Market Out. The state of the financial markets in Canada or the United States is such that in the reasonable opinion of the Agents, the Special Warrants cannot be marketed profitably;
Market Out the state of the financial markets in Canada, the United States or elsewhere where it is planned to market the Offered Shares is such that in the reasonable opinion of the Agents, the Offered Shares cannot be marketed profitably;
Market Out. The state of financial markets is such that the Units cannot, in the reasonable opinion of the Underwriters (or any one of them), be successfully or profitably marketed.
Market Out. Any change in the U.S., Canadian or international financial, political or economic conditions the effect of which is such as to make it, in the reasonable judgment of the Agent, impractical to market or to enforce contracts for the sale of the Offered Units, including without limitation, (i) if trading or quotation in any of the Corporation's securities shall have been suspended or limited by the SEC, or by any Securities Commission in the Qualifying Jurisdictions or by the TSXV, or (ii) trading in securities generally on the TSXV shall have been suspended or limited, or minimum or maximum prices shall have been generally established on any of such stock exchanges by the SEC or the Financial Industry Regulatory Authority FINRA, or (iii) the declaration of any banking moratorium by any Canadian federal authorities, or (iv) any major disruption of settlements of securities or payment or clearance services in Canada where the securities of the Corporation are listed;
Market Out. Subsequent to the execution and delivery of this Agreement,
Market Out. If, after the date hereof and prior to the Closing Time, the state of financial markets in Canada or the United States is such that, in the opinion of the Agents, acting reasonably, the Offered Shares cannot be marketed profitably, then the Agents shall be entitled, at their option and in accordance with Section 20(e), to terminate their obligations under this Agreement by written notice to that effect given to the Company at any time at or prior to the Closing Time.
Market Out. (A) From time to time, Buyer’s public utility affiliate (ENSTAR Natural Gas Company) has experienced a loss of its customer base due to one or more customers initiating service with a third party for reasons beyond Buyer’s reasonable control (a “Market Out” of certain volumes). “Market Out” does not include variations of demand due to weather fluctuations, customer conservation, or storage inventory. Buyer may experience one or more Market Out(s) during the Term.
Market Out. On or after the Applicable Time there shall not have occurred any of the following: (i) a suspension or material limitation in trading in the Company’s or the Guarantor’s securities on the New York Stock Exchange, the Mercato Telematico Azionario or the Luxembourg Stock Exchange; (ii) the imposition of the proposal of exchange controls by any Governmental Authority in the country in the currency of which the Designated Securities may be denominated; (iii) trading in securities generally on the New York Stock Exchange, NASDAQ, the American Stock Exchange, the Mercato Telematico Azionario or the Luxembourg Stock Exchange shall have been suspended or limited minimum prices shall have been established on any such exchange or market by the Commission, the Commissione Nazionale per le Società e la Borsa or the Commission de Surveillance du Secteur Financier, by such exchange or market or by any other Governmental Authority having jurisdiction; (iv) a general moratorium on commercial banking activities shall have been declared by the Italian, Luxembourg, United States Federal or New York State authorities; or (v) the occurrence of any outbreak or escalation of hostilities, or any material adverse change in national or international financial, political, industrial or economic conditions or any calamity or crises, whether within or outside the United States, if the effect of any event specified in this clause (v) in the judgment of all the Representatives, after consultation with the Company and the Guarantor to the extent practicable, makes it impracticable or inadvisable to proceed with the public offering or the delivery of the Designated Securities on the terms and in the manner contemplated in the Pricing Prospectus and the Prospectus relating to such Designated Securities;
Market Out. Any change in the U.S., Canadian or international financial, political or economic conditions or the effect of which is such as to make it, in the judgment of the Joint Book-Running Managers, impractical to market or to enforce contracts for the sale of the Shares, including without limitation, (i) if trading or quotation in any of the Company’s securities shall have been suspended or limited by the SEC, or by the NASDAQ or by any Canadian Commission or by the TSX, or (ii) trading in securities generally on any of the NASDAQ or the TSX shall have been suspended or limited, or minimum or maximum prices shall have been generally established on any of such stock exchanges by the SEC or FINRA, or (iii) the declaration of any banking moratorium by any Canadian, U.S. federal or New York authorities, or (iv) any major disruption of settlements of securities or payment or clearance services in the United States or Canada where the securities of the Company are listed.
Market Out. (a) There shall not have occurred any material adverse change in the financial markets in the United States (as defined below) or any outbreak of hostilities or escalation thereof or other calamity or crisis, (b) trading generally on the New York Stock Exchange shall not have been suspended, limited or restricted or minimum or maximum prices for trading shall not have been fixed, or maximum range for prices for securities shall not have been required, by said exchange or by order of the SEC or any other governmental authority, and (c) a banking moratorium shall not have been declared by either Federal or New York authorities. A "material adverse change in the financial markets in the United States" shall mean (i) a more than 10% single-day decline in either the Dow Jones Industrials Average or the Standard & Poors index of 500 stxxxx or (ii) a more than 20% decline in either such index on a cumulative basis between the close of trading on June 25, 1997 and the close of trading on the last trading day prior to Closing.
