Designation Criteria. Pursuant to WAC 173-26-211(5)(c)(iii), this SED applies all to lands and water located west of the Pacific Ocean OHWM. In Long Beach, the Aquatic SED is an area approximately 2.5 miles north to south between the north and south city limits and three (3) nautical miles east to west, from the Pacific Ocean OHWM waterward including the ocean beach and Pacific Ocean seabed and waters.
Designation Criteria. The Ocean Management Regulations within this section apply to the Conservancy SED and the Aquatic SED.
Designation Criteria. Pursuant to WAC 173-26-211(5)(e)(iii), this designation is applied to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not generally suitable for water-dependent uses if any of the following characteristics apply:
1. They are suitable for water-related or water-enjoyment uses;
2. They are open space, flood plain, or other sensitive areas that should not be more intensively developed;
3. They have potential for ecological restoration;
4. They retain important ecological functions, even though partially developed; or
5. They have the potential for development that is compatible with ecological restoration. In Long Beach, the Conservancy SED generally encompasses the primary dune, and is relatively free of human influence, except the presence of several facilities or portions of facilities that serve the public good. The Conservancy SED applies to all lands located between the north and south city limits and between the Pacific Ocean OHWM to the west and 200 feet east of the OHWM to the east plus those interdunal wetlands located west of the1889 Government Meander Line.
Designation Criteria. (i) No corporation acquired or formed after the Closing Date shall be designated as a Restricted Subsidiary (including deemed designation pursuant to Section 6.17(a)) unless:
(A) such Subsidiary at such time meets all of the requirements of a "Restricted Subsidiary" as set forth in the definition thereof; and
Designation Criteria. (i) No Unrestricted Subsidiary shall at any time after the Effective Date be designated as a Restricted Subsidiary unless:
(A) such Subsidiary at such time meets all of the requirements of a Restricted Subsidiary as set forth in the definition thereof; and
(B) immediately before and after, and after giving effect to such designation, and assuming that all Investments of, all obligations and liabilities of, and all Liens on the Property of, such Subsidiary being so designated were made or incurred contemporaneously with such designation, no Default or Event of Default exists or would exist.
(ii) No Restricted Subsidiary shall at any time after the Effective Date be designated as an Unrestricted Subsidiary.
Designation Criteria. (i) No Subsidiary shall at any time after the Closing Date be designated as a Restricted Subsidiary unless:
(A) such Subsidiary at such time meets all of the requirements of being a Restricted Subsidiary as set forth in the definition thereof (other than clause (a) of such definition);
(B) immediately before and after, and after giving effect to such designation, no Default or Event of Default exists or would exist; and
(C) such Subsidiary shall not previously have been designated as a Restricted Subsidiary on more than one (1) other occasion.
(ii) No Restricted Subsidiary shall at any time after the Closing Date be designated as an Unrestricted Subsidiary unless:
(A) immediately after, and after giving effect to such designation, no Default or Event of Default exists or would exist; and
(B) immediately prior to such designation, such Restricted Subsidiary being so designated does not own, directly or indirectly, any Capital Stock of any Restricted Subsidiary not being simultaneously designated as an Unrestricted Subsidiary.
Designation Criteria. (i) No Subsidiary shall at any time after the Closing be designated as a Restricted Subsidiary unless:
43 49 (A) immediately after giving effect to such designation, and assuming that all obligations and liabilities of such Subsidiary being so designated were incurred contemporaneously with such designation,
(1) no Default or Event of Default exists or would exist,
(2) the Company would be permitted by the provisions of Section 10.5 to incur at least $1.00 of additional Debt owing to a Person other than a Restricted Subsidiary, and
(3) no Unrestricted Subsidiary, directly or indirectly, owns or holds any Debt or Capital Stock of such Subsidiary; and
Designation Criteria. Pursuant to WAC 173-26-211(5)(e)(iii), this designation is applied to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not generally suitable for water-dependent uses if any of the following characteristics apply:
1. They are suitable for water-related, or water-enjoyment uses; Moved up [2]: Nearly the entirety of the city’s jurisdictional shoreline is located well west of the private building setback line at a distance from the developed areas of the city, and a substantial percentage is in public ownership; the remainder consists of associated wetlands, a critical area. See Appendix 1 to this document for the jurisdictional shoreline map. This allows for a simplified Moved up [1]: 5.2 Aquatic SED¶ 5.2.1 Intent ¶ To protect, restore, and manage unique characteristics and resources of the ocean beach and the Pacific Ocean; to maintain or increase access, including both beach access and traditional fishing access to ocean seabed and waters; and to increase recreational opportunities. The Aquatic SED Deleted: Prohibited Uses¶ Boating Facilities (except public piers/docks)¶ Disposal of dredge material, except as noted below¶ Energy production/processing¶ Industrial¶ In-water uses that would result in long-term significant adverse impacts to coastal or marine resources, particularly ... Deleted: Prohibited Uses¶ Except as specified below and in the SMA, specifically prohibited are non-water oriented uses or infrastructure that could practicably be located outside the Conservancy SED¶ Agriculture¶ Disposal of dredge or other material, unless noted herein¶ Dune modification except as stated below¶ ...
2. They are open space, flood plain, or other sensitive areas that should not be more intensively developed;
3. They have potential for ecological restoration;
4. They retain important ecological functions, even though partially developed; or
5. They have the potential for development that is compatible with ecological restoration. In Long Beach, the Conservancy SED generally encompasses the primary dune, and is relatively free of human influence, except the presence of several facilities or portions of facilities that serve the public good. The Conservancy SED applies to all lands located between the north and south city limits and between the Pacific Ocean OHWM to the west and 200 feet east of the OHWM to the east plus those interdunal wetlands3 located west ...
Designation Criteria. No Subsidiary shall at any time after the date of Closing be designated as an Unrestricted Subsidiary unless:
(i) immediately before and after, and after giving effect to such designation, and assuming that all obligations, liabilities and investments of, and all Liens on the property of, such Subsidiary being so designated were incurred or made contemporaneously with such designation, no Default or Event of Default exists or would exist;
(ii) such Subsidiary had not, prior to such time, previously been designated as an Unrestricted Subsidiary pursuant to Section 9.7(b) hereof; and
(iii) such Subsidiary does not own, directly or indirectly, any Indebtedness, Voting Stock or other Capital Stock of the Company or any Restricted Subsidiary. No Subsidiary shall at any time after the date of Closing be designated as a Restricted Subsidiary unless:
(A) immediately before and after, and after giving effect to such designation, and assuming that all obligations, liabilities and investments of, and all Liens on the property of, such Subsidiary being so designated were incurred or made contemporaneously with such designation, no Default or Event of Default exists or would exist; provided, however, that the Company's compliance with Section 10.2 should be determined on the basis that such transaction had been consummated immediately prior to the end of the Company's then most recently ended fiscal quarter; and
(B) more than 50% of the shares of such Subsidiary's Voting Stock and other Capital Stock is owned, directly or indirectly, by one or more of the Company and the Restricted Subsidiaries.
Designation Criteria. No Subsidiary shall at any time after the Effective Date be designated as a Restricted Subsidiary unless:
