Eminent Domain; Casualty. There are no pending eminent domain proceedings against the Collateral Property or any part thereof, and, to the knowledge of Borrower, the Guarantors and Owner, no such proceedings are presently threatened or contemplated by any taking authority. Neither the Collateral Property nor any part thereof is now damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
Eminent Domain; Casualty. As of the Closing Date, there are no pending eminent domain proceedings against the Mortgaged Property or the Negative Pledge Property or any part thereof, and, to Borrower’s Knowledge, no such proceedings are presently threatened or contemplated by any taking authority. Neither the Mortgaged Property, the Negative Pledge Property nor any part thereof is, as of the Closing Date, materially damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
Eminent Domain; Casualty. At the time the Eligible Asset becomes a Borrowing Base Asset, there are no pending eminent domain proceedings against the Eligible Asset or any part thereof, and, to Borrower’s Knowledge, no such proceedings are presently threatened or contemplated by any taking authority. Neither the Eligible Asset nor any part thereof is, as of the date such Eligible Asset becomes a Borrowing Base Asset, materially damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
Eminent Domain; Casualty. There are no pending eminent domain proceedings against the Mortgaged Property or the Mezzanine Property or any part thereof, and, to the knowledge of the Borrower, no such proceedings are presently threatened or contemplated by any taking authority. No Mortgaged Property, Mezzanine Property or Building nor any part thereof is now damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
Eminent Domain; Casualty. 8.1 If all or substantially all of the Property is taken by eminent domain after the date hereof and prior to the Closing, this Agreement shall terminate and the Deposit shall be returned to Buyer. If a taking by eminent domain of a material part of the Property shall be made after the date hereof and prior to the Closing, then the Seller shall promptly notify Buyer of the same (the "Taking Notice"), and Buyer shall have the right to terminate this Agreement by notice from Buyer to Seller given on or before the date that is the earlier to occur of: (a) after ten (10) days the date of the Taking Notice, and (b)
Eminent Domain; Casualty. 54 (k) Leases. . . . . . . . . . . . . . . . . . . . . . . . . . 54 (l)
Eminent Domain; Casualty. Except as set forth on Schedule 6.24(k) hereto, there are no pending eminent domain proceedings against the Mortgaged Property or any part thereof, and, to the best of the knowledge and belief of the Borrower and REA no such proceedings are presently threatened or contemplated by any taking authority. Neither the Mortgaged Property, the Building nor any part thereof is now materially damaged or injured as a result of any fire, explosion, accident, flood or other casualty.
Eminent Domain; Casualty. (a) If the whole of the Premises shall be taken, or such part thereof shall be taken as shall materially interfere with Tenant’s use and occupancy of the balance thereof, under power of eminent domain, or sold, transferred, or conveyed in lieu thereof, either Tenant or Landlord may terminate this Sublease as of the date of such condemnation or as of the date possession is taken by the condemning authority, whichever date occurs later. If any part of the Project other than the Premises, including parking facilities and adjacent landscaped areas, shall be so taken, sold, transferred or conveyed in lieu thereof, Landlord and Tenant shall each have the right, at their respective options, to terminate this Sublease as of the date of such condemnation or as of the date possession is taken by the condemning authority. No award for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Landlord any award which may be made in such taking or condemnation, together with any and all rights of Tenant now or hereafter arising in or to the same or any part thereof; provided, however, that nothing contained herein shall be deemed to give Landlord any interest in or require Tenant to assign to Landlord any award made to Tenant for the loss of goodwill, taking of personal property and fixtures belonging to Tenant and removable by Tenant at the expiration of the term hereof, as provided hereunder, or for the interruption of, or damage to Tenant’s business or for relocation expenses recoverable against the condemning authority. In the event of a partial taking, or a sale, transfer, or conveyance in lieu thereof, which does not result in a termination of this Sublease, Landlord shall, to the extent of any funds received from the condemning authority for repair or restoration, restore the Premises substantially to their condition prior to such partial taking and, thereafter, rent shall be abated in the proportion which the square footage of the part of the Premises so made unusable bears to the total amount of Rentable Area immediately prior to the taking. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure.
Eminent Domain; Casualty. 10.1 If all or substantially all of the Property is taken by eminent domain after the date hereof and prior to the Closing, this Agreement shall terminate and the Deposit shall be returned to Buyer. If a taking by eminent domain of a material part of the Property (as hereinafter defined) shall be made after the date hereof and prior to the Closing then Seller shall promptly notify Buyer of the same (the “Taking Notice”), and Buyer shall have the right to terminate this Agreement by notice from Buyer to Seller and Escrow Agent given before the date that is the earlier to occur of (a) ten (10) days after the date of the Taking Notice and (b) the Closing. In the event Buyer does not terminate this Agreement, Buyer shall accept such title to the Property as Seller can deliver, in which case Seller shall pay over or assign to Buyer all rights and proceeds arising by reason of such taking (less any collection costs incurred by Seller in connection therewith and any costs and expenses incurred by Seller to restore the Property) and Buyer shall pay the Purchase Price without reduction. If this Agreement so terminates, then the Deposit shall be paid to Buyer. For purposes of this Section, a taking by eminent domain of a material part of the Property shall be defined as any taking which is of a nature which would give the tenant under the IDEXX Lease the right to terminate the IDEXX Lease pursuant to the terms thereof.
Eminent Domain; Casualty. In the event that, prior to the Actual Closing Date, all or a significant portion of the Project is damaged by a fire or other casualty or is subject to a condemnation or taking, then (a) Seller shall promptly notify Buyer of the same (an "EVENT NOTICE") and (b) Buyer or Seller may at its option terminate this Agreement not later than (i) as to Seller, ten (10) days following the occurrence of such casualty or condemnation or taking and (ii) as to Buyer, ten (10) days following receipt by Buyer of an Event Notice. In the event of the termination of this Agreement pursuant to this Section, the Xxxxxxx Money, together with all interest earned thereon, shall be returned to Buyer and both parties shall be relieved of all obligations hereunder except as specifically provided herein. Pending the exercise, if any, of such option by Buyer or Seller, at either party's option, the Due Diligence Period, if applicable, and the Closing Date shall be extended for a reasonable period of time. For purposes of this Section 12, a "significant portion" of the Land and Improvements shall mean (a) in the case of a casualty, a portion which would cost in excess of Five Hundred Thousand Dollars ($500,000) to restore and (b) in the case of a condemnation or taking by eminent domain, any portion of the Land or Improvements having a value or causing damage to the remainder of more than Five Hundred Thousand Dollars ($500,000).
