Material Impairment definition

Material Impairment shall have the meaning set forth in Section 6.4(c)(iii).
Material Impairment means a material adverse effect on the value of the Collateral, or the rights of any Secured Party in respect thereof, including the rights to levy legal process or to sell the Collateral upon foreclosure.
Material Impairment means a material adverse effect on the value of any material Collateral or the rights of the Collateral Agent (acting for the benefit of the Secured Parties) in respect thereof, including the rights to levy legal process or to sell such Collateral upon foreclosure.

Examples of Material Impairment in a sentence

  • In the event the Owner Participant reasonably concludes that there is a reasonable likelihood of a Material Impairment, the Owner Participant shall promptly give Xxxxx City notice of such conclusion in reasonable detail.

  • Xxxxx City may revise the Development Presentation to incorporate the Owner Participant's modifications (the "REVISED DEVELOPMENT PRESENTATION"; the Development Presentation, if not objected to by the Owner Participant and the Revised Development Presentation, if applicable, are hereinafter referred to as the "ACTUAL DEVELOPMENT PLAN") and thereafter EME may develop the Additional Plants in accordance with the Revised Development Presentation and in a manner which avoids Material Impairment.

  • Mr R referred the matter to the Tribunal which found in the Authority’s favour.Legal & General were fined £1.1m by the Financial Services Authority for the alleged mis-selling of endowment mortgages.

  • The Board or the Committee may amend the terms of any one or more Awards at any time and from time to time.(c)Stockholder Approval; No Material Impairment.

  • Material Impairment and Significant RiskCommenters to the proposed rule suggested revising definitions for exposed, hazardous chemical, and health hazard, among others, so the terms would include the concepts of material impairment and significant risk.


More Definitions of Material Impairment

Material Impairment means a material impairment of the Company's financial condition or of the Company's ability to operate the Business as currently conducted or of the Company's ability to consummate the transactions contemplated hereby.
Material Impairment for purposes of this Agreement includes without limitation (i) Borrower sustains a net operating loss for twelve consecutive months; and (ii) Borrower uses a substantial amount of funds from the business for a non-business purpose. [Balance of this page left intentionally blank] --------------------------------------------- NOTICE OF FINAL AGREEMENT ------------------------- THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES, AND THE SAME MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Material Impairment shall be deemed to result from any proposed action, if such proposed action, in light of then current circumstances, would (i) materially adversely impair the fair market value of the Mortgaged Premises, or (ii) materially adversely impair the security of the Deed as a whole. In deciding whether the standard set forth in clauses (i) and (ii) of the preceding sentence have been complied with, the Grantors shall consider the cumulative effect of the proposed action and of all actions previously taken with respect to which Certificates of No Material Impairment were given or required to have been given, but such prior actions shall be taken into account only if, and to the extent, that such prior actions would have had an adverse effect even if there had been no change in circumstances since the date such prior actions were taken.
Material Impairment. A reduction in the Project DCF amounting to more than $5,000,000 from the Project DCF reflected in the Project Pro Formas, as a result of increases in the Construction Budget, decreases in anticipated revenues from the Project, increases in anticipated costs (including operating costs, interest expense and taxes), changes to the construction schedule of the Project, changes in the anticipated timing of receipt of anticipated revenues from, or the payment of anticipated costs of, the Project or any combination of the foregoing, in all cases calculated for the period commencing on the anticipated Financial Closing Date and using the same methodology and macro-economic assumptions utilized in the Project Pro Formas.
Material Impairment means any of the following: (i) the imposition of a Criminal Penalty on any Interested Party, (ii) a material and adverse effect on the ownership, use or operation of any (A) material manufacturing facility or (B) other Asset that is material to the operation of the DTI Business which, in either case, is included in the DTI Assets and which, in the case of an effect occurring after the date of this Agreement, is continuing at the Closing or (iii) a Material Adverse Effect; PROVIDED, HOWEVER, for the purposes of Section 8.4(a) only, "Material Impairment" shall include civil fines or civil penalties imposed on any Interested Party in excess of $400,000 per occurrence or series of related occurrences; PROVIDED, FURTHER, HOWEVER, that an event shall, without limitation, be deemed not to "reasonably be expected to result" (or words of similar import) in a Material Impairment of a type described in clause (i) if, prior to Closing (x) no indictment or formal complaint by the appropriate Governmental Authority has been issued with respect thereto and (y) to the Knowledge of DuPont, no Governmental Authority has commenced an investigation with respect thereto.
Material Impairment shall include civil fines or civil penalties imposed on any Interested Party in excess of $400,000 per occurrence or series of related occurrences; PROVIDED, FURTHER, HOWEVER, that an event shall, without limitation, be deemed not to "reasonably be expected to result" (or words of similar import) in a Material Impairment of a type described in clause (i) if, prior to Closing (x) no indictment or formal complaint by the appropriate Governmental Authority has been issued with respect thereto and (y) to the Knowledge of DuPont, no Governmental Authority has commenced an investigation with respect thereto.
Material Impairment means any one or more of the following has occurred or exists: (a) the dollar amount collected with respect to Accounts during any consecutive 3 month period (“Test Period”) diminishes by twenty percent (20%) or more in comparison to the immediately preceding consecutive 3 month period (ending the prior month) (“Comparison Period”), or Accounts Turnover increases by more than twenty (20) days within the Test Period in comparison to the Accounts Turnover in the Comparison Period;; (b) INTENTIONALLY BLANK; (c) Borrower uses any amount of its cash flow for a purpose that is not related to its core business operations, including, without limitation, investment in, merger with, or acquisition of all or substantially all of the business and assets of, a third party; (d) INTENTIONALLY BLANK; (e) effective March 1, 2010, more than fifty percent (50%) of Borrower’s accounts payable are greater than sixty (60) days from invoice date; (f) INTENTIONALLY BLANK; (g) since the date of this Agreement, the value of the Collateral has diminished by more than twenty percent (20%), the forgoing measurements shall exclude changes in the Collateral value due either to (x) new invoices for Borrower’s Accounts and remittances received from Borrower’s Accounts, or (y) orders of inventory; or (h) the priority of Lender’s security interest in the Collateral is contested by any Person.