BCDC Permit Sample Clauses

BCDC Permit. Port shall cooperate with DOE in obtaining any necessary BCDC permits and approvals, including, if necessary, joining with DOE as a co-applicant, provided that DOE pay all fees and satisfy all conditions incurred in the BCDC process.
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BCDC Permit. Buyer acknowledges that the Property is subject to certain rights and obligations, including, without limitation, certain public access and public parking requirements, set forth in that certain Bay Conservation and Development Commission Permit No. 26-78 (issued December 1, 1978, and thereafter amended) (the “BCDC Permit”), in part recorded as Instrument No. 91029676 in the Official Records of San Mateo County, California. Prior to Closing, Seller and Buyer shall cooperate and undertake diligent efforts in order to satisfy the requirements of the BCDC Permit with respect to, and obtain any necessary consent to, the assignment of the BCDC Permit to Buyer at Closing (collectively, the “BCDC Consent”). In addition to the conditions of Closing specified in Section 7.1.3 below, it shall be a Buyer’s Condition that all necessary consents and approvals required for the assignment of the BCDC Permit to Buyer have been obtained prior to the Closing; provided, however, that if such condition has not been satisfied and Buyer elects to waive such condition and proceed with Closing, (i) Buyer shall endeavor to obtain any such necessary consents and approvals as soon as reasonably practicable after Closing, and (ii) provided that Seller has cooperated with Buyer and undertaken diligent efforts to obtain the BCDC consent, Buyer shall indemnify, defend (with counsel reasonably approved by Seller) and hold harmless Seller from and against all claims, demands, losses, liabilities, penalties, fines, lawsuits or other proceedings, and costs and expenses (including reasonable attorneys’ fees and court costs) suffered or incurred by Seller as a consequence of the failure of the parties to obtain any such necessary consents and approvals prior to Closing. The provisions of this Section 3.7 shall survive the Closing.
BCDC Permit. Promptly after the Closing, COLP shall cause (at COLP’s sole cost and expense) the BCDC Permit to be assigned to Buyer and shall have obtained all consents with respect to the same. The assignment shall be in the form of the BCDC Assignment, and COLP shall not amend the form of the BCDC Assignment without Buyer’s prior written approval.

Related to BCDC Permit

  • Regulatory Permits The Company and the Subsidiaries possess all certificates, authorizations and permits issued by the appropriate federal, state, local or foreign regulatory authorities necessary to conduct their respective businesses as described in the SEC Reports, except where the failure to possess such permits could not reasonably be expected to result in a Material Adverse Effect (“Material Permits”), and neither the Company nor any Subsidiary has received any notice of proceedings relating to the revocation or modification of any Material Permit.

  • Compliance with Laws; Licenses and Permits The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. The Contractor shall be responsible for obtaining all licenses and permits necessary to perform the scope of services, at the Contractor’s expense, unless specifically stated otherwise in this Agreement.

  • Consents, Permits, and Waivers The Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Related Agreements.

  • Non-Contravention of Existing Instruments; No Further Authorizations or Approvals Required Neither the Company nor any of its subsidiaries is (i) in violation of its charter, bylaws or other constitutive document or (ii) in default (or, with the giving of notice or lapse of time, would be in default) (“Default”) under any indenture, mortgage, loan or credit agreement, note, contract, franchise, lease or other instrument to which the Company or any of its subsidiaries is a party or by which it or any of them may be bound, or to which any of the property or assets of the Company or any of its subsidiaries is subject (each, an “Existing Instrument”), except, in the case of clause (ii) above, for such Defaults as would not, individually or in the aggregate, result in a Material Adverse Change. The execution, delivery and performance of the Transaction Documents by the Company, and the issuance and delivery of the Securities, and consummation of the transactions contemplated hereby and thereby and by the Pricing Disclosure Package and the Prospectus (i) have been duly authorized by all necessary corporate action and will not result in any violation of the provisions of the charter, bylaws or other constitutive document of the Company or any subsidiary, (ii) will not conflict with or constitute a breach of, or Default or a Debt Repayment Triggering Event (as defined below) under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, or require the consent of any other party to, any Existing Instrument, except for such conflicts, breaches, Defaults, liens, charges or encumbrances as would not, individually or in the aggregate, result in a Material Adverse Change or materially adversely affect the consummation by the Company of the transactions contemplated hereby, and (iii) will not result in any violation of any law, administrative regulation or administrative or court decree applicable to the Company or any subsidiary. On and as of the date hereof, no event has occurred or is continuing which constitutes, or with notice or lapse of time would constitute, an Event of Default (as defined in the Indenture). No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental or regulatory authority or agency is required for the execution, delivery and performance of the Transaction Documents by the Company to the extent a party thereto, or the issuance and delivery of the Securities, or consummation of the transactions contemplated hereby and thereby and by the Pricing Disclosure Package and the Prospectus, except such as have been obtained or made by the Company and are in full force and effect under the Securities Act, applicable securities laws of the several states of the United States or provinces of Canada. As used herein, a “Debt Repayment Triggering Event” means any event or condition which gives, or with the giving of notice or lapse of time would give, the holder of any note, debenture or other evidence of indebtedness (or any person acting on such holder’s behalf) the right to require the repurchase, redemption or repayment of all or a portion of such indebtedness by the Company or any of its subsidiaries.

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