Financing Events Clause Samples
Financing Events. Concessionaire may, with the prior written consent of Director, which shall not be unreasonably withheld, and subject to any specific conditions which may be imposed by Director, consummate one or more Financing Event(s) (as defined below). Concessionaire shall submit to Director a complete set of all proposed transaction documents in connection with each proposed Financing Event. Director shall have ninety (90) days in which to grant or withhold approval of the Financing Event. If not approved in writing within such ninety (90) day period, the proposed Financing Event shall be deemed disapproved by Director. Concessionaire shall further reimburse County for County's Actual Cost incurred in connection with its review of the proposed Financing Event, including without limitation the costs of in-house counsel, outside counsel and third party consultants. For the purposes of this Agreement, including without limitation the provisions of Sections 4.6 through 4.8 hereof, a "Financing Event" shall mean any financing or refinancing consummated by Concessionaire, whether with private or institutional investors or lenders, where such financing or refinancing is (a) an Encumbrance (as defined below) or (b) has been underwritten based upon, or is intended to be repaid from, the proceeds of Concessionaire's operation of the Premises or the sale, assignment or transfer of Concessionaire's interest as provided herein.
Financing Events. Lessee shall not consummate a Financing Event (as defined below) without the prior written consent of Director, which consent shall not be unreasonably withheld, conditioned or delayed. For the purposes of this Lease, including without limitation, the provisions of Sections 4.6 through 4.8 hereof, a “Financing Event” shall mean (i) any debt financing or refinancing consummated by Lessee, whether with private or institutional lenders, where such financing or refinancing is an Encumbrance (as defined below); or (ii) any equity financing or refinancing, whether with private or institutional lenders, where the financing or refinancing is secured by beneficial interests in Lessee and the absolute assignment of the beneficial interests secured by such financing or refinancing would require the consent of County under this Lease. For purposes of this Lease, an “Equity Financing Event” means a Financing Event described in clause (ii) of the foregoing definition of Financing Event. Lessee shall submit to Director a complete set of all proposed transaction documents in connection with each proposed Financing Event. Lessee shall submit to Director a preliminary loan package and thereafter a complete set of all proposed transaction documents in connection with each proposed Financing Event. The preliminary loan package shall include the loan commitment (or the so-called “loan application” if the loan commitment is styled as a loan application) and any other documents, materials or other information reasonably requested by Director. Lessee shall have the right, but not the obligation, to include draft loan documents in the preliminary loan package. Director shall have sixty (60) days (thirty (30) days for the initial construction loan for the Renovation Work) to grant or withhold approval of the preliminary loan package. Director shall have sixty (60) days (thirty (30) days for the initial construction loan for the Renovation Work) after receipt of substantially complete loan documents conforming to the approved preliminary loan package in which to grant or withhold final approval of the Financing Event; provided, however, that if the preliminary loan package included draft loan documents then the foregoing sixty (60) day period shall be reduced to thirty (30) days. If not approved by Director in writing within the foregoing periods, the proposed Financing Event shall be deemed disapproved by Director (and, if so requested in writing by Lessee), Director shall within t...
Financing Events. 71 13.1.1. Encumbrances............................................... 71 13.1.2. Consent Not Required to Transfer Resulting from Foreclosure..................................... 71 13.1.3. Effect of Foreclosure...................................... 72 13.2. Right to Notice and Cure Defaults................................... 72 13.3.
Financing Events