Failure to consent to Commitment Variation Request Clause Samples

Failure to consent to Commitment Variation Request. (a) If: (i) Aurizon Network gives the Customer a Commitment Variation Request Notice; and (ii) within the applicable time required by clause 6.3(a), the Customer: (A) notifies Aurizon Network that it does not consent to the Commitment Variation Request specified in that Commitment Variation Request Notice; or (B) notifies, or is deemed under clause 6.4(a) to have notified, Aurizon Network that it consents to the Commitment Variation Request specified in the Commitment Variation Request Notice but does not deliver to Aurizon Network an additional or replacement Bank Guarantee as requested in that Commitment Variation Request Notice, then this Agreement will immediately terminate without the need for either Party to give notice of termination to the other Party. (b) If this Agreement terminates under clause 6.5(a), then: (i) Aurizon Network must notify each Other Customer that this Agreement has terminated under clause 6.5(a); (ii) despite the termination of this Agreement and without limiting clause 23.1, clauses 5, 10, 11, 13 and 15 will survive the termination of this Agreement, and will continue to apply, as if this Agreement had not been terminated (but in the case of clause 15, only in respect of Disputes referred to in clause 10); (iii) the Customer’s Study Commitment will be the Customer’s Study Commitment as at the date of termination of this Agreement; and (iv) for the purposes of clause 10, if the Scope of Works, Target Date and/or Target Study Costs are varied under clause 8 of an Other Funding Agreement, they will also be taken to be varied to be the same under this Agreement. (c) If an Other Funding Agreement terminates under clause 6.5(a) of the Other Funding Agreement, then: (i) Aurizon Network must notify the Customer that the Other Funding Agreement has terminated under clause 6.5(a) of that Other Funding Agreement; and (ii) for the purposes of this Agreement (other than clauses 5.3, 5.4 and 15.9 and schedule 7), on and from the date of termination of that Other Funding Agreement: (A) that Other Funding Agreement will cease to be an Other Funding Agreement; and (B) the Other Customer under that Other Funding Agreement will cease to be an Other Customer.
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Related to Failure to consent to Commitment Variation Request

  • Filing of Amendments; Response to Commission Requests The Company will promptly advise the Representatives of any proposal to amend or supplement at any time the Initial Registration Statement, any Additional Registration Statement or any Statutory Prospectus and will not effect such amendment or supplementation without the Representatives’ consent; and the Company will also advise the Representatives promptly of (i) the effectiveness of any Additional Registration Statement (if its Effective Time is subsequent to the execution and delivery of this Agreement), (ii) any amendment or supplementation of a Registration Statement or any Statutory Prospectus, (iii) any request by the Commission or its staff for any amendment to any Registration Statement, for any supplement to any Statutory Prospectus or for any additional information, (iv) the institution by the Commission of any stop order proceedings in respect of a Registration Statement or the threatening of any proceeding for that purpose, and (v) the receipt by the Company of any notification with respect to the suspension of the qualification of the Offered Securities in any jurisdiction or the institution or threatening of any proceedings for such purpose. The Company will use its best efforts to prevent the issuance of any such stop order or the suspension of any such qualification and, if issued, to obtain as soon as possible the withdrawal thereof.

  • Conditions Precedent to Each Competitive Bid Borrowing The obligation of each Lender that is to make a Competitive Bid Advance on the occasion of a Competitive Bid Borrowing to make such Competitive Bid Advance as part of such Competitive Bid Borrowing is subject to the conditions precedent that (a) the Agent shall have received the written confirmatory Notice of Competitive Bid Borrowing with respect thereto, (b) on or before the date of such Competitive Bid Borrowing, but prior to such Competitive Bid Borrowing, the Agent shall have received a Competitive Bid Note payable to the order of such Lender for each of the one or more Competitive Bid Advances to be made by such Lender as part of such Competitive Bid Borrowing, in a principal amount equal to the principal amount of the Competitive Bid Advance to be evidenced thereby and otherwise on such terms as were agreed to for such Competitive Bid Advance in accordance with Section 2.03, and (c) on the date of such Competitive Bid Borrowing the following statements shall be true (and each of the giving of the applicable Notice of Competitive Bid Borrowing and the acceptance by the Borrower of the proceeds of such Competitive Bid Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Competitive Bid Borrowing such statements are true): (i) the representations and warranties contained in Section 4.01 (except the representations set forth in subsection (f) or (g)(i) thereof) are correct in all material respects on and as of the date of such Competitive Bid Borrowing, before and after giving effect to such Competitive Bid Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; and (ii) no event has occurred and is continuing, or would result from such Competitive Bid Borrowing or from the application of the proceeds therefrom, that constitutes a Default.

  • Conditions Precedent to Each Borrowing The obligation of each Bank to make an Advance on the occasion of each Borrowing to any Borrower (including the initial Borrowing) shall be subject to the further conditions precedent that on the date of such Borrowing: (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing and the acceptance by a Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by such Borrower that on the date of such Borrowing such statements are true): (i) The representations and warranties contained in Section 4.01 (excluding those contained in the second sentence of subsection (e) and in subsection (f) thereof), and if such Borrowing is by CFSC, CIF or CFKK, Section 4.02, are correct on and as of the date of such Borrowing, before and after giving effect to such Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, and (ii) No event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default with respect to any Borrower; and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.

  • Effectiveness of Commitment Increase by Borrower An Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of the respective Class of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that:

  • Termination of Commitment On the service of a notice under paragraph (a) of Clause 18.2, the Commitment and all other obligations of the Lender to the Borrower under this Agreement shall terminate.