New Circumstances. The Parties acknowledge that the Robustness Rules impose certain obligation on Adopters in the event of New Circumstances (as defined in the Robustness Rules). Content Participant may notify Licensor of information regarding any circumstances that Content Participant believes in good faith constitute New Circumstances with respect to one or more Adopters, and Licensor shall make such information available to the relevant Adopters.
New Circumstances. The Parties acknowledge that the Robustness Rules impose certain obligations on Licensees in the event of New Circumstances (as defined in the Robustness Rules). Content Distributor may notify CI Plus TA of information regarding any circumstances that Content Distributor believes in good faith constitute New Circumstances with respect to one or more Licensees, and CI Plus TA shall make such information available to the relevant Licensees.
New Circumstances. The Robustness Rules impose certain obligations on Licensees in the event of New Circumstances (as defined in the Robustness Rules). Content Distributor may notify CI Plus LLP of information regarding any circumstances that Content Distributor believes in good faith constitute New Circumstances with respect to one or more Licensees, and CI Plus LLP shall make such information available to the relevant Licensees.
New Circumstances. (a) The provisions of this Section 6.2.6.4 shall apply in the event that
(i) Licensee’s DVD Products are in compliance with the criteria set forth in Sections 6.2.6.1, 6.2.6.2, and 6.2.6.5 at the time such DVD Products are designed and at any time thereafter
(A) new Widely Available Tools or new Specialized Tools (as defined in Section 6.2.5.2(a)(i)) come into the market, such that if such tools had been so available at the time of the design or such DVD Products, such availability would have caused such DVD Products to fail to comply with Sections 6.2.6.1, 6.2.6.2, or 6.2.6.5; and
(B) it is reasonable to conclude, based on facts made known to Licensee, that such availability is substantially likely to pose meaningful harm in the commercially foreseeable future to other CSS Licensees or Motion Picture Companies; or
(ii) there has been a “New Circumstances” determination as provided in Section 6.2.6.5(b)(iii) or Section 6.2.6.5(c)(iv). The occurrence of the circumstances described in this Section 6.2.6.4(a)(i) or (ii) shall be referred to herein as “New Circumstances.”
(b) Upon (1) Licensee having actual notice of New Circumstances, (2) Licensee having actual knowledge of New Circumstances, (3) learned information that should reasonably have led it to believe – based on the information having been learned by individuals in the business unit responsible for Licensee’s design or production of DVD Products – that New Circumstances exist or (4) the occurrence of a determination of New Circumstances by Licensee or the Task Force pursuant to Section 6.2.6.5, Licensee shall promptly redesign or replace its affected DVD Products and, as soon as “reasonably practicable,” incorporate such redesign or replacement into its affected DVD Products, cease manufacturing affected DVD Products, and cease sales of affected DVD Products. A “reasonably practicable” time period shall be determined by taking into account, without regard to the actual resources of Licensee, (A) the substantiality of the actual and potential harm resulting from the New Circumstances, and (B) the technological difficulty of designing an engineering solution, or the feasibility of obtaining a license, to (i) cure the failure arising from the New Circumstances, (ii) redesign or replace the affected DVD Products, and/or (iii) incorporate such redesign or replacement into affected DVD Products.
(c) In general, and subject to Section 6.2.6.4(d),
(i) such incorporation of the redesign or replacement shall ...
New Circumstances. 1 The provisions of the Credit Line have been fixed in accordance with the economic and financial conditions, both national and international, and with the legal, fiscal, monetary and professional conditions in force at the time of the signature of the Credit Line in France and abroad.
New Circumstances. 14.1 Save as otherwise provided in Clause 8 hereof, if:
(A) there is any change in applicable law, regulation or regulatory requirement or in the interpretation or application thereof; or
(B) compliance by either Party (the "Relevant Party") with any applicable direction or requirement of any competent authority shall impose, modify or deem applicable any reserve requirements or require the making of any special deposits against or in respect of any assets or liability of, deposit with or for the account of, or loans by, the Relevant Party; and the result thereof is either to increase the costs to the Relevant Party of making available or maintaining the Amount or any part thereof or to reduce the amount of any payment received or receivable by the Relevant Party under this Agreement then:
(a) the Relevant Party shall notify the other Party as soon as possible of the happening of such event;
(b) the other Party shall pay to the Relevant Party on demand such amount as may be necessary to compensate the Relevant Party (as set out in any explanatory certificate provided by the Relevant Party) for such additional costs or such reduction; and
(c) so long as such additional costs continue or as the case may be so long as the circumstances giving rise to such reduction continue the other Party shall have the right:
(A) on giving not less that (10) Business Days' notice to the Relevant Party to terminate this Agreement with the result that the Amount together with any interest accrued thereon or less any interest to be deducted therefrom shall become immediately due and repayable; or
(B) at any time without premium penalty or other charge to reduce the maximum amounts available for deposits and/or borrowings hereunder to any amounts being not more than (whilst any sums are outstanding under the Agreement and not repaid) the Amount.
14.2 In the event that it becomes unlawful in any relevant jurisdiction for either Party (the "Relevant Party") to comply with its obligations or maintain the Loan Amount under this Agreement, this Agreement shall immediately terminate and the Amount (if any), together with all accrued interest thereon and all other such sums then outstanding under this Agreement less any interest to be deducted from the Amount shall become immediately due and repayable upon receipt by the other Party of a notice from the Relevant Party.
New Circumstances. If as a result of the introduction or of a change in any applicable law, rule, regulation (concerning issues such as taxes) or the official interpretation thereof, the conditions of the Lender's participation in the Agreement are significantly altered—as determined by the Lender in its sole discretion—, the Lender shall promptly inform the Borrower of such an incident. The parties would then negotiate in good faith with a view to finding a solution for continuing the Agreement. The Borrower irrevocably undertakes to pay to the Lender such additional amount as determined by the Lender to be necessary to compensate the Lender for the additional cost or the reduced income undergone by the Lender as a result thereof. However, in such a case the Borrower will have the right to terminate the Agreement by promptly giving notice thereof.
New Circumstances. (a) The provisions of this Section 6.2.6.4 shall apply in the event that
(i) Licensee’s DVD Products are in compliance with the criteria set forth in Sections 6.2.6.1, 6.2.6.2, and 6.2.6.5 at the time such DVD Products are designed and at any time thereafter
(A) new Widely Available Tools or new Specialized Tools (as defined in Section 6.2.5.2(a)(i)) come into the market, such that if such tools had been so available at the time of the design or such DVD Products, such availability would have caused such DVD Products to fail to comply with Sections 6.2.6.1, 6.2.6.2, or 6.2.6.5; and
(B) it is reasonable to conclude, based on facts made known to Licensee, that such availability is substantially likely to pose meaningful harm in the commercially foreseeable future to other CSS Licensees or Motion Picture Companies; or
(ii) there has been a “New Circumstances” determination as provided in Section 6.2.6.5(b)(iii) or Section 6.2.6.5(c)(iv). The occurrence of the circumstances described in this Section 6.2.6.4(a)(i) or
New Circumstances. 11.1 Additional costs
(a) Within the meaning of this Agreement, a "change of regulation" shall include:
(i) any modification in force after the date of this Agreement, of the regulations applicable on such date;
(ii) any modification brought by a relevant authority after the date of this Agreement to the interpretation of a regulation or to the conditions in which it intends to have it applied;
(iii) communication to a Bank of a recommendation, instruction or request by a central bank, a tax, monetary or other authority, even if it is not mandatory, if it would be in compliance with the bank practices in the country concerned with such compliance.
(b) The conditions of the remuneration of the Banks have been set according to credit, tax, monetary and professional regulations applicable on the date of this Agreement (in particular those concerning risk control and solvency of credit institutions). Consequently, if as a result of a change of regulation:
(i) a Bank decreases the net remuneration of its capital or the net remuneration received due to its Global Participation; or
(ii) a Bank incurs a cost (or an additional cost, as the case may be) due to its obligations as Bank or due to its Global Participation; the Borrower shall pay, upon the Agent's request, the sums necessary to indemnify such Bank for the decrease in remuneration referred to in paragraph (i) or the costs referred to in paragraph (ii) except, in the latter case, if the cost corresponds to a tax being the purpose of Article 10 (Taxation).
New Circumstances. 4.1 If due to any change in (or in the interpretation of) any applicable laws, regulations, directives or requirements of any authority (including the introduction of or change in any reserve or liquidity requirements), our cost of maintaining the Facilities is increased or our return from the Facilities is decreased, you shall pay us such reasonable sum as will compensate us for such increase or decrease, provided that we shall notify you of such increase or decrease as soon as we are aware of the same and shall give you information on the calculation of such increase or decrease.
4.2 If at any time (a) it becomes unlawful for us to make, fund or allow to remain outstanding any of the Facilities or (b) it is or will become unlawful for you to perform or comply with any of your obligations under the Facilities, then (i) we shall be entitled to cancel the Facilities and (ii) if we so reasonably require, you shall on such date as we shall specify repay all outstandings under the Facilities (together with accrued interest) and/or pay to us such amount equals to the contingent or future liabilities under the Facilities.
