Event of Nonappropriation. In the event the County Council shall not, on or before July 1 of each year, specifically budget and appropriate moneys as provided in Section 4.1(b)(ii) herein which may be lawfully used to pay Acquisition Payments sufficient to pay all Acquisition Payments due hereunder in the Fiscal Year commencing on such July 1, an Event of Nonappropriation shall be deemed to have occurred; subject, however, to each of the following provisions:
(a) The Trustee shall declare an Event of Nonappropriation on any earlier date on which the Trustee receives official, specific written notice from the County that this Facilities Agreement will be terminated.
(b) As soon as practicable after receiving such specific written notice from the County or after an Event of Nonappropriation is deemed to have occurred as contemplated above and the Trustee has actual notice of such deemed occurrence, the Trustee shall give written notice to the County and the Corporation of an Event of Nonappropriation; but any failure of the Trustee to give such written notice shall not prevent the Trustee from declaring an Event of Nonappropriation or from taking any remedial action which would otherwise be available to the Trustee.
(c) [Reserved]
(d) The Trustee shall waive any Event of Nonappropriation which is cured prior to the expiration of the Waiver Period by the County’s specifically budgeting and appropriating from the millage levied by the County for the College, the proceeds of general obligation bonds, bond anticipation notes, or other permissible indebtedness of the County or the Corporation (or other moneys which may be lawfully used to pay Acquisition Payments) funds sufficient to pay all Acquisition Payments due hereunder in such Fiscal Year to which the Event of Nonappropriation applies. If an Event of Nonappropriation occurs and is not waived, the County shall not be deemed to be in default under this Facilities Agreement and shall not be obligated to make payment of any future Acquisition Payments due hereunder or any other payments provided for herein which accrue after the beginning of the Fiscal Year with respect to which there has occurred an Event of Nonappropriation; provided, however, that, subject to the limitations of Section 4.6 hereof and this Section 4.7, the County shall continue to be liable for Acquisition Payments, (a) accrued prior to the beginning of such Fiscal Year, and due hereunder, and (b) allocable to any period during which the County shall continue to occup...
Event of Nonappropriation. (a) In the event that the City Council of the Lessee shall not budget and appropriate, specifically with respect to this Lease, on or before the end of each Fiscal Year, moneys sufficient to pay all Rental Payments and the reasonably estimated Additional Payments coming due for the then current Renewal Term, an Event of Nonappropriation shall be deemed to have occurred. In the event that during the Initial Term or any Renewal Term, any Additional Payments shall become due which were not included in the Lessee’s current budget, or which exceeded the amounts which were included therefor in the Lessee’s current budget, then, in the event that moneys are not specifically budgeted and appropriated to pay such Additional Payments within 30 days subsequent to the date upon which such Additional Payments are due, an Event of Nonappropriation shall be deemed to have occurred.
(b) If an Event of Nonappropriation occurs, the Lessee shall not be obligated to make payment of the Rental Payments or Additional Payments or any other payments provided for herein (other than Section 6.8 of this Lease or from funds pledged to or encumbered for the payment of such obligations) which accrue after the last day of the Initial Term or Renewal Term during which such Event of Nonappropriation shall occur.
Event of Nonappropriation. If any one or more of the following events shall occur and be continuing with respect to a Sponsor, it is hereby defined as and declared to be and to constitute an “Event of Non-Appropriation” under this Agreement with respect to such Sponsor:
(a) Failure of the Missouri General Assembly to budget and appropriate, specifically with respect to this Agreement, on or before the last day of its Fiscal Year, the State Financing Amount for the next succeeding Fiscal Year; or
(b) Failure of the Board of Aldermen of the City to budget and appropriate, specifically with respect to this Agreement, on or before the last day of its Fiscal Year, the City Financing Amount for the next succeeding Fiscal Year; or
(c) Failure of the Board of Aldermen of the City to budget and appropriate, specifically with respect to this Agreement, on or before the last day of its Fiscal Year, the Event Day Tax Revenues Reimbursement Amount for the next succeeding Fiscal Year. Upon receipt of a certificate pursuant to Section 4.6 hereof from a Sponsor which states that such Sponsor has not appropriated the funds required to be appropriated by such Sponsor under Section 4.6 hereof, or upon receipt of other notice of the occurrence of any Event of Non- Appropriation with respect to a Sponsor, the Trustee shall immediately notify the Authority and the Sponsors of the occurrence of an Event of Non-Appropriation with respect to any Sponsor. Upon receipt of notice of the occurrence of an Event of Non-Appropriation or an Event of Default under Section 8.1(a) hereof with respect to a Sponsor, the Authority shall notify the Commissioners of the Authority appointed by such Sponsor that, pursuant to the Act, such Commissioners are disqualified from voting on any matter, action or resolution to come before the Authority, and from participating in any of the business of the Authority, so long as such Event of Non-Appropriation or Event of Default under Section 8.1(a) hereof continues with respect to such Sponsor.
Event of Nonappropriation. An "Event of Nonappropriation" shall be deemed to have occurred:
(a) On June 30 of any Fiscal Year if the State Legislature or School has, on such date, failed, for any reason, to appropriate sufficient amounts authorized and directed to be used to pay all Base Rent and all Monthly Fixed Reimbursable Expenses scheduled to be paid, and any Shortfall in Reimbursable Expenses and other estimated Additional Rent to be payable in the next ensuing Fiscal Year; or
(b) If:
(i) Damage to, a material defect in, or loss of title to the Premises pursuant Article XIII, Section (a) has occurred, and
(ii) the Net Proceeds received as a consequence of such event are not sufficient to repair, restore, modify, improve or replace the Premises in accordance with Article XIII, Section (c), and
(iii) School has not appropriated amounts sufficient to proceed under Article XIII, Section (c) (ii) by June 30 of the Fiscal Year in which such event occurred or by June 30 of any subsequent Fiscal Year in which the insufficiency of Net Proceeds to repair, restore, modify, improve or replace the Premises becomes apparent, on June 30 of the Fiscal Year in which such event occurred or on June 30 of any subsequent Fiscal Year in which such insufficiency became apparent, as applicable.
Event of Nonappropriation. The phrase means the failure of the City to appropriate for any Fiscal Year, sufficient funds to pay the Grant payment, or the reduction of any previously appropriated money below the amount necessary to permit the City to pay the Grant payments from lawfully available funds.
Event of Nonappropriation. The failure of the City to appropriate in the budget adopted prior to the commencement of any Fiscal Year sufficient funds to pay the Lease Payments for such Fiscal Year, or the reduction of any Appropriation to an amount insufficient to permit the City to pay the Lease Payments (in which event, the Event of Nonappropriation shall be retroactive to the beginning of the Fiscal Year in which the reduction is made) from any money that may lawfully be used with respect to any payment obligated or permitted under the Lease Agreement.
Event of Nonappropriation. In the event the County Council shall not, on or before July 1 of each year, specifically budget and appropriate from the proceeds of general obligation bonds or other legally permissible indebtedness, including installment purchase revenue bonds of the Corporation or bond anticipation notes, or from other moneys which may be lawfully used to pay Rental Payments and/or Acquisition Payments, as the case may be, funds sufficient to pay all Acquisition Payments due hereunder in the Fiscal Year commencing on such July 1, an Event of Nonappropriation shall be deemed to have occurred; subject, however, to each of the following provisions:
(a) The Trustee shall declare an Event of Nonappropriation on any earlier date on which the Trustee receives official, specific written notice from the County that this Facilities Agreement will be terminated.
(b) As soon as practicable after receiving such specific written notice from the County or after an Event of Nonappropriation is deemed to have occurred as contemplated above and the Trustee has actual notice of such deemed occurrence, the Trustee shall give written notice to the County and the Corporation of an Event of Nonappropriation; but any failure of the Trustee to give such written notice shall not prevent the Trustee from declaring an Event of Nonappropriation or from taking any remedial action which would otherwise be available to the Trustee.
(c) [Reserved]
Event of Nonappropriation. If, by the first day of each Calendar Year corresponding to each Renewal Term, sufficient funds are not appropriated by the City Council for the payment of the City Contribution during such Calendar Year, and funds are not otherwise legally available for such purpose, an event of nonappropriation (“Event of Nonappropriation”) shall be deemed to have occurred, and this Agreement shall terminate as of the expiration of the Initial Term or such Renewal Term, as applicable, for which funds have been appropriated. Upon the occurrence of an Event of Nonappropriation, this Agreement shall terminate as provided above, and the County shall not have the right to compel the City to appropriate the City Contribution in any Calendar Year; provided, however, the Parties acknowledge and agree that:
(i) the efficient and effective operation and maintenance of the Dispatch System by the County depends in part on adequate funding, including the City’s annual provision of the City Contribution; and (ii) an Event of Nonappropriation would adversely affect the County’s ability to operate and maintain the Dispatch System which, in turn, would adversely affect the County’s ability to operate and maintain Emergency Medical Service and its ability to serve the needs of residents of the County, including residents of the City. Accordingly, while the City has no legal obligation to appropriate the City Contribution in any Calendar Year, it is agreed that an Event of Nonappropriation would adversely affect the County’s ability to serve the needs of County and City residents.
Event of Nonappropriation. An “Event of Nonappropriation” shall be deemed to have occurred:
Event of Nonappropriation. Upon the occurrence of an Event of Nonappropriation, the following provisions shall apply:
