Assumed Approval Issuance Dates Sample Clauses

Assumed Approval Issuance Dates. The Design-Builder shall submit completed applications for each of the Governmental Approvals listed below in Table 3-6 by the applicable “Governmental Approval Application Date”, stated in Table 3-6 as the number of days following the Contract Date. The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as measured from the Application Submission Date and assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Body by the applicable Governmental Approval Application Date. The Scheduled Acceptance Date shall be adjusted to account for the number of days of delay by a Governmental Body in issuing any required Governmental Approval listed below in Table 3-6 beyond the Assumed Approval Issuance Date, reduced by (1) the number of days of Design-Builder delay in submitting a complete application in accordance with this Section beyond the applicable Governmental Approval Application Date, and (2) the number of days of any Governmental Body delay in issuing the required Governmental Approval due to the failure of the Design-Builder to exercise reasonable diligence in accordance with this Section in securing the Governmental Approval following submittal of the complete application, but only to the extent any such Governmental Body delay actually causes delay in the Design-Builder’s critical path completion schedule after the exercise of all reasonable mitigation efforts by the Design-Builder. In addition, the Design- Builder shall be entitled to an adjustment of the Fixed Design-Build Price equal to the Design- Builder’s reasonable daily general conditions costs, subject to Cost Substantiation in accordance with Section 11.9 (Cost Substantiation of Work Already Performed), for the number of days of delay caused by the applicable Governmental Body, as calculated in accordance with this subsection. The Design-Builder shall bear the burden of proving any claim of entitlement to an adjustment under this Section. Except as specifically provided for in this Section, no delay by a Governmental Body in issuing a required Governmental Approval shall entitle the Design- Builder to any price adjustment, schedule relief or any other relief from its performance obligations hereunder. This subsection (J) does not apply to delays in obtaining the New Domestic Water Supply Permit which permit is addressed in subsection 4.2(...
Sample 1Sample 2
AutoNDA by SimpleDocs
Assumed Approval Issuance Dates. The DBOM Contractor shall submit completed applications for each of the Governmental Approvals listed below in Table 7.4 by the applicable “Governmental Approval Application Date”, as indicated in the DBOM Contractor’s preliminary Project Schedule set forth in Schedule 7 (Progress Schedule Requirements). The Governmental Approval Application Dates are estimated in the DBOM Contractor’s preliminary Project Schedule and shall be finalized in the DBOM Contractor’s final Project Schedule Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 7 - Design and Permitting of the Project ​ prepared in accordance with Schedule 7 (Progress Schedule Requirements). The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as measured by adding the number of days indicated in the table below to the applicable Governmental Approval Application Date and assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Body by the applicable Governmental Approval Application Date. Table 7.4 Governmental Approval Issuing Governmental Body Assumed Approval Issuance Date(Calendar Days) Underground Injection Well Waste Discharge Permit Hawaii Department of Health, Safe Drinking Water Branch ​ 290 days1 Environmental Impact Statement (EIS), Supplemental Hawaii Department of Health, Clean Water Branch, BWS and Bureau of Reclamation 290 days1 Archaeological Inventory Survey Report (“AIS”) for Site State Historic Preservation Division (SHPD) 80 days1(draft AIS may be used by DBOM Contractor at BWS’s direction and the risk of changes in the final AIS will be borne by the BWS) Olai Street Roadway Easements DLNR and Property Owner 290 days1 State Lands Access Roadway Easement DLNR 290 days1 Water Use Permit (Well Pump Installation Permit related to the use of the Sourced Seawater Xxxxx) State of Hawaii, Department of Land and Natural Resources (DLNR), Commission on Water Resource Management (CWRM) 180 days2 Amendment to the BWS’ Domestic Water Supply Permit Hawaii Department of Health, Safe Drinking Water Branch 365 days Building Permit City and County of Honolulu, Department of Planning and Permitting, Site Development Division (“City DPP”) 332 days Preservation Plan, Burial Plan, and Archaeological Monitoring Plan State Historic Preservation...
Sample 1
Assumed Approval Issuance Dates. The Company shall submit completed applications for each of the Governmental Approvals listed below by the applicable “Governmental Approval Application Date,” as indicated in the initial Project Schedule set forth in Appendix 16. The Governmental Approval Application Dates are estimated in the Company’s initial schedule and shall be finalized in the approved Project Schedule prepared in accordance with Appendix 16. The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as set forth in the Project Schedule and Appendix 16, assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Authority by the applicable Governmental Approval Application Date.
Sample 1

Related to Assumed Approval Issuance Dates

  • Pre-Closing Transactions Prior to the purchase of the Initial Securities on the Closing Date, the Pre-Closing Transactions shall have been duly consummated at the respective times and on the terms contemplated by this Agreement, the General Disclosure Package and the Prospectus and the Representatives shall have received such evidence that the Pre-Closing Transactions have been consummated as the Representatives may reasonably request.

  • Closing Transactions On the terms and subject to the conditions set forth in this Agreement, the following transactions shall occur in the order set forth in this Section 2.1:

  • The Closing Transactions Subject to the terms and conditions set forth in this Agreement, the parties hereto shall consummate the following transactions on the Closing Date:

  • Multiple Closing Dates In the event the Corporation shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Conversion Price of any series of Preferred Stock pursuant to the terms of Subsection 5.4.4, and such issuance dates occur within a period of no more than ninety (90) days from the first such issuance to the final such issuance, then, upon the final such issuance, such Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

  • Initial Issuance To obtain the Credit for the first Taxable Year, the Company shall do the following on or before 90 days after the end of the first Taxable Year:

  • Additional Issuances There are no outstanding agreements or preemptive or similar rights affecting the Company's common stock or equity and no outstanding rights, warrants or options to acquire, or instruments convertible into or exchangeable for, or agreements or understandings with respect to the sale or issuance of any shares of common stock or equity of the Company or other equity interest in any of the subsidiaries of the Company, except as described in the Reports or Other Written Information.

  • Required Approvals For so long as twenty-five percent (25%) of the principal amount of the Note is outstanding, the Company, without the prior written consent of the Purchaser, shall not, and shall not permit any of its Subsidiaries to:

  • Required Approval Any indemnification under this Article shall be made by the Trust if authorized in the specific case on a determination that indemnification of the Agent is proper in the circumstances by (i) a final decision on the merits by a court or other body before whom the proceeding was brought that the Agent was not liable by reason of Disqualifying Conduct (including, but not limited to, dismissal of either a court action or an administrative proceeding against the Agent for insufficiency of evidence of any Disqualifying Conduct) or, (ii) in the absence of such a decision, a reasonable determination, based upon a review of the facts, that the Agent was not liable by reason of Disqualifying Conduct, by (1) the vote of a majority of a quorum of the Trustees who are not (x) “interested persons” of the Trust as defined in Section 2(a)(19) of the 1940 Act, (y) parties to the proceeding, or (z) parties who have any economic or other interest in connection with such specific case (the “disinterested, non-party Trustees”); or (2) by independent legal counsel in a written opinion.

  • Restructuring Transactions On the Effective Date, the Debtor, Newco, GP, Finance Co and Merger Co shall enter into the Consensual Transaction described in Section 3 of the Implementation Plan attached to the Transaction Support Agreement as Exhibit B. On the later of the Effective Date and the Merger Date, the Debtor and Merger Co will enter into a merger agreement under which the Debtor will merge with Merger Co, and following the merger, the Debtor will be the surviving and successor entity. The actions to implement this Plan and the Implementation Plan may include, in accordance with the consent rights in the Transaction Support Agreement: (a) the execution and delivery of appropriate agreements or other documents of merger, amalgamation, consolidation, restructuring, conversion, disposition, transfer, arrangement, continuance, dissolution, sale, purchase, or liquidation containing terms that are consistent with the terms of the Plan and the Transaction Support Agreement and that satisfy the applicable requirements of applicable law and any other terms to which the applicable Entities may agree; (b) the execution and delivery of appropriate instruments of transfer, assignment, assumption, or delegation of any asset, property, right, liability, debt, or obligation on terms consistent with the terms of the Plan and the Transaction Support Agreement and having other terms for which the applicable parties agree; (c) the filing of appropriate certificates or articles of incorporation, reincorporation, merger, consolidation, conversion, amalgamation, arrangement, continuance, or dissolution pursuant to applicable state or provincial law; (d) the execution and delivery of contracts or agreements, including, without limitation, transition services agreements, employment agreements, or such other agreements as may be deemed reasonably necessary to effectuate the Plan in accordance with the Transaction Support Agreement; and (e) all other actions that the applicable Entities determine to be necessary, including making filings or recordings that may be required by applicable law in connection with the Plan.

  • Closing Dates Each Closing of the purchase of Convertible Debentures by the Buyers shall occur at the offices Yorkville Advisors Global, LP, 0000 Xxxxxxxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000. The date and time of each Closing shall be as follows: (i) the First Closing shall be 10:00 a.m., New York time, on the first Business Day on which the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “First Closing Date”), (ii) the Second Closing shall be 10:00 a.m., New York time, by the third Business Day after the date on which the Registration Statement is filed by the Company with the SEC, provided the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “Second Closing Date”), and (iii) the Third Closing shall be 10:00 a.m., New York time, by the third Business Day after the Registration Statement is first declared effective by the SEC, provided the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “Third Closing Date” and collectively referred to as the “Closing Dates”). As used herein “Business Day” means any day other than a Saturday, Sunday or other day on which commercial banks in New York, New York are authorized or required by law to remain closed.

Time is Money Join Law Insider Premium to draft better contracts faster.