Competitive Facilities Sample Clauses

Competitive Facilities. Without in any way limiting the generality of Section 7.6, the Limited Partner recognizes that BKC, TPC and Affiliates thereof are in the business of establishing, own, leasing, operating, managing and franchising restaurants, including, without limitation, BK Restaurants, and that in connection with such businesses, BKC, TPC and/or Affiliates thereof may from time to time establish, own, lease, operate, manage and/or franchise new restaurants, including, without limitation, BK Restaurants. Both such existing restaurants and any such new restaurants may be competitive with one or more of the Partnership Properties and may adversely affect the revenues of the Partnership with respect to one or more of the Partnership Properties. The Limited Partners expressly consent to all actions of BKC, TPC and any Affiliate of either in connection both with existing restaurants and with any new restaurants and agrees that neither BKC, TPC and the Managing General Partner, nor any Affiliate of any of them shall incur any liability to the Partnership or the Limited Partners as the result of or in connection with any such action.
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Competitive Facilities. The District will not, to the extent permitted by law, acquire, maintain or operate and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, authority, city, or political subdivision or any person whomsoever to acquire, maintain or operate within the District any water or wastewater system competitive with the Enterprises; provided, however, that the District may, with the written consent of the Lender, assign all or a portion of the Enterprises to another entity upon delivery to the Lender of an opinion of counsel experienced in the field of law relating to municipal bonds that such assignment will not adversely affect the tax-exempt status of the interest on the Loan, and provided such entity assumes the obligations of the District hereunder.
Sample 1
Competitive Facilities. Except for any utility system existing as of the date hereof, the District will not, to the extent permitted by law, acquire, maintain or operate and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, authority, city, or political subdivision or any person whomsoever to acquire, maintain or operate within the District any utility system competitive with the Wastewater Enterprise; provided, however, that the District may, with the written consent of the Bank, assign all or a portion of the Wastewater Enterprise to another entity upon delivery to the Bank of an opinion of counsel experienced in the field of law relating to municipal bonds that such assignment will not adversely affect the tax-exempt status of the Loan, and provided such entity assumes the obligations of the District hereunder.
Sample 1
Competitive Facilities. Without in any way limiting the generality of Section 7.6, the Limited Partners and any Assignees recognize that BKC, TPC, and Affiliates thereof are in the business of establishing, leasing, operating, managing, and franchising restaurants, including, without limitation, BK Restaurants, and that in connection with such businesses, BKC, TPC, and/or Affiliates thereof may from to time establish, own, lease, operate, manage, and/or franchise new restaurants, including, without limitation, BK Restaurants. Both such existing restaurants and any such new restaurants may be competitive with one or more of the Partnership Properties and may adversely affect the revenues of the Partnership with respect to one or more of the Partnership Properties. The Limited Partners and Assignees expressly consent to all actions of BKC, TPC, and any Affiliate of either in connection both with existing restaurants and with any new restaurants and agree that neither BKC, TPC, the Managing General Partner, nor any Affiliate of them shall incur any liability to the Operating Partnership, the Partnership, or any Limited Partner or Assignee as the result of or in connection with any such action.
Sample 1
Competitive Facilities. 13 Section 6.17. Payment of Lawful Charges.................................. 13 Section 6.18. Further Assurances......................................... 13 Section 6.19. No Additional G&R Bonds.................................... 13 Section 6.20. Tax Rulings................................................ 14 (ii) TABLE OF CONTENTS (continued) Page ---- ARTICLE VII AGREEMENT OF THE STATE
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Competitive Facilities. The Subsidiary shall not hereafter construct, acquire, or operate, any plants, structures, facilities or properties which will provide electric service in the Service Area (as defined in the Act as in effect on the date hereof) unless the same are a part of the System.
Sample 1
Competitive Facilities for so long as they do not close or cease to be comparable to the applicable Venue (i) with respect to the Signature Restaurant, the restaurants known as Zucca, Hillstone and M House as of the Effective Date located in Coral Gables, (ii) with respect to the Lobby Pub, the gastropubs known as Bulla Gastrobar and Whisk Gourmet of the Effective Date located in Coral Gables, and (iii) with respect to the Pool Bar, the bars known as Monty’s Raw Bar and Panorama Sky Lounge as of the Effective Date located in Coconut Grove. If a material change to any of the operations in the set of Competitive Facilities occurs, including the cessation of operation of the applicable competitive operation, or a material change occurs in the standards of the applicable competitive operation, then either Party may request the replacement of such applicable competitive operation in the set of Competitive Facilities, provided any replacement competitive operation has been in operation for at least three (3) full years. If the Parties are unable to reach agreement on the replacement competitive operation within thirty (30) days after the initial request by a Party, then either Party may submit the matter for resolution in accordance with Article 14.
Sample 1
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Competitive Facilities. If during the term of this Agreement, Operator contracts to operate or manage a comparable golf club and conference center that provides services consistent with the Projects that is located within twenty-five miles of the Project in any direction without Owner's written approval.
Sample 1

Related to Competitive Facilities

  • Banking Facilities CLAUSE 2.29 of the Disclosure Schedule sets forth ------------------ a true, correct and complete list of:

  • Working Facilities During the Term of Employment, the Company shall furnish the Executive with an office, secretarial help and such other facilities and services suitable to his position and adequate for the performance of his duties hereunder.

  • Office Facilities During the Employment Period, the Company will furnish Executive, without charge, suitable office facilities for the purpose of performing his duties hereunder, which facilities shall include secretarial, telephone, clerical and support personnel and services and shall be similar to those furnished to employees of the Company having comparable positions.

  • Refinancing Facilities (a) At any time after the Closing Date, the Borrower may obtain, from any Lender or any Additional Lender (to the extent agreed to by such Lender or Additional Lender in its sole discretion), Credit Agreement Refinancing Indebtedness in respect of all or any portion of the Term Loans, Prepetition Subsidiary Debt, Revolving Credit Loans and/or Revolving Credit Commitments then outstanding under this Agreement (which will be deemed to include any then outstanding Incremental Term Loans under any Incremental Facilities or any Incremental Revolving Credit Commitments then outstanding under this Agreement (or any Revolving Credit Loans outstanding pursuant thereto)) or any then outstanding Refinancing Term Loans or any then outstanding Refinancing Revolving Credit Loans or Refinancing Revolving Credit Commitments in the form of Refinancing Revolving Credit Loans or Refinancing Revolving Credit Commitments, respectively, in each case, pursuant to a Refinancing Amendment, together with any applicable Customary Intercreditor Agreement or other customary subordination agreement; provided, that such Credit Agreement Refinancing Indebtedness (i) will, to the extent secured, rank pari passu or junior in right of payment and of security with the other Loans and Commitments hereunder (but for the avoidance of doubt, such Credit Agreement Refinancing Indebtedness may be unsecured), (ii) will, to the extent permitted by the definition of “Credit Agreement Refinancing Indebtedness,” have such pricing, interest rate margins (including “MFN” provisions), rate floors, discounts, fees, premiums and prepayment or redemption provisions and terms as may be agreed by the Borrower and the Lenders or Additional Lenders with respect thereto, (iii) will, to the extent in the form of Refinancing Revolving Credit Loans or Refinancing Revolving Credit Commitments, participate in the payment, borrowing, participation and commitment reduction provisions herein on a pro rata basis with any then outstanding Revolving Credit Loans and Revolving Credit Commitments, except that the Borrower shall be permitted to permanently repay and terminate commitments of any such Class on a better than a pro rata basis as compared to any other Class with a later maturity date than such Class and (iv) will, to the extent in the form of Refinancing Revolving Credit Loans or Refinancing Revolving Credit Commitments and unless the Required Revolving Credit Lenders shall have consented thereto, have terms and conditions (other than interest rate margins and commitment fees) identical to those applicable to the Revolving Credit Commitments and Revolving Credit Loans being refinanced. The effectiveness of any Refinancing Amendment shall be subject to, to the extent reasonably requested by the Administrative Agent (or in the case of Revolving Credit Commitments and Revolving Credit Loans, the Revolver Agent), receipt by the Administrative Agent or Revolver Agent, as applicable, of reaffirmation agreements and board resolutions, officers’ certificates and legal opinions consistent with those delivered on the Closing Date. The Administrative Agent or Revolver Agent, as applicable, shall promptly notify each Lender as to the effectiveness of each Refinancing Amendment. Each of the parties hereto hereby agrees that, upon the effectiveness of any Refinancing Amendment, this Agreement shall be deemed amended to the extent (but only to the extent) necessary to reflect the existence and terms of the Credit Agreement Refinancing Indebtedness incurred pursuant thereto (including any amendments necessary to treat the Loans and Commitments subject thereto as Refinancing Term Loans, Refinancing Revolving Credit Loans or Refinancing Revolving Credit Loan Commitments, as applicable) and any Indebtedness being replaced or refinanced with such Credit Agreement Refinancing Indebtedness shall be deemed permanently reduced and satisfied in all respects. Any Refinancing Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, to effect the provisions of this Section.

  • Facilities Keep all properties useful or necessary to Borrower's business in good repair and condition, and from time to time make necessary repairs, renewals and replacements thereto so that such properties shall be fully and efficiently preserved and maintained.

  • Other Facilities This Agreement reserves in each party the power to establish a temporary holding facility during a pandemic, riot, civil disobedience or natural disaster, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, to temporarily transfer Inmates to alternative detention facilities in order to respond to Xxxx overcrowding, a public health directive, or to comply with a final order of a federal court or a state court of record for the care and treatment of Inmates.

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to:

  • Facility Prudential is willing to consider, in its sole discretion and within limits which may be authorized for purchase by Prudential Affiliates from time to time, the purchase of Shelf Notes pursuant to this Agreement. The willingness of Prudential to consider such purchase of Shelf Notes is herein called the “Facility”. At any time, the aggregate principal amount of Shelf Notes stated in Section 1.2, minus the aggregate principal amount of Shelf Notes purchased and sold pursuant to this Agreement prior to such time, minus the aggregate principal amount of Accepted Notes (as hereinafter defined) which have not yet been purchased and sold hereunder prior to such time, is herein called the “Available Facility Amount” at such time. NOTWITHSTANDING THE WILLINGNESS OF PRUDENTIAL TO CONSIDER PURCHASES OF SHELF NOTES BY PRUDENTIAL AFFILIATES, THIS AGREEMENT IS ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGATED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.

  • Parking Facilities Alamo Colleges District shall make the existing parking facilities at the rented Facility available for the vehicular traffic and parking necessitated by the Organization’s Use of the rented Facility, on a non-exclusive basis, as specified at Exhibit A. MAXIMUM CAPACITY. Organization anticipates approximately the number of participants stated at Exhibit A and agrees to inform Alamo Colleges District of any significant changes five (5) business days in advance of a Use. Organization shall not admit a larger number of persons than can safely and freely move about the Facility. Alamo Colleges District shall notify Organization of the recommended capacity of the Facility and all decisions of Alamo Colleges District concerning questions arising under this Paragraph shall be final.

  • Incremental Facilities (a) The Borrower may by written notice to Administrative Agent elect to request the establishment of one or more (x) additional tranches of term loans (the commitments thereto, the “New Term Loan Commitments”) and/or (y) increases in Revolving Credit Commitments (the “New Revolving Credit Commitments” and, together with the New Term Loan Commitments, the “New Loan Commitments”), by an aggregate amount not in excess of the Maximum Incremental Facilities Amount in the aggregate and not less than $100,000,000 individually (or such lesser amount as (x) may be approved by the Administrative Agent or (y) shall constitute the difference between the Maximum Incremental Facilities Amount and all such New Loan Commitments obtained on or prior to such date). Each such notice shall specify the date (each, an “Increased Amount Date”) on which the Borrower proposes that the New Loan Commitments shall be effective, which shall be a date not less than ten Business Days after the date on which such notice is delivered to the Administrative Agent. The Borrower may approach any Lender or any Person (other than a natural person) to provide all or a portion of the New Loan Commitments; provided that any Lender offered or approached to provide all or a portion of the New Loan Commitments may elect or decline, in its sole discretion, to provide a New Loan Commitment. In each case, such New Loan Commitments shall become effective as of the applicable Increased Amount Date; provided that (i) no Default or Event of Default shall exist on such Increased Amount Date before or after giving effect to such New Loan Commitments, as applicable; (ii) both before and after giving effect to the making of any Series of New Term Loans or New Revolving Loans, each of the conditions set forth in Section 7 shall be satisfied; (iii) the New Loan Commitments shall be effected pursuant to one or more Joinder Agreements executed and delivered by the Borrower and Administrative Agent, and each of which shall be recorded in the Register and shall be subject to the requirements set forth in Section 5.4(d); (iv) the Borrower shall make any payments required pursuant to Section 2.11 in connection with the New Loan Commitments, as applicable; and (v) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Administrative Agent in connection with any such transaction. Any New Term Loans made on an Increased Amount Date shall be designated, a separate series (a “Series”) of New Term Loans for all purposes of this Agreement; provided that (A) if the use of proceeds of such New Loan Commitments is an acquisition or investment permitted under this Agreement, if agreed among the Borrower and the New Revolving Loan Lenders and/or New Term Loan Lenders, as applicable, customary “SunGard” limited conditionality shall apply to the effectiveness of such new Loan Commitments in lieu of the conditions set forth in clauses (i), (ii) and if applicable, (v), above and (B) if such New Loan Commitments are being used to replace or refinance Term Loans or Revolving Credit Commitments pursuant to clause (iii) of the definition of Maximum Incremental Facilities Amount (“Refinancing Commitments”), the conditions set forth in clauses (i) and (ii) above shall not apply.

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