Limiting Event means an occurrence with the result that a function, which fulfils the intended use, is no longer delivered;
Limiting Event means any one or more of the following events:
Limiting Event is defined in Section 13.3 of the Lease.
Examples of Limiting Event in a sentence
Any service level failures to the extent due to a Limiting Event shall be excluded from the calculation of the service level targets set forth herein.
More Definitions of Limiting Event
Limiting Event means an occurrence with the result that a function, which fulfils the
Limiting Event means an Event of Default arising under (i) paragraph (n) of Article XVII of the Lease (solely to the extent that such Event of Default was the result of an unsolicited Lessee Change of Control to which neither the board of directors nor the shareholders of the Lessee approved, consented or acquiesced), or (ii) paragraphs (e), (f), (g), or (j) of Article XVII of the Lease, with respect to the paragraphs in clause (ii) solely if the breach of the related covenant, representation or warranty was based on the following: a subjective interpretation of the term “adequate,” “diligently,” “material,” “materially,” “Material Adverse Effect,” “materially adversely affect,” “material adverse change,” “materially and adversely affects,” “material adverse effect,” or any other term that is not objectively determinable, or results from a condition that is not solely related to the Lessee or the Lessee’s operations or the Lessee’s use of the Leased Property; provided, however, if the Event of Default, covenant, representation or warranty relates to the Lessee’s use of the Leased Property, then such Event of Default, covenant, representation or warranty will not be deemed a Limiting Event.
Limiting Event shall occur if, as a result of Guarantor's execution and delivery of this Guaranty, or its incurring of its obligations hereunder, as of the date incurred (as determined (i) for purposes of Bankruptcy Code (S)548(a) in a case involving Guarantor under the Bankruptcy Code, in accordance with the Bankruptcy Code, and (ii) in any other case, in accordance with the California Uniform Fraudulent Transfer Act): (a) the Guarantor is left insolvent, (b) the Guarantor incurs debts beyond its ability to pay as they mature, or (c) Guarantor is left with unreasonably small capital to carry on its business and any other business in which it presently intends to engage.
Limiting Event means any of the following events: (1) any Force Majeure Event ; (2) Customer’s violation of any material provision of the RPA (other than payment obligations); (3) any use by Customer of a function that is part of the System or System Services other than in accordance with applicable Documentation in effect at the time of the relevant failure and made available to Customer on SunGard’s website or by other reasonable means; (4) Customer’s combination of the System or System Services with non-SunGard software (other than software tested and approved or recommended by SunGard in writing); (5) unavailability of any of the Customer networks (LANs, WANs, VPNs or other networks) used to interface with the System; (6) any defect, error or problem with communication lines utilized by or for Customer’s processing unless due to SunGard or the actions of its employees, sub-contractors or affiliates; (7) any defect, error or problems with either (a) any Third Party Provider (which are not affiliates of SunGard) involved in providing price, security information or other data feeds, or who are Customer vendors and are not SunGard’s subcontractors or affiliates or (b) any feeds, lines or other connections from or to third parties used in connection with the System Services for Customer except to the extent caused by SunGard, its affiliates or any of their respective sub-contractors; or (8) for the matters for which Phase 3 Batch Cycle authorization is specifically mentioned in the Scorecard, Customer’s failure to provide authorization for a Phase 3 Batch Cycle prior to 11:30 pm ET.
Limiting Event means an Event of Default arising (i) under Section 12.1 (j) hereof solely as a result of an unsolicited tender offer for a controlling interest in Lessee, which tender offer results in acquisition of such controlling interest by a third party which did not receive the approval of the board of directors of Lessee; (ii) Events of Default arising solely from a Material Adverse Change occurring with respect to Lessee as reasonably determined by the Administrative Agent; or (iii) under Section 12.1(e) hereof where the default or condition relating to the Material Indebtedness which gives rise to an Event of Default hereunder consists solely of the following and only the following: (x) a Material Adverse Change is reasonably determined to have occurred with respect to Lessee by the holders of such Material Indebtedness, or (y) an unsolicited tender offer for a controlling interest in Lessee, which tender offer results in acquisition of such controlling interest by a third party which did not receive the approval of the board of directors of Lessee. Notwithstanding the foregoing, Lessee agrees and acknowledges that if together with or following the declaration of a Lease Event of Default that is a Limiting Event, a separate Lease Event of Default shall occur hereunder, the limitation on damages contained in this Section 13.3 shall be void and of no further effect without the need of any other actions of the parties.
Limiting Event means a Lease Event of Default arising (i) under Sections 12(e) or 12(k)(ii) hereof with respect to which the default or condition relating to the Material Indebtedness which gives rise to the Lease Event of Default hereunder consists solely of a default, the existence of which depends upon the determination that matters, individually or in the aggregate, have resulted in a Material Adverse Effect, or (ii) pursuant to clause (i) of Section 12(f) solely by reason of Lessee’s failure generally to pay its debts as they become due or (iii) pursuant to clause 12(l) solely by reason of an unsolicited tender offer for a controlling interest in Lessee, which tender offer results in acquisition of such controlling interest by a third party which did not receive the approval of the board of directors of Lessee. Notwithstanding the foregoing, Lessee agrees and acknowledges that if together with or following the declaration of a Lease Event of Default that is a Limiting Event, a separate Lease Event of Default shall occur hereunder, the limitation on damages contained in this Section 13.3 shall be void and of no further effect without the need of any other actions of the parties.
Limiting Event means a Lease Event of Default arising (i) under Section 12.1(i) hereof solely as a result of a failure of the Guaranty to be in full force and effect following a change in Applicable Law and following the taking of best efforts by Guarantor and Lessee to maintain the effectiveness of the Guaranty and recourse to Guarantor including, without limitation, the filing of an action by such parties to prevent such change from affecting the enforceability and effectiveness of the Guaranty; or (ii) under Section 12.1(e) hereof with respect to which the default or condition relating to the Subject Indebtedness which gives rise to the Lease Event of Default hereunder consists solely of one or more of the following: (x) a default, the existence of which depends upon the determination that a material adverse change has occurred, or (y) a failure of any guaranty of Guarantor of any Subject Indebtedness to be in full force and effect following a change in Applicable Law provided that Guarantor shall have used its best efforts to maintain the effectiveness of such guaranty and the recourse against it under such guaranty including, without limitation, the filing of an action to prevent such change from affecting the enforceability and effectiveness of such guaranty which efforts have failed and provided, further, that Guarantor shall have failed to assume the obligations of the obligor under such Subject Indebtedness on a fully recourse basis, or (iii) pursuant to clause (i) of Section 12.1(f) solely by reason of Lessee or Guarantor’s failure generally to pay its debts as they become due or (iv) pursuant to clause 12.1(m) solely by reason of an unsolicited tender offer for a controlling interest in Guarantor, which tender offer results in acquisition of such controlling interest by a third party which did not receive the approval of the board of directors of Guarantor. Notwithstanding the foregoing, Lessee agrees and acknowledges that if together with or following the declaration of a Lease Event of Default that is a Limiting Event, a separate Lease Event of Default shall occur hereunder, the limitation on damages contained in this Section 13.3 shall be void and of no further effect without the need of any other actions of the parties.