Process for No Adverse Effect Sample Clauses

Process for No Adverse Effect. The process for a finding of no adverse effect follows 36 C.F.R. 800.5 with the following additions: i. DHS will provide a submission package for CRS Undertakings not identified in Appendix A of this Agreement consistent with requirements identified in Stipulation II.b to the appropriate SHPO/THPO, Tribe, or NHO, or other parties as identified pursuant to 36 C.F.R. 800.3(f), of the no adverse effect determination as made by a DHS Qualified Professional. ii. If there is no response from the parties within thirty (30) calendar days from submission, DHS will follow 36 C.F.R. 800.5(d)(1) to document the fulfillment of Section 106 responsibilities and proceed accordingly. iii. If there is a disagreement with the federal finding and DHS determines the CRS Undertaking would result in an adverse effect determination, Section VI.b of this Agreement is followed. iv. If DHS maintains a no adverse effect determination and a disagreement persists, the process provided in 36 C.F.R. 800.5(c)(2) is followed.
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Process for No Adverse Effect. The process for a finding of no adverse effect follows 36 C.F.R. 800.5(3)(b) with the following additions: i. DHS will provide a submission package to the appropriate parties identified pursuant to 36 C.F.R. 800.3(f) of the no adverse effect determination as made by a DHS Qualified Professional. ii. If there is no response from the parties within thirty (30) calendar days, DHS shall assume concurrence and the completion of Section 106 responsibilities. iii. If there is a disagreement with the federal finding and DHS determines the CRS Undertaking would result in an adverse effect determination, Section VI.b of this Agreement is followed. iv. If DHS maintains a no adverse effect determination and a disagreement persists, the process provided in 36 C.F.R. 800.5(c)(2) is followed.
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Related to Process for No Adverse Effect

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • No Company Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Company Material Adverse Effect.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Absence of Company Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change, effect or development that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Financial Condition; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the respective dates thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein. (b) The Unaudited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the dates thereof and their results of operations for the periods covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) The Borrower has heretofore furnished to the Joint Lead Arrangers the consolidated pro forma balance sheet of the Borrower and its Subsidiaries as of March 31, 2015, and the related consolidated pro forma statement of operations of the Borrower as of and for the twelve-month period then ended (such pro forma balance sheet and statement of operations, the “Pro Forma Financial Statements”), which have been prepared giving effect to the Transactions (excluding the impact of purchase accounting effects required by GAAP) as if such Transactions had occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). The Pro Forma Financial Statements have been prepared in good faith, based on assumptions believed by the Borrower to be reasonable as of the date of delivery thereof, and present fairly in all material respects on a pro forma basis and in accordance with GAAP the estimated financial position of the Borrower and its Subsidiaries as of March 31, 2015, and their estimated results of operations for the periods covered thereby, assuming that the Transactions had actually occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). (d) Since the Closing Date, there has been no Material Adverse Effect.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

  • Parent Material Adverse Effect Since the date of this Agreement, there shall not have been any Parent Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Parent Material Adverse Effect.

  • No Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Material Adverse Effect.

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