Financial Instability Sample Clauses

Financial Instability. Any party: (i) files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceeding, (ii) has such a proceeding instituted against it and such proceeding is not dismissed within 60 days, (iii) makes an assignment for the benefit of its creditors or an offer of settlement, extension or composition to its creditors generally; or (iv) a trustee, conservator, receiver or similar fiduciary is appointed for that party or substantially all of that party's assets.
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Financial Instability. Any party: (i) files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceeding, (ii) has a proceeding instituted against it and such proceeding is not dismissed within 60 days, (iii) makes an assignment for the benefit of its creditors or an offer of settlement, extension or composition to its creditors generally; or (iv) a trustee, conservator, receiver or similar fiduciary is appointed for that party or substantially all of that party ss.s assets; or (v) any significant or material negative change in the financial condition of a party that the other party reasonably deems itself insecure.
Sample 1
Financial Instability. There are currently insufficient sources of financing to fully support youth friendly health services. Moderate Packages of services provided by YFHCs may not be entirely covered and efficiently implemented, especially out-reach package of services to EVA and MARA groups. Achieve changes in the health sector legislation regarding local financing of medical institutions. Collaboration with the NIHC on the modification of the financing sources. Negotiations to attract other sources of financing (NGO, the Ministry of Labour and Social Protection. Human resource flow. Staff turnover in YFHC. Lack of YFHCs staff motivation. High Due to low salaries in the health system, many health service providers, especially family doctors, nurses and midwives often migrate abroad, or change their workplace, which leads to a deficit of qualified and adequately trained human resources in the YFHS. Identify non-financial incentive for staff Improve financial mechanisms and achieve performance-based financing. Change of the place/institutional subordination of YFHCs within health system (from primary health care to specialized health care) Moderate Change of the upper managerial level, change of the financing mechanism in accordance with specialised health care system, potential change in data collection and M&E system. Capacity building of the upper managerial level professionals. Advocacy and technical assistance for adjustment of financing mechanisms and M&E systems. Inter-sectorial cooperation with social and educational sectors is difficult to maintain and is fragmented. High This risk can affect creation of a supportive environment for youth health and development and can be an obstacle to the functioning of the inter-sectorial referral system. The multi-sectorial strategy on Child and Adolescent Health and Development is being elaborated with WHO support. The referral system at regional and local level will become part of the practice in Moldova and will continue to function beyond the project lifetime. Overloaded school curricula does not meet the current needs of students. Moderate Overloaded curricula can challenge the inclusion of health promotion subjects in school curricula. Consistent advocacy efforts at all levels will different stakeholders in the frame of the revision of school educational standards by MoE. INSTITUTIONAL RISKS Operational difficulties (e.g. funding and managerial) in implementing the project. Low Delays in project implementation Involve a facil...
Sample 1
Financial Instability. CCS shall be deemed financially unstable only upon its failure to pay its debts when due and payable, or upon the filing in any state or federal bankruptcy court of any claim for relief from its creditors, or if litigation shall be commenced by its creditors. Failure to maintain budget in relation to enrollment shall require reconciliation between revenue and expenses with expenses not to exceed revenue. Said failure shall be deemed sufficient cause for termination of the charter only in such circumstance as no viable plan to remedy the failure, is put forward within thirty days of notification to the Board of Directors. The Board shall have thirty (30) days to consider and approve or disapprove the plan. Should the Board of Directors disapprove the plan the process for Charter termination will be followed as prescribed in Section 12.
Sample 1
Financial Instability. Either Party (i) becomes insolvent; (ii) fails to pay its debts or perform its obligations in the ordinary course of business as they mature; or (iii) ceases all or substantially all business operations as they concern the subject matter of this Agreement.
Sample 1
Financial Instability. Sales Partner: (i) files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceeding, (ii) has a proceeding instituted against it and such proceeding is not dismissed within 60 days, (iii) makes an assignment for the benefit of its creditors or an offer of settlement, extension or composition to its creditors generally; or (iv) a trustee, conservator, receiver or similar fiduciary is appointed for that party or substantially all of that party’s assets. (v) makes a representation of financial instability.
Sample 1
Financial Instability. If a receiver, administrator, or liquidator is appointed over a significant portion of our assets or if we attempt to arrange voluntary agreements with our creditors.
Sample 1
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Related to Financial Instability

  • Financial Instruments Not applicable

  • Financial Institutions Notwithstanding this Article 3, any party may provide Confidential Information to any financial institution in connection with borrowings from such financial institution by such party or any of its Controlled Related Parties, so long as prior to any such disclosure such financial institution executes a confidentiality agreement that provides protection substantially equivalent to the protection provided the parties in this Article 3.

  • Financial Risk The Warrantholder has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its investment, and has the ability to bear the economic risks of its investment.

  • Financial Ability Each of the Buyer Parties acknowledges that its obligation to consummate the transactions contemplated by this Agreement and the Brewery Transaction is not and will not be subject to the receipt by any Buyer Party of any financing or the consummation of any other transaction other than the occurrence of the GM Transaction Closing and, in the case of the Brewery Transaction, the consummation of the transactions contemplated by this Agreement. The Buyer Parties have delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A. (“Bank of America”), JPMorgan Chase Bank N.A. (“JPMorgan”) and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the Brewery Transaction. The Buyer Parties have delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein), the Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or any of its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the Knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Article 4 and performance by ABI of its obligations under this Agreement and the Brewery SPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach, default or failure to satisfy any condition precedent set forth therein. As of the date hereof, no lender has notified CBI of its intention to terminate the Financing Commitment or not to provide the Financing. There are no conditions precedent or other contingencies related to the funding of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. The aggregate proceeds available to be disbursed pursuant to the Financing Commitment, together with available cash on hand and availability under CBI’s existing credit facility, will be sufficient for the Buyer Parties to pay the Purchase Price hereunder and under the Brewery SPA and all related fees and expenses on the terms contemplated hereby and thereby in accordance with the terms of this Agreement and the Brewery SPA. As of the date hereof, CBI has paid in full any and all commitment or other fees required by the Financing Commitment that are due as of the date hereof. As of the date hereof, the Buyer Parties have no reason to believe that CBI and any of its applicable Affiliates will be unable to satisfy on a timely basis any conditions to the funding of the full amount of the Financing, or that the Financing will not be available to CBI on the Closing Date.

  • Affected Financial Institutions No Loan Party is an Affected Financial Institution.

  • Financial Risks The Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Shares and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries as it has deemed necessary or appropriate to conduct its due diligence investigation. The Purchaser is capable of evaluating the risks and merits of an investment in the Shares by virtue of its experience as an investor and its knowledge, experience, and sophistication in financial and business matters and the Purchaser is capable of bearing the entire loss of its investment in the Shares.

  • FINANCIAL IMPLICATIONS There are no budget implications. The applicant will be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this proposed development agreement. The administration of the proposed development agreement can be carried out within the approved 2019- 2020 budget and with existing resources.

  • Affected Financial Institution No Loan Party is an Affected Financial Institution.

  • EEA Financial Institutions No Loan Party is an EEA Financial Institution.

  • FINANCIAL EVALUATION (a) The financial bid shall be opened of only those bidders who have been found to be technically eligible. The financial bids shall be opened in presence of representatives of technically eligible bidders, who may like to be present. The institute shall inform the date, place and time for opening of financial bid.

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