plan to address the emergency. If the SHPO and other Consulting Parties do not comment or do not object to the plan within the review period, the Corps shall implement the proposed plan.
C. If the Corps is unable to consult with the SHPO and other Consulting Parties prior to carrying out emergency actions, the Corps shall notify the SHPO and other Consulting Parties as appropriate within forty-eight (48) hours after the initiation of the emergency action. This notification shall include a description of the emergency action taken, the effects of the action(s) to historic properties, and, where appropriate, any further proposed measures to avoid, minimize, or mitigate potential adverse effects to historic properties. The SHPO and other Consulting Parties shall have seven (7) calendar days to review and comment on the proposal where further action is required to address the emergency. If the SHPO and other Consulting Parties do not object to the plan within the review period, the Corps shall implement the proposed plan.
D. Where possible, the Corps shall ensure that such emergency actions shall be undertaken in a manner that does not foreclose future preservation or restoration of historic properties. Where such emergency actions may affect historic buildings, they shall be undertaken in a manner that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. (xxxx://xxx.xxx.xxx/tps/standards.htm). In addition, where possible, the Corps sh...
Emergency Actions. If the Collateral Agent has asked the Payees for instructions with regard to an Event of Default and if the Payees have not yet responded to such request, the Collateral Agent shall be authorized to take such actions with regard to such Event of Default which the Collateral Agent, in good faith, believes to be reasonably required to promote and protect the interests of the Payees and to maximize both the value of the Collateral and the present value of the recovery by each of the Payees on the Obligations; provided, however, that once instructions have been received from the Requisite Payees which comply with Section 16(f) hereof, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action which would be contrary thereto.
Emergency Actions. If the Collateral Agent has asked the Secured Parties for instruction and if the Required Secured Parties have not yet responded to such request, the Collateral Agent shall be authorized to take, but shall not be required to take and shall in no event have any liability for the taking or the failure to take, such actions (other than any action described or permitted under (S)6.7 hereof) with regard to a Default or Event of Default which the Collateral Agent, in good faith, believes to be reasonably required to promote and protect the interests of the Secured Parties and to preserve the value of the Collateral and shall give the Secured Parties appropriate notice of such action; provided that once instructions with respect to such request have been received by the Collateral Agent from the Required Secured Parties, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action which would be contrary thereto.
Emergency Actions. In the event that it is necessary to make expenditures which are not provided for in the Annual Business Plan, or to take any other action which requires the approval of NYSCRF under Section 6.04, but which is required under emergency court order, executive order or legislation, or which the General Partner, in good faith, believes appropriate in an emergency to avoid risk to life or health or facilitate the preservation of any portion or all of the Company’s assets, and the General Partner reasonably determines that there is insufficient time to obtain such approval and that any delay in making such expenditures or taking such action could result in a violation of law or materially adversely affect the value of the Company assets or could materially increase the risk to life or health, then the General Partner shall be authorized to bind the Company for any expenditures or in any other action taken on behalf of the Company in such emergency. The General Partner shall notify NYSCRF of any exercise of its power and authority under this Section as soon as practicable thereafter.
Emergency Actions. Notwithstanding the foregoing, in the event Operator or Operator’s Representatives have caused damage to Town Roads of a magnitude sufficiently great to create a hazard to the motoring public, which in Town’s opinion warrants an immediate repair or Town Road closing, Town may unilaterally close those Town Road(s) affected and make or authorize repair, with the reasonable, documented costs thereof paid for by Operator from the Maintenance Account as described in Section 2.E. of this Agreement. Both Parties acknowledge that while Town is the Jurisdictional Authority for those Town Roads listed in Exhibit B, certain emergency situation(s) may arise that fall under law enforcement, fire district or emergency management control. In such situations the road may be closed to traffic, including traffic from the Project, outside the control of Town. Town shall not be responsible for any harm to Operator, Operator’s Representatives or the Project that may result from Town Road closings that occur due to such emergencies.
Emergency Actions. If the Collateral Agent has asked the Secured ----------------- Parties for instructions and if the Required Noteholders have not yet responded to such request, the Collateral Agent shall be authorized to take, but shall not be required to take and shall in no event have any liability for the taking or the failure to take, such actions, other than any action described or permitted under Section 21 hereof, with regard to a Default or ---------- Event of Default that the Collateral Agent, in good faith, believes to be reasonably required to promote and protect the interests of the Secured Parties and to maximize both the value of the Collateral and the present value of the recovery by the Secured Parties on the Secured Obligations and shall give the Secured Parties appropriate notice of such action, provided that once instructions with respect to such request have been received by the Collateral Agent from the Required Noteholders, the actions of the Collateral Agent shall be governed thereby and the Collateral Agent shall not take any further action that would be contrary thereto.
Emergency Actions. 1. The Parties shall consult each other promptly at the request of either Contracting Party whenever imports of products or originating in the territory of the other Contracting Party causes or threatens to cause injury to domestic producers of like or directly comparative products, with the aim of finding immediate solutions to the problems raised.
2. If as result of the said consultations the Contracting Parties are unable to reach Agreement, within a 30 days from the date of written request by the Contracting Party concerned, on the means of preventing or remedying injury, the importing Contracting Party will be free to take appropriate measures relative to the import of the products concerned to the extent and for such time as is necessary to prevent occurrence of injury.
3. In critical circumstances, where emergency action is necessary to prevent or remedy such injury, the importing Contracting Party may take appropriate measures without prior consultation, on the condition that the consultation be offered immediately after taking such measures.
4. In the selection of measures under this Article, the Contracting Parties shall endeavor to give priority to those measures which cause the least disturbances to the functioning of this Agreement.
