Common use of Impossibility of Performance Clause in Contracts

Impossibility of Performance. In the event that the Borrower or the Bank cannot perform under a FX Transaction due to force majeure or an act of State or it becomes unlawful or impossible to perform, all in the good faith judgement of the Borrower or the Bank, then upon notice to the other party, the Borrower or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 9 contracts

Samples: Credit Agreement (Applied Signal Technology Inc), Credit Agreement (Scientific Technologies Inc), Credit Agreement (Micrel Inc)

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Impossibility of Performance. In the event that the Borrower or the Bank cannot perform under a an FX Transaction due to force majeure or an act of State or it becomes unlawful or impossible to perform, all in the good faith judgement judgment of the Borrower or the Bank, then upon notice to the other party, the Borrower or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Biolase Technology Inc), Credit Agreement (Biolase Technology Inc)

Impossibility of Performance. In the event that the Borrower or the Bank cannot perform under a FX Transaction due to force majeure or an act of State or it becomes unlawful or impossible to perform, all in the good faith judgement of the Borrower or the Bank, then upon notice to the other party, the Borrower or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alphatec Holdings, Inc.)

Impossibility of Performance. In the event that the Borrower Borrowers or the Bank cannot perform under a FX Transaction due to force majeure or an act of State or it becomes unlawful or impossible to perform, all in the good faith judgement of the Borrower Borrowers or the Bank, then upon notice to the other party, the Borrower Borrowers or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Osi Systems Inc)

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Impossibility of Performance. In the event that the Borrower or the Bank cannot perform under a FX Transaction due to force majeure or an act of State or it becomes unlawful or impossible to perform, all in the good faith judgement judgment of the Borrower or the Bank, then upon notice to the other party, the Borrower or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alphatec Holdings, Inc.)

Impossibility of Performance. In the event that the Borrower or the Bank cannot perform under a FX Transaction due to force majeure or an act of State state or it becomes unlawful or impossible to perform, all in the good faith judgement of the Borrower or the Bank, then upon notice to the other party, the Borrower or the Bank may require the close-out and liquidation of the affected FX Transaction in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Micrel Inc)

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