Fundamental Decision has the meaning set forth in Section 3.3(g).
Fundamental Decision means a decision made by the Board respecting the exercise of a power or the performance of a duty or function pursuant to a provision of this Act that expressly provides for the exercise of the power or the performance of the duty or function subject to Sections 31 to 37;
Fundamental Decision means (A) the admission of a new member into the Company (other than as specifically authorized under Section 8), (B) the formation of any Company Entity, or, with respect to any Company Entity, any merger, consolidation, or other similar arrangement, or the entry into of any joint venture, partnership, limited liability company, or other entity or business combination, (C) the lending of Company Entity funds to, or directly or indirectly providing any Credit Enhancement for, any Person, (D) the acquisition of any real property by the Company or any Company Entity, except as provided in the Approved Business Plan last approved by the Delinquent Member, (E) the entering into by the Company of any transaction with any Member or any Affiliate of any Member, except on terms and conditions generally available from third-parties providing similar goods and services of similar quality in the same geographical location as the Project, (F) any amendment of this Agreement that would materially and adversely affect the Delinquent Member disproportionately to the Non-Delinquent Member, (G) any act or omission that would cause the Delinquent Member or its Affiliates to have any liability under a Recourse Document, other than acts in the ordinary course of the business of the Company and consistent with the Approved Business Plan last approved by the Delinquent Member (for example, making draws under a Project Loan or providing guaranties required to obtain subdivision improvement bonds), and (H) a sale of the Project, except as contemplated in the Approved Business Plan last approved by the Delinquent Member.
Examples of Fundamental Decision in a sentence
For the avoidance of doubt, except as provided in the next sentence, a failure of the appropriate Members to Consent to any matter that is the subject of a Major Decision, Fundamental Decision or Termination Decision shall not be subject to the provisions of this Article 13.
In the event that the OEM Committee fails to make a unanimous decision with respect to any particular matter under its jurisdiction, such matter shall constitute a Fundamental Decision (as defined in Section 3.15) that must be approved by the affirmative vote of at least two-thirds of the Directors, which shall include at least one (1) Huawei Holding Director and one (1) 3Com Director.
Fundamental Decision 2014.03 No extension to Period I will be granted if there are unpaid Environmental Studies Research Fund (ESRF) levies.
The Multi-Well Model was approved by Ministers on August 20, 2020 via a Fundamental Decision of the Board.
As a result of a May 29, 2020 Fundamental Decision the Board, when calculating Allowable Expenditure Credits, a flat rate of 10% of the Direct Costs related to drilling canbeadded as Overhead to a maximum of $25 M per well inaccordance with the term and conditions of the licence.
More Definitions of Fundamental Decision
Fundamental Decision means a decision of the Company with respect to any of the following actions:
Fundamental Decision means (i) any amendment, modification or termination of this Agreement, except for amendments or modifications that would not materially and disproportionately (as compared to the other Partners) diminish the rights or increase the obligations of a Partner, and only to the extent such amendments or modifications are necessary to reflect (A) the admission of any Partner in accordance with the terms of this Agreement, or (B) any other actions contemplated by this Agreement; (ii) dissolving, terminating or winding up the Partnership; (iii) taking any action that would require any Impacted Partner or one or more Affiliates of any Impacted Partner to provide any Credit Support (for the avoidance of doubt, without limiting any Credit Support provided prior to the date of the applicable For Cause Event), (iv) a merger or recapitalization of the Partnership or any of the Subsidiary(ies) (i.e., any action described in item (vi)(a) of Exhibit B), provided, for the avoidance of doubt, that the term “recapitalization” as used in this clause (iv) shall not include any action described in item (vii) of Exhibit B), (v) except as otherwise provided in Sections 8.1(c)(i) and 11.2, the admission of a Partner, (vi) taking any action described in items (i), (v), (x), (xiv) and (xviii) of Exhibit B, (vii) Approvals contemplated under the definitions of For Cause Event and Gross Asset Value and under Sections 4.2(d), 4.4, 7.6, 8.1(c)(i), 8.5, 8.6, 11.1, 11.5, 11.6, 13.3(c), 14.17, 14.19, 14.21 and 16.2, and (viii) taking any action materially inconsistent with Section 3.
Fundamental Decision means (i) any amendment, modification or termination of this Agreement, except for amendments or modifications which would not have a disproportionate adverse effect on a Member who otherwise would not be permitted to vote, or (ii) dissolving, terminating or winding up the Company if the Company Property has not been sold in accordance with this Agreement.
Fundamental Decision means any authorization, direction, approval, determination, waiver, amendment or consent which would have the effect of:
Fundamental Decision shall have the meaning set forth in Section 3.5.
Fundamental Decision as used in this Agreement shall mean any decision which involves each of the following matters:
Fundamental Decision means a decision which seeks to implement a major change to the manner in which (a) Member Authority (ies) carries (y) out its (their) functions and/or which has or is likely to have a significant impact on any Member Authority’s revenue or capital expenditure.