Disposition Agreement. Except as expressly amended or modified herein, the Disposition Agreement (as amended hereby) shall continue in full force and effect in accordance with the provisions hereof and thereof as in existence on the date hereof. After the date hereof, any reference to the Disposition Agreement, shall mean the Disposition Agreement as amended by this Amendment.
Disposition Agreement. The Company shall have performed its obligations under the Disposition Agreement (the “Disposition Agreement”), dated as of August 4, 2008, between the Buyer and the Company. The obligation of the Company and the Sellers to consummate the transactions contemplated hereby at the Initial Closing is subject to the fulfillment on or prior to the Initial Closing Date of the following conditions, any one or more of which, at the option of the Sellers, may be waived by the Sellers in their sole discretion:
Disposition Agreement. (A) Not later than one hundred fifty (150) days after a small utility rate case is opened, the staff shall file one of the following:
1. A disposition agreement between at least the staff and the utility providing for a full resolution of the small utility rate case;
2. A disposition agreement between at least the staff and the utility providing for a partial resolution of the small utility rate case and a motion asking that the case proceed to an evidentiary hearing; or
3. A motion stating that agreements cannot be reached on any of the issues related to the small utility rate case and asking that the case proceed to an evidentiary hearing.
(B) If the disposition agreement filed by the staff provides for a full resolution of the small utility rate case and is executed by all parties, the utility shall submit to the commission, within five business days of the staff’s filing, new and/or revised tariff sheets bearing an effective date of not fewer than thirty (30) days later, to implement the agreement.
(C) If the disposition agreement filed by the staff provides for a full resolution of the small utility rate case but is not executed by all parties, the utility shall submit to the commission concurrent with the staff’s filing new and/or revised tariff sheets, bearing an effective date that is not fewer than forty-five (45) days after they are filed, to implement the agreement.
(D) No later than five (5) working days after the filing of a full or partial disposition agreement that is not executed by all parties, each non-signatory party shall file a pleading stating its position regarding the disposition agreement and the related tariff revisions and providing the reasons for its position. If the non-signatory party intends to ask that the case be resolved by evidentiary hearing, it must do so in this pleading.
(E) If any party requests an evidentiary hearing where the disposition agreement filed by the staff provides for a full resolution of the small utility rate case and is executed by at least the utility and the staff, either the utility or staff shall bear the burden of proving the disposition agreement is reasonable.
1. If the utility elects to not participate as a party in an evidentiary hearing, representatives of the utility may still be called as witnesses by other parties.
Disposition Agreement. Promptly after the execution and delivery of this Agreement, the Agent and AVS Investors will diligently and in good faith attempt to negotiate with Debtors an agreement allowing Agent lawfully to prevent any sale or other disposition of the Property on terms that are unacceptable to Agent (the "Disposition Agreement"), and the Agent and the AVS Investors will support a Disposition Motion, if any is filed, seeking entry of a Disposition Order.
Disposition Agreement. Recital C Effective Interest Rate ............................................... 40 End of the Development Period of Phase 1A ............................. 40 Equity ................................................................ 40
Disposition Agreement. The Company shall have performed its obligations under the Disposition Agreement (the “Disposition Agreement”), dated as of August 4, 2008, between the Buyer and the Company.
Disposition Agreement. If required by HUD, the Disposition Agreement executed by and between HUD and Lessor pertaining to the disposition of the Property.
