Changed Circumstance means any material event, circumstance or condition that shall have occurred or arisen and be continuing that is reasonably likely to result in the current cash flow projections in any Year being materially less favorable than the forecast which is the most current at the time that the Approved Budget is finalized for that Year in accordance with this Agreement.
Changed Circumstance means the occurrence and continuation of any material event, circumstance or condition that is reasonably likely to result in the current cash flow projections in any Year being materially less favorable than the forecast which is the most current at the time that the Approved Budget is finalized for that Year in accordance with Section 7.03 of the Servicing Agreement.
Changed Circumstance means a material event, circumstance, change or development, in each case that arises or occurs after the date of this Agreement and was not, prior to the date of this Agreement, known to or reasonably foreseeable by the MLP GP Board; provided, however, that in no event shall the receipt, existence or terms of an Alternative Proposal or any matter relating thereto or consequence thereof constitute a Changed Circumstance.
Examples of Changed Circumstance in a sentence
Up to 2 events requiring complete replacement of the fence and social attraction equipment are considered a Changed Circumstance.
In the event Buyer receives actual notice of any Material Changed Circumstance, whether from Seller or any other source, including its own investigations, then Buyer shall have the right to terminate this Agreement, in which event both parties shall be relieved from any further obligation under this Agreement, and the Deposit shall be returned to Buyer.
If Seller shall obtain knowledge of any Changed Circumstance, Seller shall provide notice thereof to Buyer within a reasonable period of time.
Given the 30-year term of the KSHCP, it is reasonable to anticipate that the SOS Program may not be available to serve this function during the entire term of the KSHCP, which warrants treating this as a Changed Circumstance.
This Agreement shall commence as of March 31, 2001, and shall terminate on March 31, 2002; provided, however, that if any Change in Control occurs before March 31, 2002, and a Changed Circumstance occurs within one year of the Change in Control Date, then the provisions of this Agreement shall be applicable to the benefit of Executive.
More Definitions of Changed Circumstance
Changed Circumstance has the meaning given in Section 3.13.
Changed Circumstance means a circumstance in which an event or discrete set of events has occurred or is planned with respect to the business of Xxxxxxx that results or will result in a change in the scope, nature or volume of the Services that will be required from Provider, and which is expected to cause the average monthly amount of chargeable resource usage in (i) any SOW to increase or decrease by twenty five percent (25%) or more for the foreseeable future; or (ii) all SOWs to increase or decrease in the aggregate by twenty percent (20%) or more for the foreseeable future. Examples of the kinds of events that might cause such substantial changes are:
Changed Circumstance means any of the following: --------------------
(a) Continuing Force Majeure Event. A Continuing Force Majeure Event ------------------------------ occurs with respect to a Member.
Changed Circumstance means, as determined by the Co-Collateral Agents in their Permitted Discretion, any material facts or circumstances which arise after the Closing Date or which otherwise first become known to the Co-Collateral Agents or Agent, as the case may be, after the Closing Date.
Changed Circumstance means a material event, circumstance, effect, condition, change or development, in each case that arises or occurs after the date of the Merger Agreement and was not, prior to the date of the Merger Agreement, known to or reasonably foreseeable by the Navios Acquisition Special Committee and did not result from or arise out of the announcement or pendency of, or any actions required to be taken by (or to be refrained from being taken by) Navios Acquisition pursuant to the Merger Agreement; provided, however, that in no event shall the following events, circumstances, or changes in circumstances constitute a Changed Circumstance: (i) any event, fact, development or occurrence that involves or relates to an Alternative Proposal or any inquiry or communications or matters relating thereto, (ii) any change in the price, or change in trading volume, of the Navios Acquisition Common Shares, (iii) the fact that Navios Acquisitions meets or exceeds internal or published projections, budgets, forecasts or estimates of revenues, earnings or other financial results for any period (provided, however, that the exception in this clause (iii) shall not apply to the underlying causes giving rise to or contributing to such change or prevent any of such underlying causes from being taken into account in determining whether a Changed Circumstance has occurred), (iv) the NMM Equity Issuance, the NNA Debt Financing, the NMM Loan Agreement, the NNA Notes Cancellation and Discharge or the NSM Loan Amendment (each term as defined in the Merger Agreement), or (v) any change in the price, or change in trading volume, of the Navios Partners Common Units.
Changed Circumstance means a change not reasonably foreseeable at the time the then current Operating Plan for the applicable Facility was adopted in: (i) applicable Laws, or (ii) a requirement of permits or other circumstances affecting the operation of the applicable Facility not occasioned by Operator's negligence, willful misconduct or breach of this Agreement which change impairs Operator's ability to operate the applicable Facility either within the budget or the constraints of the Operating Plan for such Facility.
Changed Circumstance means a circumstance in which an event or discrete set of events has occurred, or is planned or anticipated, with respect to the business of SCA (other than SCA's transferring the Services or a portion of the Services in-house or to a Third Party), which event or set of events results or will result in a sustained change in the actual usage of a resource subject to a Baseline, which event or set of events is reasonably expected to cause the actual usage of such resource to vary from the applicable Baseline by twenty five percent (25%) or more for the foreseeable future but in any event for at least six (6) months. Examples of the kinds of events that might cause such substantial changes are: o additions, deletions or other changes to locations where the Services operate; o additions, deletions or other changes to the Services provided by IBM; o additions or deletions of entities, Affiliates, divisions or other operating units to whom the Services are provided; o mergers, acquisitions, divestitures or joint ventures of SCA; o changes in the method of service delivery, or changes in operational priorities; or o changes in SCA's technology strategy.