Fallback Clause Examples

Fallback. No provision Senate ▇▇▇▇

Fallback. The Extraordinary Resolutions set out in paragraphs 1, 2 and 4 above shall be conditional on satisfaction of the Conditions Precedent and the Settlement Date occurring, in each case before the Redemption Long Stop Date, and if the Conditions Precedent are not met or the Settlement Date does not occur in accordance with paragraph 1 above before the Redemption Long Stop Date, then the Extraordinary Resolutions in paragraph 1, 2 and 4 above and the Deed Poll shall be revoked upon the Redemption Long Stop Date and be of no further force and effect, and for the avoidance of doubt, the Trust Deed, the Conditions and Agency Agreement shall continue in full force and effect. In addition and in such case: a. within 7 days of the Redemption Long Stop Date, the Issuer shall pay the Accrued Interest up to 24 August 2022 by payment into the Clearing Systems (subject to blocking/freezing requirements in accordance with Sanctions); b. provided that the UK/EU/US Sanctions Approval Satisfaction Date has occurred before the Redemption Long Stop Date, the Issuer shall: i. within 7 days of the Redemption Long Stop Date, pay USD 95 million in partial redemption of the principal amount outstanding of the Bonds pro rata and at par by payment into the Clearing Systems (subject to blocking/freezing requirements in accordance with Sanctions); or ii. within 20 Business Days of the Redemption Long Stop Date, as an alternative to paragraph (b)(i) above and at the option of the relevant Beneficial Owner, apply USD 95 million to implement on market buy backs at par, provided that the Issuer shall not make an offer to a Beneficial Owner or purchase from a Beneficial Owner more than its pro rata allocation of USD 95 million and any Bonds so bought back shall immediately upon buy-back be surrendered by the Issuer for cancellation. Payments, applications, related transactions and activities under each of paragraphs (a) or (b) shall be made in a manner in compliance with Sanctions, including blocking/freezing requirements; and c. the Issuer acknowledges that the Trust Deed, the Conditions and the Agency Agreement continue to apply and, without limitation, interest continues to accrue on and from 24 August 2022 on the Bonds in accordance with those terms and that the Potential Events of Default or Events of Default arising pursuant to Condition 10(a) or 10(b) as a result of the Issuer’s failure to pay principal and interest on 31 May 2022 in connection with the exercise by certain Bondholders...

Fallback. No provision House ▇▇▇▇

Fallback. Under New Section 1860D-13, the Administrator, not later than September 1 of each year, beginning in 2005, would make a determination as to whether there were 2 approved bids. If not, the Administrator would enter into an annual contract with an entity to provide Part D enrollees in the area with standard coverage (including access to negotiated prices) for the following year. The Administrator could enter into only 1 contract for each such area. A single entity could be awarded contracts for more than one such area. The Administrator could not enter into such a contract if the Administrator received two or more qualified bids after exercise of the authority to reduce risk for entities. Entities would be required to meet beneficiary protection requirements.

Fallback. The New Section 1860D-3, discussed above, establishes access requirements. If access is not provided, including through a limited risk plan, the conference Present Law House Bill Senate Bill

Fallback a. Any member of Unit A or Unit B who is currently a member of one of those bargaining units shall have the total sum of their years of service in said units applicable as credit towards placement on the Unit A Seniority List described in Section 3 of this Article. b. Any individual presently employed by the Westwood Public Schools, who was formerly a member of bargaining Unit A or B and who is not now a member of those bargaining Units, shall have the sum of their years of service in both Unit A and B applicable as credit towards placement on the Unit A Seniority List described in Section 3 of this Article.

Fallback. In the event that a catastrophic problem is encountered at the Hot Cut, the transition approach employed by ACS allows for a controlled fallback to Symetra original systems at RDC. As part of developing the cutover plan and script, ACS also develops a fallback plan based on potential “showstoppers” that are pre-identified by ACS and Symetra. The following paragraphs highlight key aspects of ACS’ fallback approach. ACS works with Symetra to develop an Acceptance Test that is executed at the final Hot Cut. The Acceptance Test checks the validity of the “just-moved” systems to ensure that all business-critical functions are working properly prior to making a “go” decision and starting production processing at ACS. If a major problem surfaces, ACS, along with its supporting vendors, works to resolve the problem within the pre-designated outage window. If the issue cannot be resolved to the satisfaction of Symetra, the fallback plan is implemented. Since the original systems have not been dismantled, the fallback plan is to point the network back to the original systems and restart the production applications. This is done with little or no loss of data. Regarding the tape library, ACS works with Symetra prior to the Hot Cut to identify if there are any critical master tapes that need to be copied by Safeco prior to the cutover. In the event that fallback is required, the copies will remain at the original data center and will be used until the tape library can be returned. If problems are encountered after production processing is started in the new processing environment, ACS, with its supporting vendors and Symetra, works to resolve the issues and move forward on the systems at ACS. Following a “go” decision based on successful testing and approval, the implemented solution is put into production. During post implementation there is a defined “critical care” period where all activities associated with the implemented solution are closely monitored and issues or incidents are addressed by the transition team. Once this “critical care” period is over, incident management will be addressed by the defined operational support organization. • Complete turnover from the TMO to the SBU Management team. • Obtain customer concurrence that deliverables associated with this effort have been met • Obtain customer approval to close project • Complete administrative project close activities

Fallback. When SunGard reasonably believes that the problems which caused the Business Outage Event have been corrected, SunGard and Customer shall work together in an attempt to perform the “fallback” system transfer from the Phase3 Disaster Recovery System back to the principal processing system at the primary production site. Once the “fallback” system transfer is complete, Customer will perform an application checkout process to reasonably determine that it is able to conduct business under its normal operating environment and will provide written acknowledgment that such “fallback” system transfer is successfully completed.

Fallback. Fallback procedures shall be defined and implemented. This includes defining procedures and roles and responsibilities for aborting/cancelling and recovering from unsuccessful changes and unforeseen events.