Changed Circumstance Sample Clauses

Changed Circumstance. The existence of a Changed -------------------- Circumstance for such Affected Member.
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Changed Circumstance. 21.01 When any changes in positions/classifications occur in the bargaining unit the Chief Xxxxxxx and Staff Representative will be notified in writing and consulted prior to any individual members being notified. The Employer shall prepare a new job description whenever a new position is created or when the duties of an existing position are substantially modified. The position will be evaluated using the job evaluation instrument agreed to by the Employer and the Union. The salary range will be based on the classification agreed to by the Employer and the Union. If the parties are unable to agree on the classification, the dispute shall be referred to the grievance process. Should a salary range change as a result of this process, it will be retroactive to the time the new position was first filled by the employee.
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Changed Circumstance. The section shall be deemed as a supplementary and not inconsistent with the Transaction Agreements and other terms of the Agreement. If at any time, the Pledgee believes that the Agreement and/or the disposition of the Pledged Property specified by provisions of the Agreement become illegal or are contrary to the laws, regulations or rules as a result of promulgation or change of any Chinese Laws, regulations or rules, or due to the interpretation or change of interpretation of such laws, regulations or rules, or due to the change of the relevant registration procedures, the Pledgors and the Company shall immediately, according to the written instructions of the Pledgee and reasonable requirements of the Pledgee, take any action and/or sign any agreement or other documents to:
Sample 1
Changed Circumstance. If Seller obtains actual knowledge of any changed circumstance that causes any representation or warranty of Seller to no longer be true in any material respect (the “Material Changed Circumstance”), Seller shall promptly send written notice thereof to Purchaser describing the Material Changed Circumstance and the manner in which it has made any of Seller’s representations or warranties herein untrue. As used herein, a change in Seller’s representation and warranty shall be deemed “material” if (i) the market value of the Property is decreased by more than $100,000 as a result of such Material Changed Circumstance, or (ii) it is a Lease Status Representation (as defined in Section 5.1(c) below. If Purchaser does not approve the Material Changed Circumstance in writing on or before the Closing Date, Seller shall not be in default and Seller shall have the right, but not the obligation, to attempt to remedy the Material Changed Circumstance. In the Seller fails or refuses to remedy the Material Changed Circumstance to the reasonable satisfaction of Purchaser on or before the Closing Date, Seller shall have the right to extend the Closing Date for up to thirty (30) days to attempt to remedy the same. If Seller has not remedied the Material Adverse Change on or before the Closing Date (including the extension provided above), Purchaser shall, as its sole and exclusive remedy, either (i) waive and approve the Material Changed Circumstance, in which event the applicable representation or warranty shall be deemed modified, or (ii) terminate this Agreement, in which event the Xxxxxxx Money shall be returned to Purchaser and neither Seller nor Purchaser shall have any further rights or obligations hereunder one to the other except with respect to these obligations which expressly survive the termination of this Agreement.
Sample 1
Changed Circumstance. (a) If, prior to the Closing, to the actual knowledge of either of the Selling Parties, the Selling Parties’ representations or warranties become inaccurate in any respect, the Selling Parties shall promptly give Buyer written notice (a “Change Notice”) of such circumstance (“Changed Circumstance”). Each Change Notice shall state whether such Changed Circumstance is susceptible of cure, and if so, whether the Selling Parties elect to cure such Changed Circumstance. In the event that the Selling Parties elect to cure a Changed Circumstance disclosed in a Change Notice, then (1) the Selling Parties shall promptly commence such cure and diligently prosecute such cure to completion, (2) this Agreement shall remain in full force and effect, and (3) the Closing shall take place on the date set therefor, or as soon thereafter as the Selling Parties are reasonably able to complete such cure; provided, however, that the Closing shall not be delayed more than fifteen (15) days to allow the Selling Parties to complete such cure. In the event Buyer discovers prior to the Closing that any of the Selling Parties’ representations or warranties are inaccurate in any respect, then Buyer shall promptly deliver written notice thereof to the Selling Parties and, within three (3) business days thereafter, the Selling Parties shall deliver a Change Notice with respect thereto to Buyer.
Sample 1
Changed Circumstance. If, from time to time after the Commencement Date, Landlord or Tenant determines in the exercise of its commercially reasonable judgment that the limits of the insurance required to be maintained by Tenant hereunder are no longer commensurate to the limits being regularly required by institutional landlords of similar properties in the applicable State or their institutional lenders or that a particular type of insurance coverage is being regularly required by institutional landlords of similar properties in the applicable State or their institutional lenders and is not then required hereunder or vice versa, Landlord or Tenant, as the case may be, may notify the other party of the same, indicating the particular limit or type of coverage that such party has determined should be increased, decreased, carried or not carried by Tenant, as applicable. Notwithstanding anything herein to the contrary, neither party may request a modification of the insurance requirements of this Lease more frequently than once every three (3) years under this Section 14.7 and notwithstanding anything to the contrary herein, any decrease in a particular limit or removal of a particular type of coverage hereunder shall only become effective if permitted by the Facility Mortgagee. If the responding party, in the exercise of its commercially reasonable judgment, objects to the first party’s determination made under this Section 14.7 and Landlord and Tenant are unable to agree upon the matter within fifteen (15) days of the responding party’s receipt of the applicable notice from first party (the “Review Period”), such determination shall be made by a reputable insurance company, consultant or expert (an “Insurance Arbitrator”) with experience in the senior housing insurance industry as mutually identified by Landlord and Tenant in the exercise of their reasonable judgment within ten (10) days of the expiration of the Review Period. As a condition to a determination of commercial reasonableness with respect to any particular matter, the Insurance Arbitrator shall be capable of providing, procuring or identifying particular policies or coverages that would be available to Tenant and would satisfy the requirement in issue. The determinations made by any such experts shall be binding on Landlord and Tenant for purposes of this Section 14.7, and the costs, fees and expenses of the same shall be shared equally by Tenant and Landlord. If Tenant and Landlord are unable to mutually agree upo...
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Changed Circumstance 
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Related to Changed Circumstance

  • Changed Circumstances In the event that:

  • No Change in Facts or Circumstances All information in the application for the loan submitted to Lender (the "Loan Application") and in all financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan Application are complete and accurate in all material respects. There has been no material adverse change in any fact or circumstance that would make any such information incomplete or inaccurate.

  • Change of Circumstances The Company will, at any time during the pendency of a Placement Notice advise the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to the Agent pursuant to this Agreement.

  • Adverse Circumstances No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

  • Change in Circumstances SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Euro-Dollar Loan:

  • No Change in Facts or Circumstances; Disclosure All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

  • Reserve Requirements; Change in Circumstances (a) Notwithstanding any other provision herein, if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof (whether or not having the force of law) shall change the basis of taxation of payments to any Lender of the principal of or interest on any Eurodollar Loan made by such Lender or any fees or other amounts payable hereunder (other than changes in respect of Taxes, Other Taxes and taxes imposed on, or measured by, the net income or overall gross receipts or franchise taxes of such Lender by the jurisdiction in which such Lender has its principal office or in which the applicable lending office for such Eurodollar Loan is located or by any political subdivision or taxing authority therein, or by any other jurisdiction or by any political subdivision or taxing authority therein other than a jurisdiction in which such Lender would not be subject to tax but for the execution and performance of this Agreement), or shall impose, modify or deem applicable any reserve, special deposit or similar requirement against assets of, deposits with or for the account of or credit extended by such Lender (except any such reserve requirement which is reflected in the Adjusted LIBOR Rate) or shall impose on such Lender or the London interbank market any other condition affecting this Agreement or the Eurodollar Loans made by such Lender, and the result of any of the foregoing shall be to increase the cost to such Lender of making or maintaining any Eurodollar Loan or to reduce the amount of any sum received or receivable by such Lender hereunder (whether of principal, interest or otherwise) by an amount deemed by such Lender to be material, then the Borrowers will pay to such Lender in accordance with paragraph (c) below such additional amount or amounts as will compensate such Lender for such additional costs incurred or reduction suffered.

  • CHANGE IN CIRCUMSTANCES; COMPENSATION SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period:

  • Change in Location Notify FINOVA in writing forty-five (45) days prior to any change in the location of Borrower's chief executive office or the location of any Collateral, or Borrower's opening or closing of any other place of business;

  • Change in Name The Purchaser shall intimate the Seller of any change in its name (on account reasons other than a change in its Control), immediately upon occurrence of name change. The Parties shall thereafter take necessary steps to record such change in the name of the Purchaser in the books and records of the Seller and shall also execute an amendment agreement to the Agreement to record such name change.

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