Abandonment of Operations. There shall occur the abandonment by the Borrower of all or substantially all of the operations of the Plant, other than in respect of any force majeure; then and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent, upon the written request of the Required Lenders, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, any Lender or the holder of any Note to enforce its claims against any Credit Party (provided that, if an Event of Default specified in Section 11.05 shall occur with respect to any Credit Party, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Term Loan Commitment terminated, whereupon all Commitments of each Lender shall forthwith terminate immediately; (ii) declare the principal of and any accrued interest in respect of all Term Loans and the Notes and all Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by each Credit Party; (iii) enforce, as Collateral Agent, all of the Liens and security interests created pursuant to the Security Documents; and (iv) enforce each Guaranty. After the occurrence of any of the events described in clauses (i) through (iv) of the preceding paragraph, any amounts received on account of the Obligations shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Section 5) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal and interest) payable to the Lenders (including fees, charges and disbursements of counsel to the respective Lenders) arising under the Credit Documents and amounts payable under Section 5, ratably among them in proportion to the respective amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constit...
Abandonment of Operations. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, as a consequence, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.
Abandonment of Operations. If an Abandonment of Operations occurs at any time prior to April 30, 2024, East Fork shall refund to the County all Incentive Grants the County has already paid East Fork within 60 days after receiving the County’s invoice. In the event of such a refund, there shall be no additional costs, interest, fees or any additions whatsoever imposed on East Fork above and beyond the refund amount due.
Abandonment of Operations. The abandonment by the Company of the Wastewater System.
Abandonment of Operations. 20.1 Termination 19 20.1.1 Oil and Gas Rights 19 20.1.2 Right to Operate 19 20.1.3 Salvaging Xxxxx 19 20.1.4 Cost of Salvaging 19 ARTICLE 21 EXECUTION
Abandonment of Operations. There shall occur the abandonment by the Borrower of all or substantially all of the operations of the Plant for a period in excess of 90 days, other than in respect of any force majeure;
Abandonment of Operations. If an Abandonment of Operations occurs at any time prior to the end the Retention Period, Haakon shall refund to the County all Future Incentive Payments the County has already paid Haakon within 60 days after receiving the County’s invoice. In the event of such a refund, there shall be no additional costs, interest, fees or any additions whatsoever imposed on Haakon above and beyond the refund amount due.
Abandonment of Operations. If an Abandonment of Operations occurs at any time prior to April 30, 2024, Burial Beer shall refund to the County all Incentive Grants the County has already paid Burial Beer within 60 days after receiving the County’s invoice. In the event of such a refund, there shall be no additional costs, interest, fees or any additions whatsoever imposed on Burial Beer above and beyond the refund amount due.
Abandonment of Operations. If an Abandonment of Operations occurs at any time prior to the end of the retention period, Nypro shall refund to the County all Incentive Grants the County has already paid Nypro within 60 days after receiving the County’s invoice. In the event of such a refund, there shall be no additional costs, interest, fees or any additions whatsoever imposed on Nypro above and beyond the refund amount due.
Abandonment of Operations. If an Abandonment of Operations occurs, the County shall not be obligated to make any Future Incentive Payment, and Wicked Weed shall refund to the County all Future Incentive Payments the County has already paid Wicked Weed within 60 days after receiving the County’s invoice. In the event of such a refund, there shall be no additional costs, interest, fees or any additions whatsoever imposed on Wicked Weed above and beyond the refund amount due.
