Closing of the Facility Sample Clauses

Closing of the Facility. It is anticipated that a part of the Facility or the entire Facility will be temporarily unavailable from time to time while repairs or renovations take place. Management will make every effort to minimize any disruption to members during these periods, and if possible, to schedule any work during off-hours or summer months. The Facility may be closed for holi- days, and may be closed periodically for renovations. Owner may but shall not be obligated to offer members the use of other conveniently located Facilities during the period of unavailability.
Sample 1
AutoNDA by SimpleDocs
Closing of the Facility. The Concessionaire shall remove all perishable food from the Facility within five (5) days after the established closing date of the Facility for the season. Upon termination of this Agreement, all non-fixture appliances, equipment, and non-perishable supplies belonging to the Concessionaire shall be removed from the Facility within a period not to exceed twenty (20) days from the date of termination. Failure on the part of the Concessionaire to comply with these requirements that results in the Town performing the action or hiring others to do so, will constitute an expense charged to the Concessionaire and payment for such expense is due from the Concessionaire to the Town within ten (10) days of the Town's invoicing of any such expense. Each September the Facilities Manager or the Facilities Manager's designee shall make an inspection of the Facility with the Concessionaire to assure that the Facility is thoroughly cleaned and all food materials and perishables removed. The Concessionaire shall provide for professional cleaning of the property of the Town located at the Facility including, without limitation, the ventilation hood, ductwork, and fan within thirty (30) days after the established closing date of the Facility for the season. Invoices from the professional cleaner must be furnished to the Facilities Manager upon the request of the Facilities
Sample 1
Closing of the Facility. The closing of the transactions contemplated hereby (the “Closing”) shall be held in Newark, New Jersey, effective for all purposes as of the Effective Date, or at such other time and/or place as the parties may agree.
Sample 1
Closing of the Facility. Buyer agrees that after the Closing if Buyer elects to terminate the Employees who are employed at the Facility, Buyer will provide any and all notices required by the Worker Adjustment and Retraining Notification Act, 29 U.S.C. ss. 2101 et. seq. and its applicable regulations, and its Massachusetts counterpart, Mass Gen. L. ch. 151 ss.71A et seq. Buyer further agrees that it will indemnify Seller and hold Seller harmless against any loss, expense, damage, claim, liability, obligation, judgment or injuries suffered or sustained by Seller by reason of any act, omission or alleged act or omission arising out of Buyer's obligations under this Section 5.2 (d)(vi), including without limitation, any judgment, award, settlement, attorneys' fees and other costs and expenses incurred in connection with the defense of any actual or threatened action, proceeding or claims, all costs of which shall be paid by Buyer as incurred.
Sample 1

Related to Closing of the Facility

  • Conditions to Closing of the Company The Company’s obligation to sell the Securities at the Closing is subject to the fulfillment to its satisfaction on or prior to the Closing Date of each of the following conditions:

  • CONDITIONS TO CLOSING OF COMPANY The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment or waiver of the following conditions:

  • Closing Conditions of Closing and Borrowing 50 SECTION 6.1 Closing....................................................................... 50 SECTION 6.2 Conditions to Closing and Initial Extensions of Credit........................ 50 SECTION 6.3 Conditions to All Extensions of Credit........................................ 55

  • Conditions to Closing Date This Agreement shall become effective upon, and the obligation of each Lender to make the initial Extensions of Credit on the Closing Date is subject to, the satisfaction of the following conditions precedent:

  • Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction of the following conditions on or before the Closing Date:

  • The First Closing Date Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—], or such other time and date not later than 1:30 p.m. New York City time, on [—] as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

  • Limited Condition Acquisitions Notwithstanding anything in this Agreement or any Loan Document to the contrary, when calculating any applicable ratio or any basket based on Consolidated EBITDA or total assets, or determining other compliance with this Agreement (including the determination of compliance with any provision of this Agreement which requires that no Default or Event of Default has occurred, is continuing or would result therefrom, but excluding Section 4.02 to the extent set forth therein) in connection with a Specified Transaction undertaken in connection with the consummation of a Limited Condition Acquisition, the date of determination of such ratio or any basket based on Consolidated EBITDA or total assets, and determination of whether any Default or Event of Default has occurred, is continuing or would result therefrom or other applicable covenant shall, at the option of the Borrower (the Borrower’s election to exercise such option in connection with any Limited Condition Acquisition, an “LCA Election”), be deemed to be the date the definitive agreements for such Limited Condition Acquisition are entered into (the “LCA Test Date”) and if, after such ratios and other provisions are measured on a Pro Forma Basis after giving effect to such Limited Condition Acquisition and the other Specified Transactions to be entered into in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) as if they occurred at the beginning of the applicable Test Period ending prior to the LCA Test Date, the Borrower could have taken such action on the relevant LCA Test Date in compliance with such ratios and provisions, such provisions shall be deemed to have been complied with; provided that no such acquisition shall constitute a Limited Condition Acquisition unless the Payment Conditions are satisfied on a Pro Forma Basis on the applicable LCA Test Date. For the avoidance of doubt, (x) if any of such ratios are exceeded as a result of fluctuations in such ratio (including due to fluctuations in Consolidated EBITDA of the Borrower and its Subsidiaries) at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios and other provisions will not be deemed to have been exceeded as a result of such fluctuations solely for purposes of determining whether the Limited Condition Acquisition is permitted hereunder and (y) such ratios and other provisions shall not be tested at the time of consummation of such Limited Condition Acquisition or related Specified Transactions. If the Borrower has made an LCA Election for any Limited Condition Acquisition, then in connection with any subsequent calculation of any ratio or basket availability with respect to any other Specified Transaction on or following the relevant LCA Test Date and prior to the earlier of the date on which such Limited Condition Acquisition is consummated or the date that the definitive agreement for such Limited Condition Transaction is terminated or expires without consummation of such Limited Condition Acquisition, any such ratio or basket shall be calculated on a Pro Forma Basis assuming such Limited Condition Acquisition and other transactions in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) have been consummated.

  • Buyer’s Closing Conditions The obligations of Buyer under this Agreement are subject, at the option of Buyer, to the satisfaction, at or prior to the Closing, of the following conditions:

  • Conditions to Closing and Initial Extensions of Credit The obligation of the Lenders to close this Agreement and to make the initial Loan or issue or participate in the initial Letter of Credit, if any, is subject to the satisfaction of each of the following conditions:

  • Seller’s Closing Conditions The obligations of Seller under this Agreement are subject, at the option of Seller, to the satisfaction, at or prior to the Closing, of the following conditions:

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