Proposed Determination Sample Clauses

Proposed Determination. A. Area Characterization The Xxxxxxxxxx Xxxxxx NAA is located in south central Louisiana, approximately sixty kilometers north of Lafayette, Louisiana; it encompasses a rectangular area (2150 meters by 3000 meters) approximately six kilometers north of the city of Ville Platte, bounded by the designated NAA coordinate vertices provided in table 1. The Xxxxxxxxxx Xxxxxx NAA includes the Cabot carbon black plant within the extent of the modeled SO2 violation impacts from Cabot. Table 1—Boundary Corner Coordinates of the Xxxxxxxxxx Xxxxxx Rectangular Nonattainment Area UTM 8 Easting (m) UTM Northing (m) UTM Zone Datum 570250 ......................................................................................................................................... 3400300 15 NAD 83 570250 ......................................................................................................................................... 3403300 15 NAD 83 572400 ......................................................................................................................................... 3403300 15 NAD 83 572400 ......................................................................................................................................... 3400300 15 NAD 83 B. Evaluation of SO2 Emissions Data and Modeling As noted earlier, the EPA based the nonattainment designation on modeling submitted by LDEQ. In our review of that modeling, as documented in EPA’s TSD 9 accompanying the designation, we concluded that the source characterization, modeling parameters, and modeling techniques submitted by LDEQ for this designation conformed with the guidelines of the EPA’s modeling Technical Assistance Document (TAD).10 The EPA’s designation of the Xxxxxxxxxx Xxxxxx area relied on the modeled SO2 emissions for the years 2013 through 2015. Cabot is the only major SO2 source in the parish. These SO2 emissions are generated from Cabot’s carbon black manufacturing facility through the process of converting carbonaceous feedstock materials into various grades of carbon black in a mostly continuous process, wherein Cabot’s feedstock inherently contains sulfur compounds that are combusted, oxidized, and emitted with the tail gas as SO2. Following the designation, Xxxxx has not completed the installation of controls to reduce emissions, and the State has not provided a demonstration that the area has attained the NAAQS. The EPA evaluated annual SO2 emissions trends for the only major...
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Proposed Determination. The Division has made the tentative determination to issue the permit.
Proposed Determination. The USTR proposes to determine, pursuant to section 306(b) of the Trade Act, that the measures the EC has undertaken to apply as of January 1, 1999 with respect to this banana regime fail to implement the WTO recommendations. Such a determination will require the USTR also to determine what further action to take under section 301(a) in the event that the EC has failed to implement the WTO recommendations by January 1, 1999. Permissible actions include: action to suspend, withdraw or prevent the application of benefits of trade agreement concessions to the EU; imposition of duties or other import restrictions on goods of the EU or fees or restrictions on services of the EU; and restriction or denial of service sector access authorizations with respect to services of the EU. The USTR intends to determine by December 15, 1998 what action to take. Written CommentsRequirements for Submissions Section 306(c) of the Trade Act provides that the USTR shall allow an opportunity for the presentation of views by interested parties prior to the issuance of a determination pursuant to section 306(b). Interested persons are invited to submit written comments on:

Related to Proposed Determination

  • Accounting Terms and Determination Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements of the Borrower delivered pursuant to Section 5.1(a); provided, that if the Borrower notifies the Administrative Agent that the Borrower wishes to amend any covenant in Article 6 to eliminate the effect of any change in GAAP on the operation of such covenant (or if the Administrative Agent notifies the Borrower that the Required Lenders wish to amend Article 6 for such purpose), then the Borrower’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to the Borrower and the Required Lenders. Notwithstanding the foregoing, for purposes of determining compliance with any covenant (including computation of any financial covenant) contained herein, Indebtedness of the Borrower and its Subsidiaries shall be deemed to be carried at 100% of the outstanding principal amount thereof, and the effects of FASB ASC 825 on financial liabilities shall be disregarded. Notwithstanding any other provision contained herein, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made without giving effect to any change in GAAP occurring after the date of this Agreement regarding the accounting treatment for Operating Leases such that any lease (whether in existence as of the date of this Agreement or thereafter incurred) that would, under GAAP as in effect on the date of this Agreement, be classified as an Operating Lease and as an expense item shall continue to be classified as an Operating Lease and expense item notwithstanding any change in GAAP as to the accounting treatment of such lease after the date of this Agreement.

  • Accounting Terms and Determinations; GAAP Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the Financial Statements except for changes in which Borrower’s independent certified public accountants concur and which are disclosed to Administrative Agent on the next date on which financial statements are required to be delivered to the Lenders pursuant to Section 8.01(a); provided that, unless the Borrower and the Majority Lenders shall otherwise agree in writing, no such change shall modify or affect the manner in which compliance with the covenants contained herein is computed such that all such computations shall be conducted utilizing financial information presented consistently with prior periods.

  • Accounting Terms and Determinations Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP.

  • Decisions and Determinations Any determination, decision or election that may be made by the Issuer pursuant to this Section 3.19(c) (or pursuant to any capitalized term used in this Section 3.19(c) or in any such capitalized term), including any determination with respect to a tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection, will be conclusive and binding absent manifest error, may be made in the Issuer's sole discretion, and, notwithstanding anything to the contrary in the Transaction Documents, will become effective without consent from any other party. None of the Issuer, the Owner Trustee, the Indenture Trustee, the Calculation Agent, the Administrator, the Sponsor, the Depositor or the Servicer will have any liability for any determination made by or on behalf of the Issuer pursuant to this Section 3.19(c) (or pursuant to any capitalized term used in this Section 3.19(c) or in any such capitalized term), and each Noteholder and Note Owner, by its acceptance of a Note or a beneficial interest in a Note, will be deemed to waive and release any and all claims against the Issuer, the Owner Trustee, the Indenture Trustee, the Calculation Agent, the Administrator, the Sponsor, the Depositor and the Servicer relating to any such determinations.

  • Notification and Determination of Additional Costs Each of the Administrative Agent, each Issuing Bank and each Lender, as the case may be, agrees to notify the Borrower (and in the case of a Lender, to notify the Administrative Agent) of any event occurring after the Agreement Date entitling the Administrative Agent, such Issuing Bank or such Lender to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent, any Issuing Bank or any Lender to give such notice shall not release the Borrower from any of its obligations hereunder (and in the case of a Lender, to the Administrative Agent); provided, further, that notwithstanding the foregoing provisions of this Section, the Administrative Agent or a Lender, as the case may be, shall not be entitled to compensation for any such amount relating to any period ending more than six months prior to the date that the Administrative Agent or such Lender, as applicable, first notifies the Borrower in writing thereof or for any amounts resulting from a change by any Lender of its Lending Office (other than changes required by Applicable Law). The Administrative Agent, each Issuing Bank and each Lender, as the case may be, agrees to furnish to the Borrower (and in the case of an Issuing Bank or a Lender to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Determinations by the Administrative Agent, such Issuing Bank or such Lender, as the case may be, of the effect of any Regulatory Change shall be conclusive and binding for all purposes, absent manifest error. The Borrower shall pay the Administrative Agent, any such Issuing Bank and/or any such Lender, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.

  • Certificates and determinations Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.

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