Upset condition definition
Upset condition means a failure, breakdown, or malfunction of any piece of process equipment or pollution control equipment that causes, or has the potential to cause, excess emissions.
Upset condition means the sudden failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner that causes, or is likely to cause, emissions that exceed an applicable emission standard and that results entirely or in part from either a malfunction or a preventable upset condition.
Upset condition means any exceedance of an applicable emission limitation(s) lasting thirty (30) or more minutes, in the aggregate, during a twenty-four (24) hour period, unless otherwise specified in an applicable permit or regulation.
More Definitions of Upset condition
Upset condition shall have occurred if both of the following conditions exist as of the last day of the Pricing Period: (a) the Average Purchaser Closing Price is less than $80.82 (the "Floor Purchaser Price"); and (b) the number determined by dividing the Average Purchaser Closing Price by $101.03 is less than the number obtained by subtracting (i) 20% from (ii) the quotient obtained by dividing the Final Index Price by the Initial Index Price. The "Initial Index Price" means the $94.81 closing price of the KBW Nasdaq Regional Banking Index (KRX) on April 12, 2024. The "Average Purchaser Closing Price" means the average volume weighted trading price per share of Purchaser Common Stock on which shares of Purchaser Common Stock were actually traded in transactions reported on the Nasdaq stock exchange during the twenty (20) trading days immediately preceding the first date on which all Requisite Regulatory Approvals (and waivers, if applicable) necessary for the consummation of the Merger have been received (disregarding any waiting period) (the "Pricing Period"). The "Final Index Price" means the closing price of the KBW Nasdaq Regional Banking Index (KRX) on the last day of the Pricing Period.
Upset condition shall have occurred if both of the following conditions exist: (a) the Final Purchaser Price is less than $11.13 (the “Floor Purchaser Price”); and (b) the number determined by dividing the Final Purchaser Price by $13.91 (the “Initial Purchaser Price”) is less than the number obtained by subtracting (i) 20% from (ii) the quotient obtained by dividing the Final Index Price by the Initial Index Price. The “Final Purchaser Price” means the average closing price of Purchaser Common Stock for the 10 trading days ending on the sixth Business Day prior to the date of Closing on which shares of Purchaser Common Stock were actually traded in transactions reported on The NASDAQ Global Select Market (the “Pricing Period”). The “Initial Index Price” means the closing price of the Nasdaq Bank Index (Nasdaq:IXBK), a sector index maintained by the Nasdaq Stock Market (“Bank Index”) on July 24, 2014. The “Final Index Price” means the closing price of the Bank Index on the last day of the Pricing Period.
Upset condition shall exist if both of the following conditions then exist:
(a) The Final Old ▇▇▇▇ ▇▇▇▇▇ is less than $38.25 (the "FLOOR OLD ▇▇▇▇ ▇▇▇▇▇"); and
(b) The number determined by dividing the Final Old ▇▇▇▇ ▇▇▇▇▇ by $45.00 (the "INITIAL OLD ▇▇▇▇ ▇▇▇▇▇") is less than the number obtained by subtracting (i) 0.15 from (ii) the quotient obtained by dividing the Final Index Price (as defined below) by the Initial Index Price (as defined below).
Upset condition means precipitation, earthquake, vandalism or other occurrence beyond the control of the dairy farm owner or operator that exceeds criteria for storage and containment facilities and nutrient man- agement in an approved environmental management plan.
Upset condition means the sudden failure of air pollution control equipment or process