Temporary Unavailability. If in connection with any request for a Loan or a conversion to or continuation thereof:
(i) Administrative Agent determines that: (A) deposits (whether denominated in Dollars or an Alternative Currency) are not being offered to banks in the applicable offshore interbank market for such currency for the applicable amount and Interest Period of such Loan; or (B) adequate and reasonable means do not exist for determining LIBOR (1) for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan (whether denominated in Dollars or an Alternative Currency) or (2) in connection with an existing or proposed Base Rate Loan including, without limitation, because LIBOR is not available or published on a current basis and such circumstances are likely to be temporary; or
(ii) Administrative Agent or the Required Lenders determine that for any reason the Eurocurrency Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan does not adequately and fairly reflect the cost to such Funding Parties of funding such Loan; then
(iii) Administrative Agent will promptly so notify Borrower Parties and each Funding Party; and
(iv) as long as no alternative rate described in clause (a)(v) below has been established, then, (A) the obligation of the Funding Parties, as applicable, to make or maintain Eurocurrency Rate Loans in the affected currency or currencies shall be suspended (to the extent of the affected Eurocurrency Rate Loans or Interest Periods); and (B) the Floating LIBOR Rate component will no longer be utilized in determining the Base Rate, in each case until Administrative Agent (upon the instruction of the Required Lenders) revokes such notice; and
(v) notwithstanding the foregoing, if Administrative Agent has made the determination described in clause (a)(i) or clause (a)(ii) above, Administrative Agent, in consultation with Borrower and the Required Lenders and with the consent of the Borrower Parties, may establish an alternative rate to be used in substitution for LIBOR in calculating the interest rate for the impacted Loans, in which case such alternative rate shall apply in calculating interest with respect to the impacted Loans until (A) Administrative Agent revokes the notice delivered with respect to the impacted Loans under clause (a)(i) or (a)(ii) above, (B) Administrative Agent or the Required Lenders notify Administrative Agent and Borrower that such alternative rate does not adequately and fairly reflect...
Temporary Unavailability. From time to time, the Site and/or Products may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs and other similar activities. xxxxxxxxx.xxx will use commercially reasonable efforts to post notice of periodic interruptions of the Site or Products or "maintenance windows" and no reduction of payments will be made in the case of such temporary interruption or "maintenance windows.”
Temporary Unavailability. If Agent or the Majority Lenders (after consultation with Agent) shall determine in good faith that, adequate and reasonable means do not exist for ascertaining the LIBOR Rate or Daily LIBOR Rate, as applicable, then Agent shall forthwith give notice thereof to Borrowers. Thereafter, until Agent notifies Borrowers that such circumstances no longer exist, (i) the obligation of Lenders to make Advances which bear interest at or by reference to the LIBOR Rate or Daily LIBOR Rate, and the right of Borrowers to convert an Advance to or refund an Advance as an Advance which bear interest at or by reference to the LIBOR Rate shall be suspended, (ii) effective upon the last day of each Eurodollar-Interest Period related to any existing Eurodollar-based Advance, each such Eurodollar-based Advance shall automatically be converted into an Advance which bears interest at or by reference to the Base Rate (without regard to the satisfaction of any conditions to conversion contained elsewhere herein), and (iii) effective immediately following such notice, each Advance which bears interest at or by reference to the LIBOR Rate or Daily LIBOR Rate shall automatically be converted into an Advance which bears interest at or by reference to the Base Rate (without regard to the satisfaction of any conditions to conversion contained elsewhere herein).
Temporary Unavailability. “An individual who is temporarily unavailable to perform Safety-Sensitive Functions under this Agreement for any reason, including but not limited to disability, illness, vacation, leave of absence or the performance of work that is not covered under the terms of this Agreement, may request to be designated as temporarily unavailable for testing. In order for an individual to be so designated, he shall advise CSATF, in writing, at least twenty-four (24) hours prior to the start of his unavailability. Such notification shall include the individual’s name, the beginning date of the individual’s unavailability, the ending date of the individual’s unavailability, if known, and the last four digits of the individual’s social security number. An individual who does not know the ending date of his unavailability at the time he provides notice of unavailability to CSATF shall advise CSATF in writing of the ending date of his unavailability as soon as he knows such date. An e-mail sent to xxxxxxx@xxxxx.xxx shall satisfy the writing requirement. An individual may also utilize an on-line form on CSATF’s website at xxx.xxxxx.xxx to submit a notice of unavailability; temporary unavailability of the on-line form (e.g., due to technical problems) does not absolve the individual of his responsibility to notify CSATF using any of the other methods described above. “During the individual’s period of temporary unavailability, CSATF shall temporarily remove that individual’s name from the Industry Experience Roster. CSATF also shall notify the Union when an individual is unavailable. The Union agrees that it will remove that individual’s name from the list of individuals who are eligible to work. “An individual who has made himself temporarily unavailable shall not be called to test during his designated period of unavailability. Any individual who is temporarily unavailable for random controlled substance testing for more than thirty (30) days shall not be reinstated to the Industry Experience Roster or be eligible to perform Safety-Sensitive Functions under this Agreement until he has taken a pre-employment test, the result of which is negative. “Once the individual’s period of temporary unavailability ends, CSATF will promptly restore the individual to his former Industry Experience Roster status, provided that it has been notified by the individual that he is now available for testing and, if applicable, that he has taken a pre-employment controlled substance test, the re...
Temporary Unavailability. If in connection with any request for a Loan or a conversion to or continuation thereof:Inability to Determine Rates. With respect to any Daily SOFR Loan or Term SOFR Loan, subject to Section 4.03(b) below, if:
Temporary Unavailability. TFMD will have the right to temporarily restrict access to the RFTA Parking Spaces during times that it is performing maintenance on or repaving Kodiak Drive in the area of the RFTA Parking Spaces or for any other reasonable cause upon prior notice to the RFTA explaining the reason why access to the RFTA Parking Spaces will be temporarily restricted and the anticipated duration of such temporary restriction.
