Funds Unavailable. District reserves the right to immediately cancel this Contract by written notice if funds become unavailable for the support of the program for which the Services are provided.
Funds Unavailable. If sufficient funds are not legally available for repayment of all of the Debentures under Section 10.2 hereof or payment of the redemption amount under Section 10.3 hereof following the occurrence of a Triggering Event, the Company and its Subsidiaries will take all lawful action necessary to enable the Company to make such payment to the fullest extent possible, including without limitation, (i) the sale of additional equity securities, (ii) any necessary action under applicable law to reduce the Company's surplus or other funds legally available, (iii) additional borrowing by, or a refinancing of, the Company, (iv) asset sales and (v) a sale of the Company or Subsidiaries to a third party. The Company will retain, at the Company's expense and with the consent of the Purchaser, an investment banking firm to assist the Company in taking the action referred to in the preceding sentence; such investment banking firm shall provide its service to the Company under the direction of a committee which will have two members, one of whom will be a representative of the Company and the other will be a representative of the Purchaser. Except as provided in the following paragraph, the foregoing shall not preclude the holders of Debentures from availing themselves of any other remedy available at law or equity at any time to collect amounts due and payable to them by the Company.
Funds Unavailable. If sufficient funds are not legally available for payment of the redemption amount under Section 10.2 hereof following the occurrence of a Triggering Event, the Company and its Subsidiaries will take all lawful action necessary to enable the Company to make such payment to the fullest extent possible, including without limitation, (i) the sale of additional equity securities, (ii) any necessary action under applicable law to reduce the Company's surplus or other funds legally available, (iii) additional borrowing by, or a refinancing of, the Company, (iv) asset sales and (v) a sale of the Company or Subsidiaries to a third party. The Company will retain, at the Company's expense and with the consent of the Purchaser, an investment banking firm to assist the Company in taking the action referred to in the preceding sentence; such investment banking firm shall provide its service to the Company under the direction of a committee which will have two members, one of whom will be a representative of the Company and the other will be a representative of the Purchaser. Except as provided in the following paragraph, the foregoing shall not preclude the holders of the Note or the Warrant from availing themselves of any other remedy available at law or equity at any time to collect amounts due and payable to them by the Company.
Funds Unavailable. Notwithstanding any other provision of this Agreement, if, prior to the first day of the Interest Period for a Fixed Rate Loan or Daily Pricing Loan, the Bank shall determine for any reason whatsoever (which determination shall be conclusive and binding on the applicable Borrower), that:
Funds Unavailable. Notwithstanding any other provision of this Agreement, if, prior to the first day of the Interest Period for a CD, Eurodollar, G-7 Currency or BA Loan, any Bank (or, in the case of clause (b) below, the applicable Agent) shall determine for any reason whatsoever (which determination shall be conclusive and binding on the applicable Borrower), that:
Funds Unavailable. District may cancel this Agreement if funds become unavailable for the support of the program for which the Services are provided.
