Operating Permits. Furnish to Agent, unless as otherwise consented to in writing by Agent, as soon as possible but prior to the commencement of operation of the constructed facility, evidence of the issuance of all necessary permits for such operation.
Operating Permits. Borrower has obtained all licenses, permits, registrations, certificates and other approvals, governmental and otherwise (including, without limitation, zoning, building code, land use and environmental), necessary for the use, occupancy and operation of each Property and the conduct of its business thereat, all of which are in full force and effect as of the date hereof. No event or condition currently exists which could result in the revocation, suspension, or forfeiture thereof.
Operating Permits. Except to the extent the same could not reasonably be expected to have a Material Adverse Effect, the Group Members have obtained all licenses, permits, registrations, certificates and other approvals, governmental and otherwise (including, without limitation, zoning, building code, land use and environmental), reasonably necessary for the use, occupancy and operation of the Mortgaged Property and the conduct of its business thereat, all of which are in full force and effect as of the date hereof in all material respects. To each Borrower’s knowledge, no event or condition currently exists which could result in the revocation, suspension, or forfeiture thereof which could reasonably be expected to cause a Material Adverse Effect.
Operating Permits. All licenses, permits and other authorizations or approvals granted by any governmental authority or other body having jurisdiction over the Property which relate solely to the business operations currently being conducted at the Property (e.g. liquor licenses, restaurant permits and licenses and health spa licenses) and which would remain in full force and effect if held by Seller or its affiliates as the subtenant of the Property pursuant to the Property Lease.
Operating Permits. The term “Operating Permits” shall mean Operator Operating Permits and Owner Operating Permits.
Operating Permits. The Group Members have obtained all licenses, permits, registrations, certificates and other approvals, governmental and otherwise (including, without limitation, zoning, building code, land use and environmental), reasonably necessary for the use, occupancy and operation of the Mortgaged Property and the conduct of its business thereat, all of which are in full force and effect as of the date hereof, except to the extent that the failure to obtain the same could not reasonably be expected to materially impair the use or value of the Mortgaged Property to which it relates. To each Borrower’s knowledge, no event or condition currently exists which could result in the revocation, suspension, or forfeiture thereof.
Operating Permits. Prime or a Prime Subsidiary, as applicable, shall apply for new or modified operating permits and licenses, including, without limitation, liquor licenses, if applicable, to reflect Prime or a Prime Subsidiary, as applicable, as the new operator of the Hotels as soon as possible after Closing. ShoLodge and the ShoLodge Subsidiaries, as applicable, shall cooperate with Prime or a Prime Subsidiary, as applicable, in its efforts to obtain new operating permits and licenses for the Hotels or modifications to existing operating permits and licenses or, to the extent permitted by applicable law, to maintain the existing operating permits and licenses in effect until such time as the new or modified operating permits and licenses may be obtained. Until such time as such new or modified operating permits and licenses are obtained, ShoLodge and the ShoLodge Subsidiaries, as applicable, to the extent permitted by applicable law, shall take all steps reasonably necessary to enable the current operating permits and licenses, if any, to be used in the operation of the Hotels and to permit the continued operation of the Hotels, including, without limitation, the uninterrupted sale and serving of alcoholic beverages at the Hotels, if applicable. All costs and expenses incurred by ShoLodge or a ShoLodge Subsidiary in connection with the foregoing shall be paid by Prime or a Prime Subsidiary, as applicable, and Prime and the Prime Subsidiaries shall defend, indemnify and hold ShoLodge and the ShoLodge Subsidiaries harmless from and against any and all loss, expense (including, without limitation, reasonable attorney's fees and court costs arising from the enforcement of this indemnity), damage and liability arising from the foregoing, and Prime and the Prime Subsidiaries shall cause ShoLodge and the ShoLodge Subsidiaries, as applicable, to be named as additional insureds under their liability insurance policies for the Hotels including, without limitation, under their liquor liability or "dram shop" coverage with respect to the sale, distribution or consumption of alcoholic beverages. Evidence of such insurance shall be provided to ShoLodge at Closing, and such insurance must contain a provision to the effect that it may not be canceled or modified without thirty (30) days advance written notice from the insurer to ShoLodge (until such time as the new or modified operating permits and licenses are received). The provisions of this Section 18.1 shall survive the Closing.
Operating Permits. (a) The Seller has all the Operating Permits, except where the failure to have such Operating Permits is not reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 5.11, the Seller has not received any written notification that it is in violation of any of such Operating Permits, or any law, statute, order, rule, regulation, ordinance or judgment of any governmental or regulatory body or authority applicable to the Seller, except for notifications of violations which would not, in the aggregate, be reasonably likely to have a Material Adverse Effect. The Seller is in substantial compliance with all Operating Permits, laws, statutes, orders, rules, regulations, ordinances, or judgments of any governmental or regulatory body or authority applicable to it, except for violations which, in the aggregate, do not have or are not reasonably likely to have a Material Adverse Effect.
Operating Permits. Attached as Exhibit D-2 to this Agreement and incorporated herein by this reference is a true, correct and complete list of all material Operating Permits. To Seller's knowledge, Seller currently possesses all Operating Permits necessary and required for the lawful operation of Seller's business at the Real Property and each of the Operating Permits is in full force and effect and in good standing and Seller has not received notice of any intention on the part of the issuing authority to cancel, suspend or modify any of the Operating Permits or to take any action or iodide any proceedings to effect such a cancellation, suspension or modification. To Seller's knowledge, no notice to, filing or registration with, or License or Permit from, any governmental or regulatory body or authority, or any other person or entity is required to be made or obtained in connection with the execution, delivery or performance of this Agreement by Seller. The interest of Seller in the Operating Permits has not been assigned to any other person and is, to Seller's knowledge, free and clear of all encumbrances other than liens granted under the Loan Documents.
Operating Permits. The Merger Sub shall have obtained all Operating Permits which Parent shall, in the exercise of its sole discretion, deem necessary or desirable for the operation by the Surviving Corporation of the business of ECI after the Closing.
