Failed Auction has the meaning assigned to such term in the definition of “Dutch Auction”.
Failed Auction as defined in Section 2.12(f)(iii).
Failed Auction shall have the meaning assigned to such term in Section 2.12(e).
Examples of Failed Auction in a sentence
Once initiated by an Auction Notice, Holdco or its Subsidiary, as applicable, may not withdraw an Auction other than a Failed Auction.
Once initiated by an Auction Notice, Holdings or any of its Subsidiaries, as applicable, may not withdraw an Auction other than a Failed Auction.
Once initiated by an Auction Notice, Holdings or its Subsidiary, as applicable, may not withdraw an Auction other than a Failed Auction.
Once initiated by an Auction Notice, the Borrower or its Subsidiary, as applicable, may not withdraw an Auction other than a Failed Auction.
In the event of a Failed Auction, Purchaser shall not be permitted to deliver a new Auction Notice prior to the date occurring five (5) Business Days after such withdrawal or Expiration Time, as the case may be.
More Definitions of Failed Auction
Failed Auction means an Auction for which there were not Sufficient Clearing Bids.
Failed Auction has the meaning assigned to such term in Section 3.04(d)(iii).
Failed Auction means an event where: (a) less than three Participants submitted Eligible YLDVOL Swaption Straddles to the Auction Book and no Auction is conducted; or (b) less than three Eligible YLDVOL Swaption Straddle bids and offers were submitted to the Auction Book and no Auction is conducted.
Failed Auction. As defined in the Section 3.18(b).
Failed Auction means an Auction for which there were not Sufficient Clearing Bids (as defined in the Revenue Bond Indenture).
Failed Auction means the scenario described under Section 2.1.1(c)(ii)(b).
Failed Auction has the meaning specified in the definition of “Dutch Auction.” “Fair Market Value” means, with respect to any asset or property, the price that could be negotiated in an arm’s-length, free market transaction, for cash, between a willing seller and a willing and able buyer, neither of whom is under undue pressure or compulsion to complete the transaction (as determined in good faith by the Borrower, whose determination will be conclusive for all purposes under the Loan Documents). “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future Treasury regulations or official administrative interpretations thereof, any agreements entered into pursuant to current Section 1471(b)(1) of the Code (or any amended or successor version described above) and any intergovernmental agreements implementing the foregoing (together with any Laws implementing such agreements). “Federal Funds Rate” means, for any day, the rate per annum calculated by the Federal Reserve Bank of New York based on such day’s federal funds transactions by depository institutions (as determined in such manner as the Federal Reserve Bank of New York shall set forth on its public website from time to time) and published on the next succeeding Business Day by the Federal Reserve Bank of New York as the federal funds effective rate; provided that if the Federal Funds Rate as so determined would be less than zero, such rate shall be deemed to be zero for the purposes of this Agreement. “Financial Covenants” has the meaning specified in Section 7.08. “Financial Incurrence Test” has the meaning specified in Section 1.11(b). “Financial Model” means the model made available by or on behalf of the Company to the Administrative Agent on January 10, 2023. “First Lien Obligations” shall mean any Indebtedness secured by Liens on the Collateral ranking pari passu to the Liens on the Collateral securing the Initial Term Loans or Revolving Credit Loans (but without regard to the control of remedies).