INABILITY TO DETERMINE definition

INABILITY TO DETERMINE. INTEREST RATE OR CREATE BANKERS' ACCEPTANCES.
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INABILITY TO DETERMINE. Eurodollar Rate (Reserve Adjusted). If, prior to the first day of any Interest Period relating to any Funding Tranche maintained by reference to the Eurodollar Rate (Reserve Adjusted):
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INABILITY TO DETERMINE. Rates If the Majority Banks determine that for any reason adequate and reasonable means do not exist for determining the Offshore Rate for any requested Interest Period with respect to a proposed Offshore Rate Loan, or that the Offshore Rate applicable pursuant to subsection 2.08(a) for any requested Interest Period with respect to a proposed Offshore Rate Loan does not adequately and fairly reflect the cost to the Banks of funding such Loan, the Agent will promptly so notify the Company and each Bank. Thereafter, the obligation of the Banks to make or maintain Offshore Rate Loans, as the case may be, hereunder shall be suspended until the Agent, upon the instruction of the Majority Banks, revokes such notice in writing. Upon receipt of such notice, the Company may revoke any Notice of Borrowing or Notice of Conversion/Continuation then submitted by it. If the Company does not revoke such Notice, the Banks shall make, convert or continue the Loans, as proposed by the Company, in the amount specified in the applicable notice submitted by the Company, but such Loans shall be made, converted or continued as Base Rate Loans instead of Offshore Rate Loans. Invoices of BanksAny Bank claiming reimbursement or compensation under this Article III shall deliver to the Company (with a copy to the Agent) a written invoice of all such amounts as may be due together with a reasonably detailed calculation and explanation of the amount payable to the Bank hereunder, which amount shall be paid by the Company within 30 days of the date of invoice provided, however, that the Company shall have no liability for any amounts attributable to a period more than three months prior to invoice date in respect thereof. SurvivalThe agreements and obligations of the Company in this Article III shall survive the payment of all other Obligations. Replacement Bank (a) If any Bank demands compensation under Section 3.01, 3.02 or 3.03, the Company may, subject to the provisions of subsections (b) and (c) of this Section 3.08, remove such Bank ("Removed Bank") and designate another bank acceptable to the Agent, or, if BofA is the Removed Bank, acceptable to the Banks ("Replacement Bank"), to purchase the Removed Bank's share of the Credit, and to assume all of the Removed Bank's obligations under this Agreement. Each substitution under subsection 3.08(a) shall be made upon the irrevocable written notice of the Company received by Agent and Removed Bank at least ten days prior to the date the...
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Examples of INABILITY TO DETERMINE in a sentence

  • INABILITY TO DETERMINE INTEREST RATE...........................................................17 2.11.

  • INABILITY TO DETERMINE RATES...................................32 SECTION 3.06.

  • INABILITY TO DETERMINE APPLICABLE INTEREST RATE......................................

  • INABILITY TO DETERMINE INTEREST RATE.............................................................23 2.14.

  • INABILITY TO DETERMINE INTEREST RATE..................19 SECTION 2.11.

  • INABILITY TO DETERMINE RATE WITH RESPECT TO TERM BENCHMARK LOANS 69 SECTION 2.14.

  • INABILITY TO DETERMINE LIBOR RATE...............................8 SECTION 6.

  • INABILITY TO DETERMINE INTEREST RATES........................31 SECTION 2.18.

  • TAXES, YIELD PROTECTION AND ILLEGALITY 54 3.01 TAXES 54 3.02 ILLEGALITY 59 3.03 INABILITY TO DETERMINE RATES 59 3.04 INCREASED COSTS; RESERVES ON EURODOLLAR RATE LOANS 60 3.05 COMPENSATION FOR LOSSES 61 3.06 MITIGATION OBLIGATIONS; REPLACEMENT OF LENDERS 62 3.07 SURVIVAL 62 ARTICLE IV.

  • INABILITY TO DETERMINE EURODOLLAR RATE......................19 SS.4.11.

Related to INABILITY TO DETERMINE

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Rate Determination Notice has the meaning specified in Section 3.07(g).

  • Regulatory Disruption Any event that Dealer, based on the advice of counsel, determines makes it reasonably necessary or appropriate with regard to any legal, regulatory or self-regulatory requirements or related policies and procedures that generally apply to transactions of a nature and kind similar to the Transaction and have been adopted in good faith by Dealer for Dealer to refrain from or decrease any market activity in connection with the Transaction. Settlement:

  • TIA Applicability Determination As defined in Section 12.12.

  • Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined and the Reference Rate specified in the applicable Final Terms is not XXXXX or SOFR, the Rate of Interest for each Interest Period will, subject as provided below, be either:

  • Index Disruption means in respect of an Index on any Valuation Date, the Index Sponsor fails to calculate and announce such Index.

  • Adverse determination shall have the meaning set forth in Section 19.7.

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Final Disruption Date has the meaning provided in Annex A to this Confirmation. Notwithstanding the foregoing and anything to the contrary in the Equity Definitions, if a Market Disruption Event occurs on any Expiration Date, the Calculation Agent, acting commercially reasonably, may determine that such Expiration Date is a Disrupted Day only in part, in which case (i) the Calculation Agent shall make commercially reasonable adjustments to the Number of Warrants for the relevant Component for which such day shall be the Expiration Date and shall designate the Scheduled Trading Day determined in the manner described in the second preceding sentence as the Expiration Date for the remaining Warrants for such Component, and (ii) the VWAP Price for such Disrupted Day shall be determined by the Calculation Agent based on transactions in the Shares on such Disrupted Day taking into account the nature and duration of such Market Disruption Event on such day. Any Scheduled Trading Day on which, as of the date hereof, the Exchange is scheduled to close prior to its normal close of trading shall be deemed not to be a Scheduled Trading Day; if a closure of the Exchange prior to its normal close of trading on any Scheduled Trading Day is scheduled following the date hereof, but prior to the open of the regular trading session of the Exchange on such day, then such Scheduled Trading Day shall be deemed to be a Disrupted Day in full. Section 6.6 of the Equity Definitions shall not apply to any Valuation Date occurring in respect of an Expiration Date.

  • Standard of Conduct Determination shall have the meaning ascribed to it in Section 9(b) below.

  • Initial determination means the first child custody determination concerning a particular child.

  • Determination Notice is defined in Section 6.1(b)(i) of the Agreement.

  • Reviewing Party means any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board of Directors who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Index Determination Date means, in relation to any Index, a date on which such Indexfalls to be determined in accordance with the Conditions;

  • Independent Appraiser means a nationally recognized or major regional investment banking firm or firm of independent certified public accountants of recognized standing (which may be the firm that regularly examines the financial statements of the Issuer) that is regularly engaged in the business of appraising the Capital Stock or assets of corporations or other entities as going concerns, and which is not affiliated with either the Issuer or the Holder of any Warrant.

  • Independent Expert means a Person or entity with no material current or prior business or personal relationship with the Advisor or the Directors and who is engaged to a substantial extent in the business of rendering opinions regarding the value of assets of the type held by the Company.

  • reasonable measures means appropriate measures which are commensurate with the money laundering or terrorism financing risks;

  • Final Adverse Determination means an Adverse Determination involving a Covered Service that has been upheld by Blue Cross and Blue Shield or its designated utilization review organization, at the completion of Blue Cross and Blue Shield's internal grievance process procedures.

  • Final Determination Date means the following:

  • Reference Rate Determination Date means, in relation to any Reference Rate Business Day(i):

  • Settlement Disruption Event means each of the following events, as determined by the Calculation Agent in its sole discretion acting in good faith and in a commercially reasonable manner: