SUBSTANTIAL PORTION DEFINED Sample Clauses

SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 12.3, a taking of or casualty loss to a "substantial portion" of the Property shall be deemed to include any casualty loss which is equal to or greater than (i) Five Hundred Thousand ($500,000.00) Dollars, or (ii) any casualty loss which would provide Seller as Tenant with the right to abate rent under the Lease or to terminate all or a portion xx xhe Lease.
Sample 1
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SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 11.3, a taking of or casualty loss to a “substantial portion” of the Property shall be deemed to include any taking or casualty loss which is equal to or greater than 20% of the value of the Property as established by the Purchase Price or 20% of the aggregate acreage of the Land and which has a material adverse effect on Buyer’s use of the remainder of the Property and shall not include any taking or casualty loss of less than such amount.
Sample 1
SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 12.4, a taking of or casualty loss to a “substantial portion” of a Project shall be deemed to include any taking or casualty loss which (i) is equal to or greater than (A) 10% of the value of the Project as established by Acquisition Value allocation for such Project, or (B) 10% of the aggregate gross number of square feet contained in the storage facilities constituting such Project, or (ii) involves a taking that has a material adverse effect on Buyer’s use of the remainder of the Project, by materially adversely affecting the adequacy of utilities, parking and/or access to the Project, the location or size of signage for the Project, or the zoning compliance thereof.
Sample 1
SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 22, a taking of or casualty loss to a "substantial portion" of the Property shall be deemed to mean (i) any casualty loss affecting all or any portion of the Property which would cost in excess of $250,000.00 to repair, or (ii) any threatened or commenced condemnation or eminent domain proceeding affecting all or any portion of the Property that adversely affects the continued use and operation of all or any portion of the Property as a self storage facility, whether due to inadequacy of utilities, reduction of parking, impairment of access to the Property, zoning non-compliance or otherwise.
Sample 1
SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 26, a taking of or casualty loss to a “substantial portion” of a Property shall be deemed to include any taking or casualty loss which (i) is equal to or greater than (A) 10% of the value of the Property as established by the allocated portion of the Purchase Price for such Property, or (B) 10% of the aggregate gross number of square feet contained in the storage facilities constituting such Property, or (ii) involves a taking that has a material adverse effect on Buyer’s use of the remainder of such Property, by materially adversely affecting the adequacy of utilities, parking and/or access to the Property, the location or size of signage for the Property, or the zoning compliance thereof.
Sample 1
SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 12.2, a taking of or casualty loss to a "substantial portion" of the Property shall be deemed to include any taking or casualty loss which is equal to or greater than (a) 5% of the value of the Property as established by the Purchase Price, (b) 5% of the parking area or (c) 5% of the aggregate gross number of square feet contained in the buildings that are situated on the Real Property, or any taking of a portion of the Property which has a material adverse effect on Buyer's use of the remainder of the Property and shall not include any taking or casualty loss of less than such amount.
Sample 1
SUBSTANTIAL PORTION DEFINED. For the purposes of this Section 12.3, a taking of or casualty loss to a “substantial portion” of the Property shall be deemed to include any taking or casualty loss which is equal to or greater than (a) 20% of the value of the Property as established by the Purchase Price or (b) 20% of the aggregate gross number of square feet contained in the buildings that are situated on the Land, or any taking of a portion of the Property which has a material adverse effect on Buyer’s use of the remainder of the Property and shall not include any taking or casualty loss of less than such amount.
Sample 1
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Related to SUBSTANTIAL PORTION DEFINED

  • Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify XXXXXX’s exclusion from the tender process.

  • Obligations relating to Change in Ownership 5.3.1 The Concessionaire shall not undertake or permit any Change in Ownership, except with the prior approval of the Authority.

  • Change of Control Defined For purposes of this this Note, the term “

  • Change in Control Definition For purposes of this Agreement, “Change in Control” shall mean the occurrence of any of the following events, provided that such event or occurrence constitutes a change in the ownership or effective control of the Company, or a change in the ownership of a substantial portion of the assets of the Company, as defined in Treasury Regulation §§ 1.409A-3(i)(5)(v), (vi) and (vii): (i) the acquisition by an individual, entity or group (within the meaning of Section 13(d)(3) or 14(d)(2) of the Securities Exchange Act of 1934 (the “Exchange Act”)) (a “Person”) of beneficial ownership of any capital stock of the Company if, after such acquisition, such Person beneficially owns (within the meaning of Rule 13d-3 under the Exchange Act) fifty percent (50%) or more of either (x) the then-outstanding shares of common stock of the Company (the “Outstanding Company Common Stock”) or (y) the combined voting power of the then-outstanding securities of the Company entitled to vote generally in the election of directors (the “Outstanding Company Voting Securities”); provided, however, that for purposes of this subsection (i), the following acquisitions shall not constitute a Change in Control: (1) any acquisition directly from the Company or (2) any acquisition by any entity pursuant to a Business Combination (as defined below) which complies with clauses (x) and (y) of subsection (iii) of this definition; or (ii) a change in the composition of the Board that results in the Continuing Directors (as defined below) no longer constituting a majority of the Board (or, if applicable, the Board of Directors of a successor corporation to the Company), where the term “Continuing Director” means at any date a member of the Board (x) who was a member of the Board on the Effective Date or (y) who was nominated or elected subsequent to such date by at least a majority of the directors who were Continuing Directors at the time of such nomination or election or whose election to the Board was recommended or endorsed by at least a majority of the directors who were Continuing Directors at the time of such nomination or election; provided, however, that there shall be excluded from this clause (y) any individual whose initial assumption of office occurred as a result of an actual or threatened election contest with respect to the election or removal of directors or other actual or threatened solicitation of proxies or consents, by or on behalf of a person other than the Board; or (iii) the consummation of a merger, consolidation, reorganization, recapitalization or share exchange involving the Company, or a sale or other disposition of all or substantially all of the assets of the Company (a “Business Combination”), unless, immediately following such Business Combination, each of the following two (2) conditions is satisfied: (x) all or substantially all of the individuals and entities who were the beneficial owners of the Outstanding Company Common Stock and Outstanding Company Voting Securities immediately prior to such Business Combination beneficially own, directly or indirectly, more than fifty percent (50%) of the then-outstanding shares of common stock and the combined voting power of the then-outstanding securities entitled to vote generally in the election of directors, respectively, of the resulting or acquiring corporation in such Business Combination (which shall include, without limitation, a corporation which as a result of such transaction owns the Company or substantially all of the Company’s assets either directly or through one (1) or more subsidiaries) (such resulting or acquiring corporation is referred to herein as the “Acquiring Corporation”) in substantially the same proportions as their ownership of the Outstanding Company Common Stock and Outstanding Company Voting Securities, respectively, immediately prior to such Business Combination and (y) no Person (excluding any employee benefit plan (or related trust) maintained or sponsored by the Company or by the Acquiring Corporation) beneficially owns, directly or indirectly, fifty percent (50%) or more of the then-outstanding shares of common stock of the Acquiring Corporation, or of the combined voting power of the then-outstanding securities of such corporation entitled to vote generally in the election of directors (except to the extent that such ownership existed prior to the Business Combination); or (iv) the liquidation or dissolution of the Company.

  • Definition of Change of Control For purposes of this Agreement, a “Change of Control” will mean the first to occur of:

  • Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement.

  • Upon a Change of Control In the event of the occurrence of a Change in Control while the Executive is employed by the Company:

  • NO DISSOLUTION, NO NULLIFICATION To the extent permitted by law, the parties hereby waive their rights pursuant to Articles 6:265 to 6:272 inclusive of the Dutch Civil Code to dissolve (ontbinden), or demand in legal proceedings the dissolution (ontbinding) of, this Agreement. Furthermore, to the extent permitted by law, the parties hereby waive their rights under Article 6:228 of the Dutch Civil Code to nullify (vernietigen), or demand in legal proceedings the nullification (vernietiging) of, this Agreement on the ground of error (dwaling).

  • Change in Control Defined For purposes of this Agreement, the term “Change in Control” shall mean the occurrence of any of the following events:

  • Change of Control Triggering Event (a) If a Change of Control Triggering Event occurs, unless the Company has exercised its option to redeem the Offered Securities, it shall be required to make an offer (a “Change of Control Offer”) to each Holder of the Offered Securities to repurchase, at the Holder’s election, all or any part (equal to $1,000 or an integral multiple of $1,000 in excess thereof) of that Holder’s Offered Securities on the terms set forth herein. In a Change of Control Offer, the Company shall be required to offer payment in cash equal to 101% of the aggregate principal amount of Offered Securities repurchased, plus accrued and unpaid interest, if any, on the Offered Securities repurchased to the date of repurchase (a “Change of Control Payment”). Within 30 days following any Change of Control Triggering Event or, at the Company’s option, prior to any Change of Control, but after public announcement of the transaction that constitutes or may constitute the Change of Control, a notice shall be mailed to the Trustee and to the Holders of the Offered Securities describing in reasonable detail the transaction that constitutes or may constitute the Change of Control Triggering Event and offering to repurchase such Offered Securities on the date specified in the notice, which date shall be no earlier than 30 days and no later than 60 days from the date such notice is mailed (a “Change of Control Payment Date”). The notice shall, if mailed prior to the date of consummation of the Change of Control, state that the offer to purchase is conditioned on the Change of Control Triggering Event occurring on or prior to the Change of Control Payment Date.

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