Changed circumstances provided for in the CCAA Sample Clauses

The 'Changed circumstances provided for in the CCAA' clause defines how parties to an agreement must address significant changes in circumstances as outlined under the Companies' Creditors Arrangement Act (CCAA). This clause typically applies when a company undergoing restructuring experiences events such as financial hardship, regulatory changes, or other unforeseen developments that could impact the terms of the arrangement. By specifying procedures for adapting to these changes, the clause ensures that the agreement remains fair and workable, thereby providing a mechanism to manage risk and maintain stability during restructuring.
Changed circumstances provided for in the CCAA. If unanticipated levels of take of ▇▇▇▇▇▇ occur over the duration of this agreement, USFWS will determine the ongoing effectiveness of this agreement. If USFWS determines that the amount of take or the impact of such take prevents this agreement from achieving the CCAA standard, this agreement may be modified to ensure that conservation benefits meeting the USFWS CCAA standard can be achieved. Enrolled landowners may choose to continue their participation under the modified agreement or to discontinue their participation in the CCAA at any time.
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Changed circumstances provided for in the CCAA. If the habitat protections provided by the Northwest Forest Plan or any of the Habitat Conservation Plans described in Section 20 of this CCAA are modified, discontinued, or no longer afford conservation benefit to ▇▇▇▇▇▇ during the duration of this CCAA, WDFW will confer with USFWS to determine the ongoing effectiveness of this CCAA. If USFWS determines that changes to plans described in Section 20 prevent this CCAA from achieving the CCAA standard, this CCAA may be modified to ensure that conservation benefits meeting the CCAA standard can be achieved. Enrolled landowners may choose to continue their participation under the modified CCAA or to discontinue their participation in the CCAA at any time. If unanticipated levels of take of ▇▇▇▇▇▇ occur over the duration of this CCAA, WDFW will confer with USFWS to determine the ongoing effectiveness of this CCAA. If USFWS determines that the amount of take or the impact of such take prevents this CCAA from achieving the CCAA standard, this CCAA may be modified to ensure that conservation benefits meeting the CCAA standard can be achieved. Enrolled landowners may choose to continue their participation under the modified CCAA or to discontinue their participation in the CCAA at any time.
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Changed circumstances provided for in the CCAA. If additional conservation measures are necessary to respond to changed circumstances and the measures were set forth in the CCAA’s operating program, WDNR will implement the measures specified in the CCAA.
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Changed circumstances provided for in the CCAA. If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and were provided for in the CCAA’s operating conservation program, the permittee will implement the measures specified in the CCAA. Changed circumstances are changes in circumstances affecting covered species or geographic areas covered by this CCAA that can reasonably be expected by CCAA developers and that can be reasonably planned for in the CCAA. Changed circumstances are not unforeseen circumstances. measures were not provided for in the CCAA’s operating conservation program, the USFWS will not require any conservation and mitigation measures in addition to those provided for in the CCAA without the consent of the Permittee, provided the CCAA is being properly implemented.
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Changed circumstances provided for in the CCAA. If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and were provided for in the CCAA’s operating conservation program, the permittee will implement the measures specified in the CCAA. Changed circumstances are changes in circumstances affecting covered species or geographic areas covered by this CCAA that can reasonably be expected by CCAA developers and that can be reasonably planned for in the CCAA. Changed circumstances are not unforeseen circumstances. provided for in the CCAA without the consent of the Permittee, provided the CCAA is being properly implemented.
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Changed circumstances provided for in the CCAA. ‌ If additional conservation measures are necessary to respond to changed circumstances, such as wildfire, drought, snake fungal disease or the federal listing of a species with overlap in habitat, and the measures were set forth in the CCAA’s operating conservation program, the DNR or CI participant will implement those measures specified in the CCAA. Changed circumstances that may occur include:
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Related to Changed circumstances provided for in the CCAA

  • Standard for Indemnification If, by reason of Indemnitee’s Corporate Status, Indemnitee is, or is threatened to be, made a party to any Proceeding, the Company shall indemnify Indemnitee against all judgments, penalties, fines and amounts paid in settlement and all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection with any such Proceeding unless it is established that (a) the act or omission of Indemnitee was material to the matter giving rise to the Proceeding and (i) was committed in bad faith or (ii) was the result of active and deliberate dishonesty, (b) Indemnitee actually received an improper personal benefit in money, property or services or (c) in the case of any criminal Proceeding, Indemnitee had reasonable cause to believe that Indemnitee’s conduct was unlawful.

  • STATUTORY PENALTY FOR INADEQUATE QUALIFIED INVESTMENT Pursuant to Section 313.0275 of the TEXAS TAX CODE, in the event that the Applicant fails to make $10,000,000 of Qualified Investment, in whole or in part, during the Qualifying Time Period, the Applicant is liable to the State for a penalty. The amount of the penalty is the amount determined by: (i) multiplying the maintenance and operations tax rate of the school district for that tax year that the penalty is due by (ii) the amount obtained after subtracting (a) the Tax Limitation Amount identified in Section 2.4.B from (b) the Market Value of the property identified on the Appraisal District's records for the Tax Year the penalty is due. This penalty shall be paid on or before February 1 of the year following the expiration of the Qualifying Time Period and is subject to the delinquent penalty provisions of Section 33.01 of the TEXAS TAX CODE. The Comptroller may grant a waiver of this penalty in the event of Force Majeure which prevents compliance with this provision.

  • Procedure for Notification of Claim for Indemnification or Advancement (a) Indemnitee will notify the Company in writing of any Proceeding with respect to which Indemnitee intends to seek indemnification or advancement of Expenses hereunder as soon as reasonably practicable following the receipt by Indemnitee of written notice thereof. Indemnitee will include in the written notification to the Company a description of the nature of the Proceeding and the facts underlying the Proceeding and provide such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification following the final disposition of such Proceeding. Indemnitee’s failure to notify the Company will not relieve the Company from any obligation it may have to Indemnitee under this Agreement, and any delay in so notifying the Company will not constitute a waiver by Indemnitee of any rights under this Agreement. The Secretary of the Company will, promptly upon receipt of such a request for indemnification or advancement, advise the Board in writing that Indemnitee has requested indemnification or advancement. (b) The Company will be entitled to participate in the Proceeding at its own expense.

  • Action for Indemnification To indemnify Indemnitee for any expenses incurred by Indemnitee with respect to any action, suit or proceeding instituted by Indemnitee to enforce or interpret this Agreement, unless Indemnitee is successful in establishing Indemnitee’s right to indemnification in such action, suit or proceeding, in whole or in part, or unless and to the extent that the court in such action, suit or proceeding shall determine that, despite Indemnitee’s failure to establish their right to indemnification, Indemnitee is entitled to indemnity for such expenses; provided, however, that nothing in this Section 8(b) is intended to limit the Corporation’s obligation with respect to the advancement of expenses to Indemnitee in connection with any such action, suit or proceeding instituted by Indemnitee to enforce or interpret this Agreement, as provided in Section 4 hereof.

  • PROCEDURE FOR INDEMNIFICATION--THIRD PARTY CLAIMS (a) Promptly after receipt by an indemnified party under Section 12.1 or 12.2 of notice of the commencement of any proceeding against it, such indemnified party will, if a claim is to be made against an indemnifying party under such Section, give notice to the indemnifying party of the commencement of such claim, but the failure to notify the indemnifying party will not relieve the indemnifying party of any liability that it may have to any indemnified party, except to the extent that the indemnifying party demonstrates that the defense of such action is prejudiced by the indemnifying party's failure to give such notice. (b) If any proceeding referred to in Section 12.4(a) is brought against an indemnified party and it gives notice to the indemnifying party of the commencement of such proceeding, the indemnifying party will be entitled to participate in such proceeding and, to the extent that it wishes (unless the indemnifying party is also a party to such proceeding and the indemnified party determines in good faith that joint representation would be inappropriate), to assume the defense of such proceeding with counsel satisfactory to the indemnified party and, after notice from the indemnifying party to the indemnified party of its election to assume the defense of such proceeding, the indemnifying party will not, as long as it diligently conducts such defense, be liable to the indemnified party under this Section 12 for any fees of other counsel or any other expenses with respect to the defense of such proceeding, in each case subsequently incurred by the indemnified party in connection with the defense of such proceeding, other than reasonable costs of investigation. If the indemnifying party assumes the defense of a proceeding, (i) it will be conclusively established for purposes of this Agreement that the claims made in that proceeding are within the scope of and subject to indemnification; (ii) no compromise or settlement or such claims may be effected by the indemnifying party without the indemnified party's consent unless the sole relief provided is monetary damages that are paid in full by the indemnifying party; and (iii) the indemnified party will have no liability with respect to any compromise or settlement of such claims effected without its consent. If notice is given to an indemnifying party of the commencement of any proceeding and the indemnifying party does not, within ten days after the indemnified party's notice is given, give notice to the indemnified party of its election to assume the defense of such proceeding, the indemnifying party will be bound by any determination made in such proceeding or any compromise or settlement effected by the indemnified party.