Market Fluctuation Sample Clauses

Market Fluctuation. The Manager shall not be deemed to have breached this Agreement or the Investment Guidelines as a result of fluctuations arising from market movements and other events outside the control of the Manager provided that the Manager acts in accordance with the terms of this Agreement and its standard of care in its management of the Company’s assets in connection with such fluctuations.
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Market Fluctuation. (i) If the Lenders with more than two-thirds of the Outstanding Principal Balance under the Tranche B-2 Facility Amount notify the Facility Agent two Business Days prior to any Drawdown indicating that the Reference Rate cannot accurately reflect their funding costs, or the Facility Agent has recognized that the London interbank market has failed to provide information needed for the determination of Reference Rate; the Facility Agent shall forthwith notify the Borrower and the Lenders of the situation and determine an alternative rate in accordance with Sub-Items (ii) or (iii) hereof to replace the Reference Rate. Table of Contents (ii) Mutual Agreement on Alternative Reference Rate: After the Facility Agent has delivered the aforesaid notice, the Borrower and the Facility Agent shall immediately in good faith negotiate with the Lenders to reach mutual agreement on an alternative rate to replace the Reference Rate, including the applicable rate, interest days, and payment date. If all of the Lenders participating in the Tranche B-2 Facility Amount have reached a written agreement with the Borrower within thirty (30) days after receiving the aforesaid notice, the aforementioned alternative Reference Rate shall be in force retroactively at the relevant Drawdown Date.
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Market Fluctuation. Buyer and Seller recongize that the prevailing market price when delivery is required, or when the contract price is fixed, may differ substantially fromthe contract price, and each party agrees not to assert such a difference as an excuse for non performance hereunder or as a defense for damages for failure to perform in whole or in part.
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Market Fluctuation. THERE IS NO GUARANTEE UNDER THE PLAN AGAINST LOSS BECAUSE OF MARKET FLUCTUATION. IN SEEKING THE BENEFITS OF PARTICIPATION IN THE PLAN, A PARTICIPANT MUST ACCEPT THE RISK OF A DECLINE IN THE MARKET PRICE OF THE SHARE.
Sample 1
Market Fluctuation. Prices and availability of the enclosed products are subject to change without notice. Every effort is made to ensure prices are accurate, however errors may occur. We reserve the right to bill corrected prices. The most recent price list supersedes previously published price lists regardless of special pricing agreements. FULFILLMENT: Unitone provides blind and double blind drop-ship for our resellers. Our logo or identity will not be found in or on the box or paper work attached. Unitone uses FedEx, Ontrac, UPS, United States Postal Service or commercial truck for shipments inside and outside of the Local Delivery Area. Ground service orders totaling $500.00 or more are shipped free within the United States with the exception of Hawaii and Alaska. Unitone reserves the right to choose the carrier for any shipment in which Unitone is covering the freight charge. Orders totaling under $500.00 will be billed freight. Each package is subject to a $3.00 handling charge. Handling charges are per box, not per order, and are applicable to all shipments, regardless of freight agreements. Freight charges for the shipment of outsourced products are the responsibility of the customer, regardless of freight agreements. Estimated freight quotes are available upon request. Estimates are roughly calculated and may fluctuate when the shipment is processed. All surcharges and fees charged by the freight carriers will be passed on to the customer regardless of freight agreements. This includes but is not limited to: Residential Delivery Charge, Delivery Area Surcharge, Delivery Reattempt Charge, Extended Service Area Delivery or Pick up, Reroute of Shipment, Address Correction, Missing or Invalid Account Number (including account number correction when an account number is provided), Direct Signature Required, Indirect Signature Required, Adult Signature Required, Inside Pickup or Delivery and Liftgate Service. If an item is lost or damaged in shipping, the receiver must notify the driver and note the damage/missing item(s) on the delivery paperwork and notify Unitone as soon as the shortage or damage is discovered. If the shipment is damaged or items are missing and it is not noted at the time of delivery, Unitone will not be able to file a claim with the carrier and the product will be the responsibility of the customer. WARRANTY: See Unitone’s Two-Year Limited Laser Cartridge Warranty.
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Market Fluctuation. (i) If the Lenders with more than two-thirds of the Outstanding Principal Balance under the Tranche B Facility Amount notify the Facility Agent two (2) Business Days prior to any Drawdown indicating that the Reference Rate cannot accurately reflect their funding costs, or the Facility Agent has recognized that the London interbank market has failed to provide information needed for the determination of Reference Rate; the Facility Agent shall forthwith notify the Borrower and the Lenders of the situation and determine an alternative rate in accordance with Sub-Items (ii) or (iii) hereof to replace the Reference Rate.
Sample 1
Market Fluctuation. There is no guarantee under the Plan against loss because of stock market fluctuations. As all of the Company Contributions and Participant Contributions will be invested in common shares of the Company, the value of any Participant’s assets in the Plan will fluctuate as the trading price of the Shares fluctuates on the TSX Venture Exchange (or such other stock exchange as the Shares may trade). C:\filings\Tan Range\20f0305\pr4.doc
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Related to Market Fluctuation

  • Currency Fluctuations If on any Computation Date the Revolving Facility Usage is equal to or greater than the Revolving Credit Commitments as a result of a change in exchange rates between one (1) or more Optional Currencies and Dollars, then the Administrative Agent shall notify the Borrower of the same. The Borrower shall pay or prepay (subject to Borrower’s indemnity obligations under Sections 5.8 [Increased Costs] and 5.10 [Indemnity]) within one (1) Business Day after receiving such notice such that the Revolving Facility Usage shall not exceed the aggregate Revolving Credit Commitments after giving effect to such payments or prepayments

  • Market Orders are executed immediately at the best available price in the system.

  • Market Abuse 13.1 The Client acknowledges that he will not enter into any transaction which falls within the definition of market abuses of Seychelles Securities Xxx 0000 as amended. This rule applies to all forms of market abuse such as xxxxxxx xxxxxxx (an abusive exploitation of privileged confidential information), the misuse of information and directors trading in shares of their own companies; 13.2 If the Company suspects or has reasonable grounds to believe that the Client has been engaged into an abusive behavior as indicated above the Company reserves the rights to void and/or cancel part or all Client’s abusive trading transactions, close all and any of the Client’s trading accounts and terminate this Agreement under s.21.

  • Disruption 41.1 The Contractor shall take reasonable care to ensure that in the performance of its obligations under the Framework Agreement it does not disrupt the operations of the Authority, its employees or any other Contractor employed by the Authority. 41.2 The Contractor shall immediately inform the Authority of any actual or potential industrial action, whether such action be by their own employees or others, which affects or might affect its ability at any time to perform its obligations under the Framework Agreement. 41.3 In the event of industrial action by the Staff, the Contractor shall seek Approval to its proposals to continue to perform its obligations under the Framework Agreement. 41.4 If the Contractor’s proposals referred to in clause 41.3 are considered insufficient or unacceptable by the Authority acting reasonably, then the Authority may by notice terminate the Framework Agreement with immediate effect.

  • Market Price as of any date, (i) means the average of the last reported sale prices for the shares of Common Stock on the OTCBB for the five (5) Trading Days immediately preceding such date as reported by Bloomberg, or (ii) if the OTCBB is not the principal trading market for the shares of Common Stock, the average of the last reported sale prices on the principal trading market for the Common Stock during the same period as reported by Bloomberg, or (iii) if market value cannot be calculated as of such date on any of the foregoing bases, the Market Price shall be the fair market value as reasonably determined in good faith by (a) the Board of Directors of the Company or, at the option of a majority-in-interest of the holders of the outstanding Warrants by (b) an independent investment bank of nationally recognized standing in the valuation of businesses similar to the business of the corporation. The manner of determining the Market Price of the Common Stock set forth in the foregoing definition shall apply with respect to any other security in respect of which a determination as to market value must be made hereunder.

  • Open Market Purchases Failure of the Contractor to Perform within the time specified in the Contract, or failure to replace rejected or substandard Goods or fulfill unperformed Services when so requested and as the Contract provides or allows, constitutes a breach of the Contract and as a remedy for such breach, such failure shall constitute authority for DAS, if it deems it to be necessary or appropriate in its sole discretion, to Terminate the Contract and/or to purchase on the open market, Goods or Services to replace those which have been rejected, not delivered, or not Performed. The Client Agency shall invoice the Contractor for all such purchases to the extent that they exceed the costs and expenses in Exhibit B and the Contractor shall pay the Client Agency’s invoice immediately after receiving the invoice. If DAS does not Terminate the Contract, the Client Agency will deduct such open market purchases from the Contract quantities. However, if the Client Agency deems it to be in the best interest of the State, the Client Agency may accept and use the Goods or Services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Client Agency.

  • Ability to Bear Economic Risk Each Purchaser acknowledges that investment in the Securities involves a high degree of risk, and represents that it is able, without materially impairing its financial condition, to hold the Securities for an indefinite period of time and to suffer a complete loss of its investment.

  • Financial Risk The Warrantholder has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its investment, and has the ability to bear the economic risks of its investment.

  • Market Timing Dealer represents that it has and will maintain policies and procedures to detect and prevent any market timing transaction that contravenes the restrictions or prohibitions on market timing, if any, as found in the then current Funds’ prospectus and/or statement of additional information. Dealer acknowledges that it is responsible for the sales activities of its licensed representatives including, among other things, improper trading activity in violation of the terms and conditions of the Fund’s then current prospectus.

  • Markets We shall not be liable for any act taken by or on the instruction of an exchange, clearing house or regulatory body.

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