Buyer Actions. (a) In connection with the Project, the Buyer shall:
1. Submit final construction plans, including a site plan, detailed fencing, paving and landscaping plan, and building elevations (“Final Plans”) to the DCD for approval prior to closing for the Property. Final Plans must conform to DCD approved preliminary plans submitted by Buyer on in response to the Request for Proposal (or with initial development proposal) as revised in response to DCD comments (and if applicable: and according to the Design Criteria attached as Exhibit B hereto). Final Plans shall be submitted to the City through DCD’s Development Center as part of Buyer’s application for building permits. Buyer shall revise Final Plans as recommended by DCD’s Design Review Team.
2. Submit a final construction budget (“Final Budget”) and evidence of financing and/or equity for the Project in a form satisfactory to the DCD prior to conveyance of the Property.
3. Be responsible for all Project expenses including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and provision and/or replacement of public sidewalks, curbs, curb cuts and/or driveway approaches.
4. Commence construction of the Project within thirty (30) days following Closing for the Property pursuant to Section 4 and complete construction including landscaping, within twelve (12) months following Closing, subject to force majeure delays, and other delays not within the control of the Buyer.
(b) Covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCD, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building.
(c) Comply with the City’s Emerging Business Enterprise (EBE) policy. Buyer agrees to EBE participation that is at least 18% of the total Project budget and shall obtain a list of City certified EBE’s from and execute an EBE agreement for the Project with the City EBE Program Office prior to Closing. After completion of the Project, Buyer shall report on its use of EBE’s to DCD in terms of the total number of EBE contractors used and the dollar volume ...
Buyer Actions. Buyer shall take only those actions, from the date hereof until the Closing Date, that are required or contemplated by this Agreement to be so taken by Buyer, including, without limitation, the declaration, filing or registration with, or notice to or authorization, consent or approval of, any Governmental Authority.
Buyer Actions. All actions to be taken by Buyer in connection with the consummation of the transactions contemplated hereby and all certificates, opinions, instruments and other documents required to effect the transactions contemplated hereby shall be reasonably satisfactory in form and substance to the Stockholders.
Buyer Actions. Any acts or omissions of the Buyer, any of its Affiliates or any party acting for the benefit or at the discretion of the Buyer or any of its Affiliates before or after the date hereof or the Closing Date shall not be the basis for a Material Adverse Effect, shall not be the basis upon which the Buyer’s closing conditions set forth in ARTICLE VI shall fail to be satisfied and shall not excuse the Buyer from performing its obligations under this Agreement and consummating the transactions contemplated hereby.
Buyer Actions. Buyer shall promptly notify the Company in writing of any occurrence of a Buyer Material Adverse Effect.
Buyer Actions. Any acts or omissions of Buyer, any of its Affiliates or any party acting for the benefit or at the discretion of Buyer or any of its Affiliates before or after the date hereof or the Closing Date shall not be a basis for a Material Adverse Effect.
Buyer Actions. (a) In connection with the Project, the Buyer shall:
1. Submit final site plan, including a detailed fencing, paving and landscaping plan, and final building plans to the Department of City Development (“DCD”) Real Estate Section for approval pursuant to Section 4(c). These plans must conform to preliminary plans approved as part of the RFP submission and shall incorporate any changes recommended by DCD. Final plans shall be submitted prior to Buyer’s application for building permits.
2. Submit a final construction budget and evidence of firm financing without contingencies and equity for the Project to DCD’s Real Estate Section pursuant to Section 4(c).
3. Commence construction of the Project within thirty (30) days following closing for the Property and be completed within eighteen (18) months of closing, subject to force majeure delays, and other delays not within the control of the Buyer.
(b) Covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property, other than those structures that may be constructed as part of the original Final Plans, without the prior written approval of DCD, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building.
(c) Comply with the Small Business Enterprise (“SBE”) policy of the City. Buyer agrees to EBE participation that is at least 25% of the total hard costs and 18% of professional services and shall execute a SBE agreement for the Project with the City’s Office of Small Business Development (“OSBD”) prior to Closing pursuant to Section 4. Buyer further agrees to make its best efforts to comply with MPS Workforce Goals for use of Historically Underutilized Businesses, Communities in Needs and Student participation as outlined in the RFP.
Buyer Actions. In connection with Seller obtaining approval of the Sale Order, Buyer agrees to furnish such information for filing with the Bankruptcy Court for the purposes, among others, of providing necessary assurances of performance by Buyer under this Agreement and demonstrating that Buyer is a “good faith” purchaser under Section 363(m) of the Bankruptcy Code.
Buyer Actions. 43 Section 8.6 Certificate of Merger..............................43
Buyer Actions. (a) In connection with the Project, the Buyer shall:
1. Submit final site plan, including a detailed fencing, paving and landscaping plan, to the Department of City Development (“DCD”) Real Estate Section for approval pursuant to Section 4(c).
2. Submit a final construction budget and evidence of firm financing without contingencies and equity for the Project to DCD’s Real Estate Section pursuant to Section 4(c).
3. Commence construction of the Project within ( ) days following closing for the Property and be completed within twenty-four (24) months of closing, subject to force majeure delays, and other delays not within the control of the Buyer.
4. Obtain a certificate of occupancy for the Property within thirty-six (36) months of closing, subject to force majeure delays, and other delays not within the control of the Buyer
(b) Comply with the Small Business Enterprise (“SBE”) policy of the City. Buyer agrees to use best efforts to achieve SBE participation that is at least 25% of the total hard costs and 18% of professional services and shall execute an SBE agreement for the Project with the City’s Office of Small Business Development (“OSBD”) prior to Closing pursuant to Section 4.
