Market Failure Sample Clauses
Market Failure. Notwithstanding any other provision in this Agreement, if the Agent determines that: (a) quotations of interest rates for the relevant deposits referred to in the definition of "LIBOR" are not being provided in the relevant amounts, or maturities for purposes of determining the rate of interest referred to in the definition of "LIBOR" or (b) the relevant rates of interest referred to in the definition of "LIBOR" which are used as the basis to determine the rate of interest for LIBOR Tranches are not likely to adequately cover the cost to any Bank of making or maintaining such Bank's ratable share of any LIBOR Tranche, then if the Agent so notifies the Borrower, the commitment of the Banks to make any Borrowing comprised of LIBOR Tranches shall be suspended until such condition has passed, all LIBOR Tranches shall be converted to Prime Rate Tranches as of the end of each applicable Interest Period or earlier if necessary, and all subsequent requests for LIBOR Tranches shall be deemed to be requests for Prime Rate Tranches.
Market Failure. If on or prior to the first day of any Interest Period for any Eurodollar Loan:
(i) Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(ii) the Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Loans for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, continue Eurodollar Loans, or to convert Eurodollar Loans and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans either prepay such Loans or convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Market Failure. 34 2.10 Payment Procedures and Computations.......................34 2.11 Taxes.....................................................36
Market Failure. First, the market does not always work properly, which may mean that environmental goods are priced wrongly. This is usually due to flaws in the way in which the market is set up in the first place. For instance, there may be informational difficulties in setting the price of such goods where this must be set centrally, as with environmental taxes; or, in a market for tradable permits, where the market is flooded with permits; or where there are insufficient players on the market. In addition, the market structure is simply not suitable for certain environmental aims, with the preservation of the biodiversity of protected or endangered species being a good example. Short of giving property rights over certain species or habitats to individual legal or natural persons (which many people would find unacceptable for such resources), there are few ways in which the costs of damage to such unique resources can properly be valued and “charged” to those who damage them.70 ▇▇▇▇▇▇▇▇ has termed this the idea of “
Market Failure. 44 17.3. Illegality.....................................................45 17.4. Compensation...................................................45 17.5. Treatment of Affected Loans....................................45 17.6. Taxes..........................................................46 17.6.1. Gross-Up....................................................46 17.6.2. Lenders' Undertakings.......................................47 17.6.3. Survival of Borrower's Obligations..........................47 17.7. Usury..........................................................48 18. General.............................................................48 18.1. Lenders' Right to Cure.........................................48 18.2. Rights Not Exclusive...........................................48 18.3. Survival of Agreements.........................................48 18.4. Assignments....................................................48 18.4.1. Permitted Assignments.......................................48 18.4.2. Consequences and Effect of Assignments......................49 18.4.3.
Market Failure. 29 2.10 Payment Procedures and Computations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2.11 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2.12 Change of Lending Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Market Failure. Notwithstanding any other provision in this Agreement, if the Agent determines that: (a) quotations of interest rates for the relevant deposits referred to in the definition of "LIBOR" are not being provided in the relevant amounts, or maturities for purposes of determining the rate of interest referred to in the definition of "LIBOR" or (b) the relevant rates of interest referred to in the definition of "LIBOR" which are used as the basis to determine the rate of interest for LIBOR Tranches will not adequately cover the cost to any Bank of making or maintaining such Bank's ratable share of any LIBOR Tranche, then if the Agent so notifies the Borrower, the Agent and the Banks' commitment to create LIBOR Tranches shall be suspended until such condition has passed, all LIBOR Tranches shall be converted to the Prime Rate Tranche as of the end of each applicable Interest Period, and all subsequent requests for LIBOR Tranches shall be deemed to be requests for Prime Rate Borrowings or continuations and conversions of the Prime Rate Tranche, as applicable, with respect to such Bank.
Market Failure. 25 2.9 Payment Procedures and Computations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2.10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Market Failure. If on or prior to the first day of any Interest Period for any LIBOR Loan:
17.2.1. Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate for such Interest Period; or
17.2.2. the Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the LIBOR Rate will not adequately and fairly reflect the cost to the Lenders of funding LIBOR Loans for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional LIBOR Loans, continue LIBOR Loans, or to convert LIBOR Loans and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding LIBOR Loans either prepay such Loans or convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Market Failure. 38 2.10 Payment Procedures and Computations............................................................38 2.11 Taxes..........................................................................................40 2.12 Change of Lending Office.......................................................................42 2.13 Dormant Guarantors.............................................................................43