Determination of Inability to Comply. If the Locality, the Authority or VEDP shall determine at any time prior to the Performance Date (a “Determination Date”) that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to VEDP all of the COF Grant proceeds, if any, previously disbursed to the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company, a failure to comply with the covenant provided in Section 2(f), or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant. If the Determination Date is after the First Disbursement, the Company will repay to VEDP all of the COF Grant proceeds previously disbursed to the Company. If the Determination Date is prior to the First Disbursement, this Agreement will be terminated, and the amount not yet disbursed will be retained in the Fund and will become available for other economic development projects.
Determination of Inability to Comply. If the Locality or VEDP shall determine at any time prior to the [Initial] Performance Date (a “Determination Date”) that the Company is unable or unwilling to meet and Maintain its Targets by and through the [Initial] Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority all of the COF Grant proceeds previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant.
Determination of Inability to Comply. If the Locality or the Secretary of Agriculture and Forestry (the “Secretary”) determines at any time before the Performance Date (a “Determination Date”) that the Company is unlikely to meet and Maintain at least fifty (50) percent of its Targets by and through the Performance Date (i.e., by making a Capital Investment of at least $4,450,000 in the Facility, to creating and Maintaining at least 5 New Jobs and 27.5 FTEs at the Facility, or purchasing at least $117,650 or 84,695 pounds of Virginia-grown agricultural and forestal products by the Performance Date), and if the Locality or the Secretary shall have promptly notified the Company of such determination, the entire AFID Grant must be repaid by the Company to the Authority. Such a determination by the Locality or the Secretary will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates the Company will be unable or is unwilling to satisfy the Targets for the AFID Grant.
Determination of Inability to Comply. If the County or VEDP shall determine at any time prior to the Performance Date (the “Determination Date”) that Lidl is unable or unwilling to meet the Targets by and through the Performance Date, and if the County, the XXX or VEDP shall have promptly notified Lidl of such determination, Lidl must repay the entire COF Grant and any funds disbursed by the XXX for the Fiber Access incentive and the Arlington County Incentive Grants, to the XXX. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Lidl Facility by the Company, or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant.
Determination of Inability to Comply. If the Locality, the Authority or VEDP shall determine at any time prior to the Performance Date (a “Determination Date”) that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination and provided the Company with a reasonable grace period to evidence its willingness and ability to achieve the Targets in accordance with this Agreement, such grace period has expired, and the Company has failed to provide such evidence within such expired grace period, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company and this Agreement shall be terminated. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant.
Determination of Inability to Comply. If the County, the XXX, or VEDP shall reasonably believe in good faith at any time prior to the Performance Date that APT is unable or unwilling to meet the Targets by and through the Performance Date, the County, the XXX, or VEDP shall promptly notify APT of such determination in writing and the parties shall meet within thirty (30) days to discuss such situation. If APT is unable to provide reasonable evidence or data that it is able and willing to meet the Targets, the County, the XXX, and VEDP may notify APT in writing that APT will be deemed to not have met the Targets (the date such writing is received, the “Determination Date”) and, APT must repay to the XXX the COF Grant proceeds previously disbursed to APT; such repayment to be in full if the statutory minimum requirements set forth in clause 5(a) have not been achieved or in part if the statutory minimum requirements have been achieved, using the formula set forth in clause 5(b). Such a determination will be based on circumstances of a filing by or on behalf of APT under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of APT, an abandonment of the Facility by APT, or other similar significant event that demonstrates that APT will be unable or is unwilling to satisfy the Targets for the COF Grant. In such event, the County will repay to VEDP all of the COF Grant proceeds not previously disbursed through the XXX to APT.
Determination of Inability to Comply. If the County, the XXX, or VEDP shall reasonably believe in good faith at any time prior to the Performance Date that Nestle is unable or unwilling to meet the Targets by and through the Performance Date, the County, the 8 | P a g e County Board of Arlington County, Virginia Industrial Development Authority of Arlington County, Xxxxxxxx Xxxxxx USA, Inc. Virginia Economic Development Partnership Authority XXX, or VEDP shall promptly notify Nestle of such determination in writing and the parties shall use commercially reasonable efforts to meet within thirty (30) days to discuss such situation. If Nestle is unable to provide reasonable evidence or data that it is able and willing to meet the Targets, the County, the XXX, and VEDP may notify Nestle in writing that Nestle will be deemed to not have met the Targets (the date such writing is received, the “Determination Date”) and, Nestle must repay to the XXX the COF Grant proceeds previously disbursed to Nestle; such repayment to be in full if the statutory minimum requirements set forth in clause 5(a) have not been achieved or in part if the statutory minimum requirements have been achieved, using the formula set forth in clause 5(b). Such a determination will be based only on significant circumstances such as a filing by or on behalf of Nestle under Chapter 7 of the U.S. Bankruptcy Code, the total liquidation of Nestle, or abandonment of all or substantially all of the Facility by Nestle. In such event, the County will repay to VEDP all of the COF Grant proceeds not previously disbursed through the XXX to Nestle, including the One Million and 00/100 Dollars ($1,000,000.00) Remaining COF described in Section 3. b). ii).
Determination of Inability to Comply. If the County, the XXX, or VEDP shall reasonably believe in good faith at any time prior to the Performance Date (the “Determination Date”) that AIR is unable or unwilling to meet the Targets by and through the Performance Date, and if the County, the XXX, or VEDP shall have promptly notified AIR of such determination, AIR must repay to the XXX the COF Grant proceeds previously disbursed to AIR. Such a determination will be based only on such circumstances as a filing by or on behalf of AIR under Chapter 7 of the U.S. Bankruptcy Code, the total liquidation of AIR, or abandonment of the Facility by AIR, or other similar significant event that demonstrated that AIR will be unable or unwilling to satisfy the Targets for the COF Grant. In such case, the County will repay to VEDP all of the COF Grant proceeds not previously disbursed through the XXX to AIR.
Determination of Inability to Comply. If the Authority determines at any time before the Completion Date (as and when determined by the Authority, the “Determination Date”) that the Company is unlikely to have completed the Facility or is unlikely or unable to have substantially injected the full Capital Investment by the Completion Date, and if the Authority shall have promptly notified the Company of such determination, the entire Grant must be repaid by the Company to the Authority. Such a determination by the Authority will be based on, but not limited to, such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company, an uncured default by the Company under its master loan for the Facility, foreclosure by Company’s lender on the Facility or other similar significant event that demonstrates to the Authority that the Company will be unable or is unwilling to complete the Facility or to substantially inject the Capital Investment by the Completion Date.
Determination of Inability to Comply. Prior to the Performance Date if the Authority or VEDP shall determine at any time (a “Determination Date”) that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date (a "Determination"), and if the Authority or VEDP shall have promptly notified the Company of such Determination, the Company shall repay the entire GOF Grant and all of the Local Grant monies received by the Company to the Authority. Such Determination shall be based upon circumstances such as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or another similar significant event that demonstrates the Company will be unable or is unwilling to satisfy the Targets for the GOF Grant.
