Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project. For purposes of this Section, “ceases operations” means closure of the facility or the cessation of production and shipment of products to customers for a continuous period of twelve (12) months. The provisions of Section 4.03 hereof relating to retroactive payments shall apply, if applicable, if this Fee Agreement is terminated in accordance with this Section prior to the end of the Investment Period. Each of the Company and any Sponsor Affiliates agrees that if this Fee Agreement is terminated pursuant to this subsection, that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “ceases operations” means closure of the facility or the cessation of production and shipment of products to customers for a continuous period of twelve (12) months. The provisions of Section 4.03 hereof relating to retroactive payments shall apply, if applicable, if this Fee Agreement is terminated in accordance with this Section prior to the end of the Investment Period. Each of the Company and any Sponsor Affiliates agrees that if this Fee Agreement is terminated pursuant to this subsection, that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Cessation of Operations. Any cessation of operations by the Company or the Company admits it is otherwise generally unable to pay its debts as such debts become due; provided, however, that any disclosure of the Company’s ability to continue as a “going concern” shall not be an admission that the Company cannot pay its debts as they become due.
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive ends, and this Fee Agreement is terminated, if the Company ceases operations at the Project. For purposes of this Section, “ceases operations” means closure of the facility or the cessation of production and shipment of products to customers for a continuous period of twelve (12) months. The provisions of Section 4.03 hereof relating to retroactive payments shall apply, if applicable, if this Fee Agreement is terminated in accordance with this Section prior to the end of the Investment Period. Each of the Company and any Sponsor Affiliates agrees that if this Fee Agreement is terminated pursuant to this subsection, that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “
Cessation of Operations. Notwithstanding any other provision of this Agreement, the Company acknowledges and agrees that the County’s obligation to provide the Special Source Credits hereunder may end, and this Agreement may be terminated by the County, at the County’s sole discretion, if the Company, after the Project is placed in service, ceases operations at the Project for a Period of twelve (12) months consecutively; provided, however, that the Special Source Credits provided for in this Agreement shall automatically terminate if the Company ceases operations as set forth in this Section. The Company agrees that if this Agreement is terminated pursuant to this Section, that under no circumstances shall the County be required to refund or pay any monies to the Company.
Cessation of Operations. The Borrower or any Restricted Subsidiary ceases to operate a casino (and, as applicable, hotel) at any Core Property or ceases to conduct significant gaming and hotel activities thereon for any reason whatsoever (other than the operations of an Immaterial Subsidiary and other than the temporary cessation in connection with alterations permitted hereunder or restoration following a Casualty Event); or
Cessation of Operations. Any cessation of operations by Borrower or a Subsidiary.
Cessation of Operations. Operation of the Project shall cease for a continuous period of not less than thirty (30) days unless (A) such cessation of operations occurs by reason of an Uncontrollable Force; (B) the Borrower’s repairs or required improvements to operate the Project cannot be completed within thirty (30) days; (C) the Borrower shall be self-insured in an amount sufficient to cover, or shall have in force an insurance policy or policies under which the Borrower is entitled to recover, substantially all property damage expenses; and (D) the Borrower continues to collect the Pledged Taxes in amounts sufficient to cover payments of all TIFIA Debt Service and costs and expenses of the Borrower during such cessation of operations; provided, however, that the Project shall not be deemed to have ceased operations for the period that the Borrower operates buses or other public transit service along the route served by the Project and is exercising reasonable diligence to resume full light rail operations as soon as practicable but not later than 180 days.
