Ability to Pay and Continue in Business Sample Clauses

Ability to Pay and Continue in Business. The CWC and the Enforcement Policy require the Water Boards to consider a discharger’s ability to pay and continue in business when imposing administrative civil liabilities. In this matter, the Discharger is an ongoing public entity with the ability to raise revenue to satisfy the proposed liability through the imposition of fees and taxes. In addition, a review of the Los Angeles County Sanitation Districts’ 2022 Annual Comprehensive Financial Report shows that the Discharger has a net position of over $1.9 billion; as of April 30, 2023, the Discharger has $466 million in total cash and investments. Based on publicly available information, the Discharger has the ability to pay and continue in business.
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Ability to Pay and Continue in Business. The Discharger has the ability to pay the administrative civil liability and there are no factors under this category that warrant an adjustment.
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Ability to Pay and Continue in Business. Lehigh has the ability to pay the proposed penalty and continue in business. Lehigh has presented no evidence to contest the proposed liability, or other possible penalties.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The ability of a discharger to pay an administrative civil liability is determined by its income (revenues minus expenses) and net worth (assets minus liabilities). According to the Discharger’s Financial Statement and Independent Auditor’s Report for the Fiscal Year Ended June 30, 2018, the Discharger has the ability to pay the proposed administrative civil liability despite having more expenses than revenue because it has significantly more assets than liabilities for a net worth of approximately $338,000,000. Given this, the Discharger has the ability to pay the penalty and remain in business.‌‌‌
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The City of Marysville is a public entity with the ability to raise revenue. The City’s 2015-2016 budget is $14.1 million.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. According to bond information from the California Community Development Authority, the Gold Country Village project is estimated to cost $9,599,377 to construct. The proposed liability is 1.3% of the cost of the Project. Water Board staff has no information that the proposed liability would result in undue hardship which would affect the Discharger’s ability of continue in business; therefore, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. According to Vail Resorts Fiscal 0000 Xxxxxx Xxxxxxx and Full Year Results2, Vail Resorts’ total net revenue was $1,399.9 million for fiscal 2015 compared to $1,254.6 million in the prior fiscal year, an 11.6% increase. Given this, the Prosecution Team asserts that the discharger has the ability to pay the penalty and remain in business.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. Caltrans is a California state agency with an annual budget of over $12 billion. Given this information, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
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Ability to Pay and Continue in Business. The Central Coast Water Board determines a discharger’s ability to pay an administrative civil liability by its revenues and assets. The Water Board may adjust the Total Base Liability amount if sufficient financial information is available to assess the Discharger’s ability to pay the Total Base Liability amount or the effect of that amount on the Discharger’s ability to continue in business. To assess the Discharger’s ability to pay, the Prosecution Team reviewed the City of Xxxxxx Xxxx Comprehensive Annual Financial Report for the Year Ended June 30, 2017 (2017 CAFR), as publicly available from the Discharger’s website. Prosecution Team evaluation of this factor based on the Discharger’s 2017 CAFR (pages 5, 9, and 21) indicated the Discharger is projected to have $87,224,487 in unrestricted assets available to meet ongoing obligations. These figures appear to indicate the Discharger’s ability to pay the proposed penalty. Therefore, no adjustment is proposed.
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Related to Ability to Pay and Continue in Business

  • Inability to Pay Debts; Attachment (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.

  • Inability to Pay Debts The Borrower or any Restricted Subsidiary shall become unable, admit in writing its inability or fail generally to pay its debts as they become due;

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

  • Performance on Business Days In the event the date on which performance or payment of any obligation of a party required hereunder is other than a Business Day, the time for payment or performance shall automatically be extended to the first Business Day following such date.

  • Payments Due on Non-Business Days Anything in this Agreement or the Notes to the contrary notwithstanding, any payment of principal of or Make-Whole Amount or interest on any Note that is due on a date other than a Business Day shall be made on the next succeeding Business Day without including the additional days elapsed in the computation of the interest payable on such next succeeding Business Day.

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Incapacity to pay The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

  • No Obligation to Continue Business Relationship Neither the Plan, this agreement, nor the grant of this option imposes any obligation on the Company to continue the Optionee in employment or other Business Relationship.

  • Services to Other Clients; Certain Affiliated Activities (a) The relationship between the Asset Manager and the Series is as described in this Agreement and nothing in this Agreement, none of the services to be provided pursuant to this Agreement, nor any other matter, shall oblige the Asset Manager to accept responsibilities that are more extensive than those set forth in this Agreement. (b) The Asset Manager’s services to the Series are not exclusive. The Asset Manager may engage in other activities on behalf of itself, any other Managing Party and other clients (which, for the avoidance of doubt, may include other series of the Company). The Series acknowledges and agrees that the Asset Manager may, without prior notice to the Series, give advice to such other clients. The Asset Manager shall not be liable to account to the Series for any profits, commission or remuneration made or received in respect of transactions effected pursuant to the Asset Manager’s advice to another client and nor will the Asset Manager’s fees be abated as a result.

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