Compliance with Zoning Laws. None of the Company, the Operating Partnership or any Subsidiary knows of any violation of any municipal, state or federal law, rule or regulation (including those pertaining to environmental matters) concerning any real property owned in fee simple or leased by the Company, the Operating Partnership or the Subsidiaries as of the date of this Agreement (collectively, for purposes of this subsection only, the “Properties”) or any part thereof which could have a Material Adverse Effect; the Company has disclosed in the Time of Sale Information and the Prospectus with an adequate amount of detail all options and rights of first refusal to purchase all or part of any Property or any interest therein; each of the Properties complies with all applicable zoning laws, ordinances, regulations and deed restrictions or other covenants in all material respects and, if and to the extent there is a failure to comply, such failure does not materially impair the value of any of the Properties and will not result in a forfeiture or reversion of title; none of the Company, the Operating Partnership or any Subsidiary has received from any governmental authority any written notice of any condemnation of or zoning change affecting the Properties or any part thereof, and none of the Company, the Operating Partnership or any Subsidiary knows of any such condemnation or zoning change which is threatened and which if consummated could have a Material Adverse Effect; all liens, charges, encumbrances, claims, or restrictions on or affecting the properties and assets (including the Properties) of any of the Subsidiaries that are required to be described in the Time of Sale Information and the Prospectus are disclosed therein; no tenant of any of the Properties is in default under any of the leases pursuant to which any property is leased (and the Guarantors and the Operating Partnership do not know of any event which, but for the passage of time or the giving of notice, or both, would constitute a default under any of such leases) other than such defaults that, individually or taken as a whole, would not have a Material Adverse Effect;
Compliance with Zoning Laws. BPW agrees that the use of real property purchased for use by the BPW within the City of Lewes municipal limits shall comply with the CITY Zoning regulations concerning use of real property within the City of Lewes. To the extent BPW intends to use property for a municipal purpose not consistent with applicable zoning laws, BPW will have the burden of demonstrating to the CITY, and the CITY will have the discretion to determine, that the intended use is a municipal purpose and that a waiver of zoning requirements is warranted.
Compliance with Zoning Laws. With respect to each Facility, Borrower shall have delivered to Lender with respect to such Facility (i) copies of the applicable zoning ordinances and map marked to show the location of such Facility and certified by an appropriate Governmental Authority to be complete and accurate, and (ii) evidence satisfactory to Lender that such zoning ordinances and the general plans/specific plans and all other land use regulations of the applicable municipal jurisdictions and all covenants, conditions and restrictions, if any, affecting such Facility permit the transfer of such Facility and use thereof for its Primary Intended Use and for all other uses (if any) contemplated under the Master Lease (and reconstruction and resumption of use in the event of damage, destruction, or cessation of use) as a matter of right for an unlimited time period and not merely as a legal non-conforming use.
Compliance with Zoning Laws. 18 Section 6.07. Payment of Taxes; Discharge of Liens 18 Section 6.08. Investments and Arbitrage. 18 Section 6.09. Sale or Transfer of the Project. 19 Section 6.10. Maintenance of Existence. 19 Section 6.11. Merger; Consolidation; Transfer of Assets. 19 Section 6.12. Annual Financial Statements. 20 Section 6.13. Additional Payments. 20 Section 6.14. Assurance of Tax Exemption. 21 Section 6.15. Payment of Costs of Issuance; Expenses. 22 Section 6.16. Compliance with Act. 22 ARTICLE VII DAMAGE; EMINENT DOMAIN 22 Section 7.01. Damage. 22 Section 7.02. Eminent Domain. 23 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES 23 Section 8.01. Events of Default. 23 Section 8.02. Remedies. 24 Section 8.03. No Remedy Exclusive. 26 Section 8.04. Reimbursement of Attorneys’ Fees. 26 Section 8.05. Waiver of Breach: Exercise of Rights by Trustee. 26 Section 8.06. Trustee’s Exercise of the Issuer’s Remedies. 26 ARTICLE IX MISCELLANEOUS 26 Section 9.01. Termination. 26 Section 9.02. Assignment. 27 Section 9.03. Amendments, Changes and Modifications. 27 Section 9.04. Performance by Third Parties. 27 Section 9.05. Performance for Issuer Under Indenture. 27 Section 9.06. Investment of Indenture Funds. 27 Section 9.07. Patriot Act. 28 Section 9.08. Performance by Issuer. 28 Section 9.09. Third Party Beneficiaries. 28 [$ ] This Loan Agreement, dated as of December 1, 2012, between Fond du Lac County, Wisconsin, a political subdivision of the State of Wisconsin (as hereinafter defined, the “Issuer”), and Bug Tussel Wireless, LLC, a Wisconsin limited liability company (as hereinafter defined, the “Borrower”).
Compliance with Zoning Laws. Each of the Properties complies with all applicable zoning laws, ordinances, regulations and deed restrictions or other covenants in all material respects or, if and to the extent there is a failure to comply, such failure does not materially impair the value of any of the Properties and will not result in a forfeiture or reversion of title; there is no pending or threatened condemnation, zoning change or other similar proceeding or action that will in any material respect affect the size or use of, improvements on, or construction on or access to the Properties, except such zoning changes, proceedings or actions that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect.
Compliance with Zoning Laws. The use of the Facility shall at all times be and continue to be in full compliance with all applicable zoning laws and ordinances. The Company shall not initiate or acquiesce in any zoning reclassification, or seek any conditional use permit or variance without the written consent of the Issuer.
Compliance with Zoning Laws. The use of the Project shall at all times be and continue to be in full compliance with all applicable zoning laws and ordinances.
Compliance with Zoning Laws. The use of the Project shall at all times be and continue to be in full compliance with all applicable zoning laws and ordinances. The Borrowers shall not initiate or acquiesce in any zoning reclassification, or seek any conditional use permit or variance without the written consent of the Issuer and the Original Purchaser while it remains a Bondowner.
