INABILITY TO Sample Clauses
The "Inability to" clause defines the consequences and procedures if a party is unable to fulfill its contractual obligations due to specific circumstances, such as illness, incapacity, or other disabling events. Typically, this clause outlines what constitutes inability, the required notice to the other party, and any temporary or permanent relief from performance. Its core function is to address situations where performance becomes impossible for reasons beyond a party's control, thereby allocating risk and providing a clear process for handling such disruptions.
INABILITY TO. Make LIBOR Portions and Canadian BA Rate Loans. Notwithstanding any other provision hereof, if any applicable law, treaty, regulation or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for any Lender (for purposes of this subsection 3.1.10, the term "Lender" shall include the office or branch where such Lender or any corporation or bank then controlling such Lender makes or maintains any LIBOR Portions where no other office or branch is reasonably available) to make or maintain its LIBOR Portions or Canadian BA Rate Loans, or if with respect to any Interest Period, Agent, U.K. Agent or Canadian Agent is unable to determine the LIBOR or Canadian BA Rate relating thereto, or adverse or unusual conditions in, or changes in applicable law relating to, the London interbank market or the Canadian BA market, as applicable, make it, in the reasonable judgment of Agent, U.K. Agent or Canadian Agent, impracticable to fund therein any of the LIBOR Portions or Canadian BA Rate Loans, or make the projected LIBOR or Canadian BA Rate unreflective of the actual costs of funds therefor to any Lender, the obligation of Agent, U.K. Agent, Canadian Agent and Lenders (in the case of unlawfulness, only the affected Lender(s)) to make or continue LIBOR Portions or Canadian BA Rate Loans or convert Base Rate Portions or Canadian Prime Rate Loans to LIBOR Portions or Canadian BA Rate Loans, as applicable, hereunder shall forthwith be suspended during the pendency of such circumstances and the applicable Borrower shall, if any affected LIBOR Portions or Canadian BA Rate Loans are then outstanding, promptly upon request from Agent or U.K. Agent, convert such affected LIBOR Portions into Base Rate Portions, or promptly upon request from Canadian Agent, convert such affected Canadian BA Rate Loans into Canadian Prime Rate Loans.
INABILITY TO. FUND If, as a result of any event or circumstance giving rise to an event referred to in Clause 6.1 (a) or (b) (MARKET DISRUPTION), any Bank is unable to fund its portion of an Advance during the Term relating thereto in the currency of such Advance, such Bank shall notify the Agent by no later than 11.30 a.m. (London time) on the Quotation Date for such Advance, the Agent shall promptly notify the relevant Borrower and the Guarantor and the Guarantor may, by no later than 1.00 p.m. (London time) on the Quotation Date for the relevant Term, select that such Advance be denominated in another currency (being either dollars or euros which in either case is freely available for the funding of such Advance during such Term) during such Term. The rate of interest applicable to such Advance during such Term shall be the sum of the Applicable Margin at such time and the rate per annum determined by the Agent to be the arithmetic mean (rounded upwards, if not already such a multiple, to the nearest whole multiple of one thousandth of one per cent.) of the rates (as notified to the Agent (who shall notify the same to the Guarantor)) at which each of the relevant Reference Banks was offering to prime banks in the relevant Interbank Market deposits in the currency of such Advance and for such Term at or about 2.00 p.m. (Amsterdam time) on the Quotation Date for such period and the provisions of Clause 18.5(c) (BORROWER'S INDEMNITY) shall apply. Otherwise, such Advance shall be made or shall continue to remain outstanding in the currency determined in accordance with Clause 4 (UTILISATION OF THE FACILITY) and Clause 18.5(d) (BORROWER'S INDEMNITY) shall apply.
INABILITY TO. PERFORM This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of any prevention, delay, stoppage due to strikes, lockouts, acts of God, or any other cause previously, or at such time, beyond the reasonable control or anticipation of Landlord (collectively, a "FORCE MAJEURE") and Landlord's obligations under this Lease shall be forgiven and suspended by any such Force Majeure.
INABILITY TO. FUND LIBOR LOAN IN THE UNITED STATES If a U.S. Lender determines in good faith, which determination shall be final, conclusive and binding on the U.S. Borrowers, and the Administrative Agent notifies the U.S. Borrowers that (i) adequate and fair means do not exist for ascertaining the interest rate on the basis provided in the definition of LIBOR, (ii) the making or continuation of LIBOR Loans in the United States has been made impracticable by the occurrence of a contingency (other than a mere increase in rates payable by such U.S. Lender to fund the advance) which materially and adversely affects the funding of the advances at any interest rate computed on the basis of LIBOR, or by reason of a change since the date hereof in any applicable law or government regulation, guideline or order (whether or not having the force of law but, if not having the force of law, one with which a responsible U.S. commercial bank would comply) or in the interpretation thereof by any Official Body affecting such U.S. Lender or any relevant financial market, which results in LIBOR no longer representing the effective cost to such Lender of deposits in such market for a relevant Interest Period, or (iii) any change to present law or any future law, regulation, order, treaty or official directive (whether or not having the force of law but, if not having the force of law, one with which a responsible U.S. commercial bank would comply) or any change therein or any interpretation or application thereof by any Official Body has made it unlawful for such U.S. Lender to make or maintain or give effect to its obligations in respect of LIBOR Loans in the United States as contemplated herein, then
(a) the right of the U.S. Borrowers to obtain any credit in United States dollars by way of LIBOR Loans, shall be suspended until such U.S. Lender determines, acting reasonably, that the circumstances causing such suspension no longer exist and such U.S. Lender so notifies the U.S. Borrowers;
(b) if any credit in United States dollars by way of LIBOR Loans is not yet outstanding, any applicable Drawdown Notice shall be cancelled and the advance requested therein shall not be made; and
(c) if any LIBOR Loan is already outstanding at any time when the right of the U.S. Borrowers to obtain credit by way of a LIBOR Loan is suspended, it shall, subject to the U.S. Borrowers having the right to obtain credit by way of a U.S. Base Rate Loan at such time, be converted to a U.S. Base Rate Loan on th...
INABILITY TO. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no way be affected, impaired or excused because Owner is unable to fulfill any of its obligations under this lease, or to supply, or is delayed in surviving, any service expressly or impliedly to be supplied, or is unable to make, or is delayed in making any repair, additions, alterations, or decorations, or is unable to supply, or is delayed in supplying, any equipment, fixtures, or other materials, if Owner is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever including, but not limited to, government preemption or restrictions, or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions which have been or are affected, either directly or indirectly, by war or other emergency. 19
INABILITY TO. PERFORM The owner-driver will promptly advise the hirer if the owner-driver is unable to perform the services or anticipates an unusual delay in the performance.
INABILITY TO. Take Break Employees who are regularly assigned to work a 19 four-hour schedule and cannot take the break provided in Section 13.2 because there is no way 20 to cover their absence during break time, shall be credited with one-quarter (1/4) hour of PTO 21 for each occasion. PTO accumulated inthis manner can be used pursuant to Article 17.
INABILITY TO. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no wise be affected, impaired or excused because Owner is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Owner is prevented or delayed from so doing by reason of strike or labor troubles, or any cause whatsoever beyond Owner’s control, including but not limited to, government preemption or restrictions or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of supply and demand which have been or are affected, either directly or indirectly, by war or other emergency, or when, in the judgment of Owner, temporary interruption of such services is necessary by reason of an accident, mechanical breakdown, or to make repairs, alterations or improvement.