Final Release Conditions definition

Final Release Conditions has the meaning assigned to such term in Section 9.14(c).
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Final Release Conditions means Final Release Conditions as defined in Paragraph 29.
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Final Release Conditions means No Forbearance Default has occurred; All of the Facilities have been fully and finally transitioned to Landlord’s Successor Operator (for purposes of this Section 8, such term shall include, in the event of any Management Election, Landlord or its designee) in accordance with the terms of this Agreement and the Master Lease, including, but not limited to, all necessary licenses and permits to operate the Facilities having been issued to such Successor Operator and any so-called “bridging arrangements” with respect to such Facilities having been terminated; All prorations and other payments between Tenant, Landlord and/or Successor Operator of operating revenues and expenses have been fully and finally settled and paid; None of Tenant nor any of its Affiliates are subject to a voluntary or involuntary petition under the Bankruptcy Code (11 U.S.C. §§ 101 et. seq.), receivership, foreclosure, assignment for benefit of creditors, or any similar proceeding for the restructuring of its respective financial affairs or liquidation of its respective assets under state or federal law; No claim has been asserted against Tenant, Landlord, or in each case, any of their Affiliates, seeking to challenge or unwind any of the transactions contemplated herein; and Tenant provides an updated release in the form contemplated by Section 11.2.
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Examples of Final Release Conditions in a sentence

  • Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until satisfaction of the Final Release Conditions.

  • The Letter of Credit shall (subject to a reduction in the amount of the Letter of Credit as set forth in Paragraph 29(b)) remain in full force and effect until satisfaction of the Final Release Conditions (as hereinafter defined), or with respect to any Letter of Credit issued pursuant to the terms of Paragraph 29(e) or Paragraph 29(f), until satisfaction of the provisions for release set forth therein.

  • Each of the Guarantors’ obligations hereunder shall constitute a continuing and irrevocable guarantee of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations shall have been paid in full in cash and the Commitments and all Letters of Credit issued under the Credit Agreement shall have terminated or expired or satisfaction otherwise of the Final Release Conditions.

  • Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the satisfaction of the Final Release Conditions.

  • Nothing shall discharge or satisfy the liability of the Company under this Article X except, with respect to any Company Guaranteed Obligation, the full performance and payment in cash of such Company Guaranteed Obligations, or satisfaction otherwise of the Final Release Conditions.

  • Nothing shall discharge or satisfy the liability of the Company under this Article X except the full performance and payment in cash of the Guaranteed Obligations or satisfaction otherwise of the Final Release Conditions.

  • This Security Agreement shall continue in effect (notwithstanding the fact that from time to time there may be no Secured Obligations outstanding) until, and shall automatically terminate, all without delivery of any instrument or performance of any act by any Person, upon, the satisfaction of the Final Release Conditions.

  • Nothing shall discharge or satisfy the liability of the Borrower under this Article X except, with respect to any Specified Ancillary Obligation, the full performance and payment in cash of such Specified Ancillary Obligations, or satisfaction otherwise of the Final Release Conditions.

  • Currently each individual site comprises an established borrow pit and no other related infrastructure, except for informal access routes.

  • Any and all costs and expenses contained in this Security Agreement or by law afforded shall be cumulative and all shall be available to incurred by the Grantors in the performance of actions required pursuant to the terms hereof shall be borne the Collateral Agent and the other Secured Parties until the Final Release Conditions have been satisfied.


More Definitions of Final Release Conditions

Final Release Conditions has the meaning assigned to such term in Section 9.19(c) . “Financial Officer ” means the chief financial officer, principal accounting officer, treasurer or controller of the Company. “First Lien Net Leverage Ratio ” means, as of any date of determination, the ratio of (a) an amount equal to (i) Consolidated Total Secured Indebtedness, but excluding any secured indebtedness to the extent the Liens with respect thereto are subordinated to the Liens securing the Secured Obligations or the Term Loan Obligations, as of the last day of the most recent Test Period on or prior to such date of determination minus (ii) the aggregate amount of unrestricted and unencumbered cash and Permitted Investments included in the consolidated balance sheet of the Company and its Subsidiaries as of such date, which aggregate amount shall be determined without giving pro forma effect to the proceeds of Indebtedness incurred on such date to (ii) Consolidated EBITDA of the Company and its Subsidiaries for such Test Period. “First Tier Foreign Subsidiary ” means each Foreign Subsidiary with respect to which any one or more of the Company and its Domestic Subsidiaries directly owns more than 50% of such Foreign Subsidiary’s issued and outstanding Equity Interests. “Fixed Charge Coverage Ratio ” means, for any period, the ratio of (a) Consolidated EBITDA minus Capital Expenditures (other than Capital Expenditures (i) financed with Indebtedness (other than Revolving Loans), (ii) made to restore, replace or rebuild assets subject to casualty or condemnation events to the extent made with the cash proceeds of insurance or condemnation awards, (iii) to the extent made with the cash proceeds of permitted asset dispositions and/or (iv) constituting capital assets acquired in a Permitted Acquisition) to (b) Fixed Charges, all calculated for the Company and its Subsidiaries on a consolidated basis in accordance with GAAP. “Fixed Charges ” means, for any period, without duplication, (a) cash Consolidated Interest Expense plus (b) to the extent positive, expenses for income taxes paid in cash plus (c) scheduled cash principal payments made on Indebtedness for borrowed money plus (d) cash dividends paid by the Company, plus (e) cash contributions to any Plan (to the extent not accounted for in the calculation of Consolidated EBITDA), all calculated for the Company and its Subsidiaries (except as provided in clause (d) ) on a consolidated basis in accordance with GAAP; provided that, for purpos...
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Final Release Conditions has the meaning assigned to such term in Section 9.19(c). “Financial Officer” means the chief financial officer, principal accounting officer, treasurer or controller of the Company. “First Tier Foreign Subsidiary” means each Foreign Subsidiary with respect to which any one or more of the Company and its Domestic Subsidiaries directly owns more than 50% of such Foreign Subsidiary’s issued and outstanding Equity Interests. “Fixed Asset Priority Collateral” has the meaning assigned thereto in the ABL/Fixed Asset Intercreditor Agreement, and is intended to indicate that portion of the Collateral subject to a prior Lien in favor of the Term Loans/Notes Agent. “Fixed Charge Coverage Ratio” means, for any period, the ratio of (a) Consolidated EBITDA minus Capital Expenditures (other than Capital Expenditures (i) financed with Indebtedness (other than Revolving Loans), (ii) made to restore, replace or rebuild assets subject to casualty or condemnation events to the extent made with the cash proceeds of insurance or condemnation awards, (iii) to the extent made with the cash proceeds of permitted asset dispositions and/or (iv) constituting capital assets 28
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Related to Final Release Conditions

  • Escrow Release Conditions means, collectively, the conditions set forth in Section 4.3.

  • Release Condition means the following:

  • Conditional release means a revocable modification of a

  • Acceptance Condition means, with respect to an Offer, the condition set forth in the Offer Documents with respect to the number of acceptances to an Offer which must be secured to declare such Offer unconditional as to acceptances which shall be more than 50% of the Target shares carrying voting rights.

  • Acute condition means that the individual is medically unstable. Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain his or her health status.