Business Day period. If the Company shall at any time fail to have at least one Qualified Rating from either S&P or Xxxxx'x pursuant to the first sentence above, the Company shall immediately notify the Administrative Agent of such failure.
Business Day period. The Arbitration Panel shall determine the appropriate terms and conditions of the documents or other matters in question in accordance with this Agreement and otherwise based on the Arbitration Panel’s determination of fair market terms relative to the Property. The Arbitration Panel shall make its decision within twenty (20) days after the later of (i) the submission of such written statements, and (ii) the conclusion of any evidentiary hearing on the merits (if any). The Arbitration Panel shall reach its decision by majority vote and shall communicate its decision by written notice to Owner and Propco.
Business Day period. For purposes hereof, a "Proposal" of a party to the dispute shall consist of the valuation correction and related information supporting the valuation correction. If no resolution of disagreements is reached on or prior to the Business Day following such four (4) Business Days, the parties to the dispute will on such next following Business Day submit their final and last best Proposal (previously disclosed to the other party as provided above) to arbitration by a major independent securities valuation firm, the identity of which shall be mutually agreed, and the parties to the dispute will abide by the result of such arbitration, which arbitration process shall require the arbitrator to select one of the two final and last best Proposals and to render its opinion regarding the reasonableness of the parties' actions for purposes of the next sentence. The cost of such arbitration shall be borne by the party who delivered the Valuation Dispute Notice if it rejects a reasonable Asset Response and otherwise the cost shall be shared equally by the Beneficiary and Grantor. To the extent feasible, and at the joint written direction of the Grantor and the Beneficiary, the Trustee shall adopt the valuation methodology underlying the valuation adopted in arbitration or agreed to by the Beneficiary and the Grantor. Pending resolution of any dispute with respect to valuation of Assets, the Grantor and Beneficiary will continue to follow the requirements of this Agreement based on the Trustee's Valuation Report as submitted. Upon resolution of any dispute regarding the valuation, the Trustee will take the action hereunder that it would otherwise have been required to take, if any.
Business Day period. If the total number of the Securities that the other Direct Parties wish to subscribe for represents more than the pro-rata portion of the failing Direct Party, each Direct Party shall subscribe for a number of Securities determined in accordance with Section 12.1(c) mutatis mutandis.
Business Day period. B. In the event Guarantor and a Tenant should each pay the same Guaranteed Rent to Landlord, Landlord shall promptly return to Guarantor the Guaranteed Rent paid by Guarantor.
Business Day period. The parties acknowledge that the Seller shall not be entitled to an injunction or injunctions to prevent breaches of this Agreement by Buyer or to enforce specifically the terms and provisions of this Agreement and that the Seller’s sole and exclusive remedy hereunder shall be the remedy set forth in Sections 10.1(c)(i) and 10.3(d). This Section 10.3(g) shall survive any termination of this Agreement.
Business Day period. In the event that a written notice of objection is received by DSI from Contractor within the ten (10) Business Days following the delivery of XM's notice that a Release Condition as set forth in Article 13(a)(5) of the Contract has occurred, DSI shall not release the Deposit to XM unless and until any dispute relating to whether or not such Release Condition has occurred has been resolved (either by written agreement of the parties or arbitral award) such that it is determined that the Release Condition set forth in Article 13(a)(5) has occurred. Any such dispute shall not be subject to Article 13 (Disputes) of this Escrow Agreement, but shall instead be governed by the escrow arbitration provisions set forth in Article 13 (Technical Materials Escrow) of the Contract, and DSI shall be bound by any resulting award as evidenced by a copy of the certificate of the arbitrator. Following delivery of the Deposit to XM, in the event it is determined by XM or by court order or arbitral award that the Release Condition did not occur as stated by XM, XM will return the Deposit to DSI as long as DSI's fees are received pursuant to Section 19. DSI shall not deliver any items in Escrow to any person other than XM, without the prior written consent and agreement of Contractor.
Business Day period. Except as expressly provided in this Section 7, the Company shall have no other right or remedy against E2E or any of its affiliates under this Agreement in the event E2E fails to make a Required Disbursement. As used herein, the term "Business Day" means any day other than a Saturday, Sunday or other legal holiday in the Commonwealth of Virginia.
Business Day period. 3.3 NCD shall use its best effort to accept Orders placed by Hitachi. However, if NCD has reason not to accept an Order, the parties shall, in good faith, discuss and seek a solution.
Business Day period. Failure of Borrower Agent to give notice of any dispute as to any Revolving Credit Borrowing Base Certificate in this manner shall be deemed a waiver by Borrowers as to any such dispute. Any failure of Borrower Agent to review the Revolving Credit Borrowing Base Certificate or return a final executed copy thereof to Senior Lender shall not negate or affect in any manner any Advance or any Borrower's liability to Senior Lender as evidenced thereby.
