Caused definition

Caused means, with respect to a Person, that such Person has caused an Event of Default by breach or non-performance of a term, provision or covenant of any of the Keep Well Agreement, a Completion Guaranty or the Credit Agreement; PROVIDED that a Person shall not be found to have Caused an Event of Default as a result of such Person's or its Affiliates' Control of the Company or Aladdin Gaming.
Caused means, with respect to a person, that such person has caused an Event of Default by breach or non-performance of a term, provision or covenant of any of the Keep Well Agreement, the Completion Guaranties or the Credit Agreement; PROVIDED that a person shall not be found to have caused an Event of Default as result of such Person's or its Affiliates' control of Gaming Holdings or Aladdin Gaming; (c) "control" means the possession, directly or indirectly, of the power to cause the direction of the management or policies of a person, whether through ownership of voting securities, by contract or otherwise, and "controlling" and "controlled" shall have corresponding meanings; and (d) "Event of Default" means (i) an Event of Default under the Credit Agreement; (ii) a Specified Event under the Keep Well Agreement or any Completion Guaranty; or (iii) any breach or default under the Keep Well Agreement or any Completion Guaranty, in each case pursuant to which the Lenders, the Discount Noteholders or the Contingent Guarantor (as the case may be) have exercised rights or remedies under any of the Credit Agreement, the Completions Guaranties or the Keep Well Agreement, but shall exclude any of the forgoing events which only gives rise to a payment by LCI pursuant to Section 13 of the Keep Well Agreement.

Examples of Caused in a sentence

  • Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

  • Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

  • For avoidance of doubt, if the decision is determined to be arbitrary and capricious and causes delay, it will constitute and be treated as a TxDOT- Caused Delay.

  • Caused to Goods and Property Claims in respect of damage shall be settled as follows.

  • Upon a Company Caused Expiration, if Employee is not then a party to an employment or other agreement with UCH or a subsidiary thereof that provides Employee with Flight Benefits, then UCH shall provide Employee with Flight Benefits during the period of Employee’s employment with UCH and its subsidiaries following the expiration of this Agreement (which Flight Benefits shall be subject to the same restrictions regarding change, amendment and discontinuance as provided in the preceding sentence).

  • The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay.

  • Damaged Caused by any forbidden items or property usage including but not limited to BBQ Grills, Candles, Cigarettes etc.

  • If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay.

  • Disclaimer of Actions Caused by and/or Under the Control of Third Parties.

  • Caused by war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power.

Related to Caused

  • Gross Negligence means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.

  • sustained means maintained continuously over the previous 2 academic years and demonstrated by an overall grade of Level 1 in the appraisals for the 2 years immediately preceding the application for assessment. A lesser period of time can be considered in situations such as maternity or long term sickness. If a teacher is working on a part time basis, the period of time remains 2 years and is not lengthened on a pro rata basis.

  • Damage means actual and/or physical damage to tangible property;

  • Cause means:

  • Materially Damaged means damage which, in Seller’s reasonable estimation, exceeds $500,000.00 to repair or which, in Seller’s reasonable estimation, will take longer than ninety (90) days to repair.