Failure to Select. Should the parties fail to agree on the selection of a single arbitrator, the matter shall be referred to the Minister of Labour for the Government of Canada, with the request that appoint an impartial arbitrator. The cost of the services of the arbitrator, and all other incidental costs, shall be borne equally by both parties. The arbitration decision should be rendered as soon as possible. Powers of the Arbitrator The arbitrator shall have no power to add to or subtract from or to modify the terms of this Agreement or any Agreement made supplementary hereto and shall render a decision not inconsistent with the terms of this Agreement. Where the arbitrator's finding on a discharge grievance is in the employee's favour, shall have the power to remedy the discharge through reinstatement or a monetary award without reinstatement, as deems appropriate.
Failure to Select. When the Borrower does not select an Interest Period in accordance with paragraph (B) or paragraph (A), the Interest Period will be three months or such other period as will comply with Clause 8.4.
Failure to Select. If the Borrower fails to specify an Optional Currency, it shall be deemed to have specified Dollars for the L/C concerned. 5 AMOUNT OF OPTIONAL CURRENCIES
5.1 Lender’s spot rate of exchange. In this Clause 5, the “Lender’s spot rate of exchange” means the Lender’s rate of exchange for the purchase in the London Foreign Exchange Market of the appropriate amount of the relevant Optional Currency with Dollars at or about 11.00 a.m. on, as the case may be, each Utilisation Date on which an Optional Currency L/C is to be issued or on which a previously issued Optional Currency L/C remains outstanding, the Settlement Date of an Optional Currency L/C and each Facility Reset Date, as relevant (each an “L/C Valuation Date”).
Failure to Select. If upon the payment of any Initial Consideration or upon the expiry of any Settlement Period in respect of which Discount Charge is to be determined by reference to LIBOR, the Company has failed to select a new Settlement Period to be applicable thereto or if any Event of Default then exists, the Company shall be deemed to have elected for the Discount Charge to be calculated by reference to the Reference Rate as of the expiry date of such Settlement Period.
Failure to Select. If upon the expiration of any Interest Period applicable to LIBOR Loans, the Borrower has failed to select a new Interest Period to be applicable to such LIBOR Loans, the Borrower shall be deemed to have elected to convert such LIBOR Loans into Prime Rate Loans effective as of the last day of such current Interest Period.
Failure to Select. Upon failure of the arbitrators to agree on the selection of a Chairman, or of the parties to agree on the selection of a single arbitrator, the matter shall be referred to the Minister of Labour for the Government of Canada, with the request that appoint an impartial Chairman or arbitrator. costs The cost of the servicesof the Chairman, or the single arbitrator, and all incidental costs shall be borne equally by both parties. Timely Decision The arbitration decision should be rendered as soon as possible.
Failure to Select. If Borrower shall fail to give a notice of selection, conversion, or continuation with respect to the amount outstanding under the Note prior to the end of any Interest Period applicable thereto as provided in subparagraph (b) hereof, or if there has otherwise been no interest rate selected for amounts outstanding, then the interest rate shall automatically convert to the Prime Rate Basis until such time as Borrower shall select an applicable interest rate in accordance with the provisions hereof.
