Acquisition of Project.
(a) The Company hereby agrees to construct and acquire the Project, and to use commercially reasonable efforts to expend during the Project Period, together with any Sponsor Affiliates, an aggregate investment of not less than $8,000,000 in the Project or the Facilities.
(b) Each year during the term of the Agreement, the Company shall deliver to the County Auditor a copy of its most recent annual filings made with the Department with respect to the Project, not later than thirty (30) days following delivery thereof to the Department.
(c) The Company shall cause a copy of this Agreement, as well as a copy of the completed form PT-443 of the Department, to be filed with the County Auditor, the County Assessor, the County Treasurer, and the Department within thirty (30) days after the date of execution and delivery hereof.
Acquisition of Project. (a) The Company hereby agrees to construct and acquire the Project, and to use commercially reasonable efforts to invest, together with any Sponsor Affiliates, the Minimum Investment, all during the Project Period.
(b) Each year during the term of the Agreement, the Company shall deliver to the County Auditor a copy of its most recent annual filings made with the Department with respect to the Project, not later than thirty (30) days following delivery thereof to the Department.
(c) The Company shall cause a copy of this Agreement, as well as a copy of the completed form PT-443 of the Department, to be filed with the County Auditor, the County Assessor, the County Treasurer, and the Department within thirty (30) days after the date of execution and delivery hereof.
Acquisition of Project. (a) The Company hereby agrees to acquire the Project by acquiring, constructing, leasing and/or purchasing the same during the Project Period and to use its reasonable efforts to invest the Minimum Investment in the Project during such period. The Project will constitute a “project” and “economic development property” as defined in the Act.
(b) With respect to the matters governed by this Agreement, the Company agrees to make all annual filings with the Department as required by law and to comply with Section 12-44-90(I) of the Act and any successor provisions.
(c) The Company or the Company’s attorney shall cause a copy of this Agreement, as well as a copy of the completed form PT-443 of the Department, to be filed with the County Auditor, the County Assessor and the Department within thirty (30) days after the date of execution and delivery hereof.
Acquisition of Project.
(a) The Company hereby agrees to acquire the Project by acquiring, constructing, leasing and/or purchasing the same during the Project Period and to use its reasonable efforts to invest not less than $11,500,000 (whether otherwise fully taxable or not) in the construction, equipping and acquisition of the Project. The Project will constitute a “project” and “economic development property” as defined in the Act. With respect to the matters governed by this Agreement, the Company agrees to make all annual filings with the Department of Revenue as required by law and to comply with Section 12-44-90(I) of the Act and any successor provisions.
(b) The Company shall cause a copy of this Agreement, as well as a copy of the completed form PT-443 of the Department, to be filed with the County Auditor, the County Assessor and the Department within thirty (30) days after the date of execution and delivery hereof.
Acquisition of Project. (a) Lessee either has obtained or shall obtain the Project pursuant to one or more Purchase Agreements from one or more Vendors. Lessee shall remain liable to the Vendor or Vendors in respect of its duties and obligations in accordance with each Purchase Agreement and shall bear the risk of loss with respect to any loss or claim relating to any portion of the Project covered by any Purchase Agreement, and neither Bondholder nor Lessor shall assume any such liability or risk of loss. Lessee covenants and agrees to pay or cause to be paid such amounts as may be necessary to complete the acquisition, installation, construction and improvement of the Project and to ensure that the Project is operational to the extent that the Lease Proceeds are insufficient to cause such acquisition, installation, construction and improvement.
(b) Lessee agrees to sell, and does hereby sell, to Lessor the Project on the terms and conditions of this Agreement, and Lessor agrees to purchase, and subject to the satisfaction of the conditions contained in Article III hereof, does purchase the Project in accordance with the terms and conditions of this Agreement, at the Purchase Price. Lessor and Lessee agree that, upon payment of the Purchase Price by Lessor to Lessee, title to the Project shall be deemed to be conveyed to and vested in Lessor. Lessee agrees to execute any and all documents, certificates and agreements necessary to effectuate such purchase of the Project.
(c) Lessor agrees to lease and hereby leases the Project to Lessee, and Lessee agrees to lease and hereby leases, the Project from Lessor in accordance with the terms and conditions of this Agreement. Lessee agrees that it shall be liable for all of its obligations under any agreements with Vendors in the event that the conditions contained in Article III hereof are not satisfied or the Lease Proceeds are not applied as provided in Section 2.02 hereof for any reason. Lessor and Lessee agree to execute any and all documents, certificates and agreements necessary to effectuate such lease of the Project.
(d) Title to the Project shall pass from Lessor to Lessee automatically and without further act upon the end of the term of this Agreement. Lessor agrees to execute any and all documents, certificates and agreements necessary to effectuate such transfer of the Project.
Acquisition of Project. (a) The Company hereby agrees to construct and acquire the Project, and to use commercially reasonable efforts to invest, in the aggregate and together with any Sponsor Affiliates, at least $25,000,000 of new investment in the County in the Project; provided, that a failure to meet such investment shall not result in an Event of Default hereunder, but shall have the consequences set forth below in Section 5.02 (d). In addition, the Company intends to create (but is not required to), in the aggregate and together with any Sponsor Affiliates, 119 new, full-time jobs.
(b) Each year during the term of the Agreement, the Company shall deliver to the County Clerk to Council, County Auditor, County Treasurer, and County Assessor a copy of its most recent annual filings made with the Department with respect to the Project, not later than thirty (30) days following delivery thereof to the Department.
(c) The Company shall cause a copy of this Agreement, as well as a copy of the completed form PT-443 of the Department, to be filed with the County Clerk to Council, the County Auditor, the County Assessor, the County Treasurer and the Department within thirty (30) days after the date of execution and delivery hereof.
Acquisition of Project. The Corporation will be responsible for the acquisition, construction and completion of the Project.
Acquisition of Project. 14 Section 3.3. LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . 14 Section 3.4.
Acquisition of Project. Borrower shall acquire the Project and shall bear the risk with respect to any loss or claim relating to any portion of the Project and shall be liable in respect of its duties and obligations in accordance with any contract entered into in connection with the Project, and neither Lender nor Issuer shall assume any such liability or risk of loss.
Acquisition of Project. Section 2.01. Acquiring of Project 4 Section 2.02. Itemization of Project Costs 5 Section 2.03. Certificate of Completion Date 5
