Deemed Removal. A Metered Parking Space shall be deemed to be removed by the City for the purposes of this Article 7 (and the provisions of Section 14.3) if the City or the Authority (or any Person acting at the direction of the City or the Authority) takes any action that has the practical effect of removing such Metered Parking Space from service or making it unusable (or fails to take an action that is necessary to be taken in order to preserve a designated Metered Parking Space as a useable parking space) and such condition continues for a period of 180 consecutive Days, whether or not the City officially or formally removes such a space from designation as a Metered Parking Space (or formally declares a Required Closure), and whether or not any specific notice of such removal or closure is provided by the City. Notwithstanding the foregoing, the Concessionaire shall not remove any Metered Parking Devices from a Metered Parking Space unless and until such Metered Parking Space is formally removed by the City from being designated as a Metered Parking Space and notice of such removal is provided by the City to the Concessionaire in accordance with Section 7.2(a).
Deemed Removal. A Metered Parking Space shall be deemed to be removed (a “Permanent Removal”) by Metro for the purposes of this Article 7 upon the earlier to occur of (i) the receipt of written notice by Metro to Parking Company that such closure is a permanent removal of such Metered Parking Space and (ii) six (6) months of continued closure of the Metered Parking Space. If a Metered Parking Space ceases to be designated by Metro as a Metered Parking Space, then Parking Company must immediately cease to collect Metered Parking Fees with respect to such parking space and within Five (5) Business Days after notification and, upon the direction of Metro, shall proceed to remove all Metering Devices with respect thereto, including repairing any damage caused by such removal (i.e., repairing the holes remaining after such removal) unless Metro requires that Metro employees repair such damage. The cost of Metering Device removal (and any related repair) will be an operating expense paid for from the Operating Expense Account.
Deemed Removal. A Metered Parking Space shall be deemed to be removed (a “Permanent Removal”) by Metro for the purposes of this Article 7 upon the receipt of written notice by Metro to Parking Company that such closure is a permanent removal of such Metered Parking Space. If a Metered Parking Space ceases to be designated by Metro as a Metered Parking Space, then Parking Company must immediately cease to collect Metered Parking Fees with respect to such parking space and within Five
Deemed Removal. Without limiting the generality of any other provision of this Indenture, the Restricted Note Legend affixed to any Note will be deemed, pursuant to this Section 2.12(B) and the footnote to such Restricted Note Legend, to be removed therefrom upon the Company’s delivery to the Trustee of notice, signed on behalf of the Company by one (1) of its Officers, to such effect and an Officer’s Certificate. If such Note bears a “restricted” CUSIP or ISIN number at the time of such delivery, then, upon such delivery, such Note will be deemed, pursuant to this Section 2.12(B) and the footnotes to the CUSIP and ISIN numbers set forth on the face of the certificate representing such Note, to thereafter bear the “unrestricted” CUSIP and ISIN numbers identified in such footnotes; provided, however, that if such Note is a Global Note and the Depositary thereof requires a mandatory exchange or other procedure to cause such Global Note to be identified by “unrestricted” CUSIP and ISIN numbers in the facilities of such Depositary, then the Company will effect such exchange or procedure as soon as reasonably practicable and deliver such certificates and opinions to the Trustee as may be required by the Trustee.
