Gone Dark definition

Gone Dark shall have the correlative meanings.
Gone Dark means that a Tenant has vacated, surrendered or ceased to conduct its normal business operations at substantially all of its premises demised under such Lease or has otherwise “gone dark” at such premises or has notified Borrower that it intends to vacate, surrender or cease to conduct its normal business operations at substantially all of its demised premises or otherwise “go dark”. Temporary cessation of normal business operations for a commercially reasonable period of time in the ordinary course of business, or during renovations or during renovation following a casualty, or for purposes of inventory shall not constitute Going Dark.
Gone Dark means that, with respect to any individual building (including any “bank branch”) that constitutes all or a portion of the Improvements at any Individual Property, Master Tenant has vacated and ceased operations in all of the space in such building (or bank branch) for more than 120 consecutive calendar days, other than as a result of a Casualty/Condemnation affecting such Improvements, as evidenced by one or more of the following: (a) Borrower’s receipt of written notice or a third party’s receipt of written notice of which Borrower is made aware (e.g. a property insurer), (b) Borrower’s actual knowledge based on physical inspection, (c) Lender’s actual knowledge based on physical inspection that is promptly verified by Borrower (Borrower agrees to promptly verify same after notice from Lender), (d) verifiable published reports, press releases or other media, or (e) the subject space (i.e., all of the space in such building or bank branch) being actively marketed for sublease after Master Tenant has vacated and ceased operations in the subject space; provided, that Master Tenant shall not be considered to have Gone Dark with respect to an individual building or bank branch if Borrower has obtained evidence satisfactory to Lender in its sole discretion that Master Tenant intends to resume or has resumed activity at such individual building or bank branch. For purposes of this definition, each reference to “Borrower” shall additionally include any of its Affiliates or any Manager retained by Borrower (as opposed to a property manager retained by Master Tenant).

Examples of Gone Dark in a sentence

  • Read, Richard, “SolarWorld, its California Plant Gone Dark, Prepares in Oregon for Industry Shakeout While Battling China,” The Oregonian, November 19, 2011, http://www.oregonlive.com/business/index.ssf/2011/11/solarworld_its_california_plan.html.

  • Elementary student dismissal 11:45am, Elementary Teacher dismissal 11:55am.

  • A Tenant Has Gone Dark • One party should notify another party upon a co-tenancy failure by sending written notice to the other party.


More Definitions of Gone Dark

Gone Dark means the cessation of physical occupancy by Freeport (or other permitted Tenant of the Freeport Premises) at the Property except (i) during such periods when the Property is untenantable by reason of fire or other Casualty or Condemnation, (ii) in connection with repairs or alterations that are being made at the Property in accordance with the Freeport Lease, this Agreement and the other Loan Documents, (iii) that such Tenant shall not be deemed to have ceased physical occupancy in any portion of the Freeport Premises if such portion of the Freeport Premises has been subleased in its entirety to one or more subtenants, such subleases have been approved by Lender to the extent required pursuant to the terms of this Agreement and none of the subtenants have ceased physical occupancy in the subleased premises which in the aggregate cover the entire Freeport Premises.

Related to Gone Dark

  • Cold Weather Alert means the notice that PJM provides to PJM Members, Transmission Owners, resource owners and operators, customers, and regulators to prepare personnel and facilities for expected extreme cold weather conditions.

  • Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

  • Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

  • Side Yard means a yard extending from the front yard to the rear yard between the side boundary of the parcel and the wall of main building thereon [see sketch in Schedule B];

  • Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

  • Tight-fitting facepiece means a respiratory inlet covering that forms a complete seal with the face.

  • Skilled Nursing Facility means an institution or part thereof that is licensed as a Skilled Nursing Facility by the State of Florida, and is accredited as a Skilled Nursing Facility by The Joint Commission or recognized as a Skilled Nursing Facility by the Secretary of Health and Human Services of the United States under Medicare.

  • Pump spray means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

  • Hot Weather Alert means the notice provided by PJM to PJM Members, Transmission Owners, resource owners and operators, customers, and regulators to prepare personnel and facilities for extreme hot and/or humid weather conditions which may cause capacity requirements and/or unit unavailability to be substantially higher than forecast are expected to persist for an extended period. IDR Transfer Agreement:

  • Cannabis processing facility means a person that:

  • Cannabis testing facility means an entity registered by

  • Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

  • NACE means National Association of Corrosion Engineers

  • Self-service storage facility or "facility" means any real property designed or used for the purpose of renting or leasing individual storage space to tenants who are to have access to that space for the purpose of storing and removing personal property.

  • Non-Retail Behind The Meter Generation means Behind the Meter Generation that is used by municipal electric systems, electric cooperatives, or electric distribution companies to serve load.

  • Intermodal Rail Yard means a rail facility in which cargo is transferred from drayage truck to train or vice-versa.

  • Underground storage means storage of gas in a subsurface stratum or formation of the earth.

  • Behind The Meter Generation shall refer to a generation unit that delivers energy to load without using the Transmission System or any distribution facilities (unless the entity that owns or leases the distribution facilities has consented to such use of the distribution facilities and such consent has been demonstrated to the satisfaction of the Office of the Interconnection); provided, however, that Behind The Meter Generation does not include (i) at any time, any portion of such generating unit’s capacity that is designated as a Generation Capacity Resource; or (ii) in an hour, any portion of the output of such generating unit that is sold to another entity for consumption at another electrical location or into the PJM Interchange Energy Market.

  • stacked bicycle parking space means a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces.

  • Toll Billing Exception Service (TBE means a service that allows End Users to restrict third number billing or collect calls to their lines.

  • Turbidity means the cloudy condition of water due to the presence of extremely fine particulate materials in suspension that interfere with the passage of light.

  • Salvage Yard means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

  • Sewage sludge weight means the weight of sewage sludge, in dry U.S. tons, including admixtures such as liming materials or bulking agents. Monitoring frequencies for sewage sludge parameters are based on the reported sludge weight generated in a calendar year (use the most recent calendar year data when the NPDES permit is up for renewal).

  • Marijuana testing facility means an entity licensed to analyze and certify the safety and potency of marijuana.

  • PID means photo ionization detector.

  • Access Tandem Switch is a Switch used to connect End Office Switches to interexchange Carrier Switches. Qwest's Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic.