Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Statement of Operations d. Statement of Changes in Net Assets.
Hours of Operation Tenant will carry on its business diligently and continuously in the Premises and will keep the Premises open for business not less than sixteen (16) consecutive hours each day seven (7) days per week, including holidays. Director or his/her representative may, from time to time, change such required hours of operation, in which event, Tenant will remain open during such revised hours. Similarly, Tenant may, from time to time, request to revise its hours of operation. Such change must be approved by Director or his/her representative, in writing, prior to its occurrence. Tenant may not, at any time, vacate or abandon the Premises.
Method of Accounting The Company will use the method of accounting previously determined by the Members for financial reporting and tax purposes.
Continuity of Operations (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
Resignation of Operator Subject to Article 4.11, Operator may resign as Operator at any time by so notifying the other Parties at least one hundred and twenty (120) Days prior to the effective date of such resignation.
Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.
Method of Calculation The Finance Charge on my account is calculated by multiplying the number of days in the billing period by the daily periodic rate and multiplying the result by the "average daily balance". The "daily periodic rate" is the corresponding Annual Percentage Rate divided by 365. The "average daily balance" is figured by taking the beginning balance each day, adding any new advances, purchases, fees, or adjustments, and subtracting any payments or credits. The result is the daily balance, then all daily balances for the billing period are added together and the result is divided by the number of days in the billing period. To avoid paying Finance Charges on Purchase Transactions, the entire outstanding balance of all Purchase, Cash Advance, and Balance Transfer transactions as of the statement date and any Cash Advance or Balance Transfer transactions posted after the statement date, plus any Finance Charges and fees must be paid in full by the due date or the Finance Charge will be assessed from the date each purchase transaction posted. I cannot avoid Interest Charges on Cash Advance and Balance Transfers. Cash Advance and Balance Transfer transactions accrue interest immediately beginning on the date the transaction posts to the account. When there are different rates for purchase, cash advances, or balance transfers, separate average daily balances for each will be calculated and the appropriate periodic rate is then applied to each balance. Purchases and Cash Advances. I may use my card to buy goods and services anywhere it is accepted. I may also use my card to borrow cash from you by making cash advances at any financial institution or ATM (Automated Teller Machine) that accepts it. Making Payment. I will be sent a combined statement each month that shows me the new card account balance. I may pay the entire balance owing at any time, or I may pay in monthly installments. My monthly statement will show the minimum payment I must make and the date when you must receive the payment. My payment of the minimum payment due may be applied to what I owe the Credit Union in any manner you choose. If I make a payment in excess of the required minimum payment due, you will allocate the excess amount first to the balance with the highest annual percentage rate "APR" and any remaining portion to the other balances in descending order based on the next highest APR, as of the date you receive my payment unless otherwise prescribed by law. Other Charges. If I request copies of charge slips or statements, you can charge me a per item fee to cover the cost of finding and duplicating them. If I dispute a charge on my account, and after investigation it is found to be my charge, you can charge a fee to cover the cost of the research. The costs for such services is available in the Fee Schedule posted at each branch and you will provide me information regarding the current costs for such services at the time I make my request. My Credit Limit. From time to time, you may adjust my maximum credit limit. I agree to keep the total of purchases and cash advances made on my account within this limit. Exceeding Credit Limit. I understand that any amount charged over my credit limit will be immediately due and payable in addition to my regularly scheduled payment. The amount over limit will be reflected under the "Past Due" field on my statement and will be added to the "Current Payment". The total amount I will be required to pay in that billing cycle will include the amount exceeding the credit limit and all other amounts that would otherwise be due for that billing cycle.
