Expropriation Event Sample Clauses

Expropriation Event. If an Expropriation Event shall occur with respect to the Project, (a) promptly upon discovery or receipt of notice of any occurrence thereof, provide written notice thereof to the Lender, (b) diligently pursue all its rights to compensation against the relevant Governmental Instrumentality in respect of such Expropriation Event, and (c) hold any Expropriation Proceeds received in respect of such event (after deducting all reasonable expenses incurred by it in litigating, arbitrating, compromising, settling or consenting to the settlement of any claims) in trust for the benefit of the Lender separated from other funds of the Borrower, (d) promptly deposit all Expropriation Proceeds in (i) the RMB Revenue Account if denominated in RMB or (ii) in the Foreign Debt Repayment Account if denominated in Dollars. The Borrower consents to the participation of the Lender in any proceedings regarding an Expropriation Event, and the Borrower shall from time to time deliver to the Lender all documents and instruments requested by it to permit such participation. Nothing in this Section 5.14 shall be deemed to impair any rights which the Lender may have with respect to any such Expropriation Event.
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Expropriation Event. An Expropriation Event shall occur with respect to either Loan Party or any Subsidiary of the Borrower, which individually or taken together with any other Expropriation Event, involves an aggregate value equivalent of $10,000,000 or more; or
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Expropriation Event. If an Expropriation Event shall occur with respect to the Borrower’s or any Restricted Subsidiary’s Property, then the Borrower or such Restricted Subsidiary, as the case may be, shall: (i) promptly (but in any event within five Business Days) upon discovery or receipt of notice of any occurrence thereof provide written notice to the Agents, (ii) diligently pursue all of its rights to compensation against the relevant Governmental Authority in respect of such Expropriation Event, and (iii) not, without the written consent of the Required Lenders, compromise or settle any claim with or against such Governmental Authority. Nothing in this paragraph shall be deemed to impair any rights any Financing Party may have with respect to any such Expropriation Event.
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Expropriation Event. An Expropriation Event shall occur with respect to any Loan Party or any Subsidiary, which individually or taken together with any other Expropriation Event, could reasonably be expected to result in a Material Adverse Effect; or
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Expropriation Event. If an Expropriation Event shall occur with respect to the Facility, (a) promptly upon discovery or receipt of notice of any occurrence thereof, provide written notice thereof to the Lender, (b) diligently pursue all its rights and the rights of the Joint Venture Companies rights to compensation against the relevant Governmental Instrumentality in respect of such Expropriation Event, and (c) immediately deposit with the Trustee, to be held and applied pursuant to the Indenture, any Expropriation Proceeds received in respect of such event. The Borrower consents to the participation of the Lender in any proceedings regarding an Expropriation Event, and the Borrower shall from time to time deliver to the Lender all documents and instruments requested by it to permit such participation. Nothing in this Section shall be deemed to impair any rights which the Lender may have with respect to any such Expropriation Event.
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Expropriation Event. Within three days after a Senior Officer of the Company becomes aware thereof, written notice of the commencement of, or of a material threat of the commencement of, any action that could reasonably be expected to lead to an Expropriation Event; such written notice shall set forth the nature of such pending or threatened action, suit or proceeding and such additional information with respect thereto as may be reasonably requested by the Collateral Agent or any other Pari Passu Creditor Party; and
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Expropriation Event. 49.5.1 Where the Council Default is an Expropriation Event then on the occurrence of an Expropriation Event, the Contractor shall notify the Lead Authority as soon as practicable by service of a notice (“Expropriation Notice”) of the occurrence of such Expropriation Event. The Expropriation Notice shall be addressed to the Chief Executive of the Lead Authority and shall include all details of the Expropriation Event known to the Contractor, including the likely effect on the obligations of the Contractor. The Expropriation Notice shall specifically refer to this clause 49.5 and enclose a copy of this clause. 49.5.2 As soon as practicable following such notification, the Parties shall consult with each other in good faith and use all reasonable endeavours to agree (such agreement not to be unreasonably withheld or delayed) appropriate terms to mitigate the effects of the Expropriation Event and facilitate the continued performance of this Contract. 49.5.3 Upon service of an Expropriation Notice the Contractor shall be relieved from any default under or breach of this Contract resulting from such Expropriation Event. This relief shall be retrospective and apply from the time that the Expropriation Event occurred. 49.5.4 If, within 30 days after receipt of an Expropriation Notice the Lead Authority shall not have served upon the Contractor a Councils’ Notice of Change to change the Works and/or Services in accordance with clause 24.1 with the effect of ensuring that the Contractor is no better and no worse off as a result of the Expropriation Event the Contractor shall serve upon the Chief Executive of the Lead Authority a further notice (“Further Expropriation Notice”) enclosing a copy of this clause and a copy of the Expropriation Notice and stating that in the event of a failure to serve a Councils’ Notice of Change with the aforementioned effect within 5 days of the receipt by the Lead Authority of the Further Expropriation Notice then this Contract may be terminated under this clause 49. 49.5.5 If no Councils’ Notice of Change is served under clause 49.4 either on or before the 30 days following the receipt of the Expropriation Notice or the said 5 days of the receipt of the Further Expropriation Notice or the Parties are unable to agree appropriate terms in accordance with Clause 49.5.2 within 30 Days of the issue of the Expropriation Notice then the Contractor may, provided that it has complied with this clause 49, terminate this Contract on Council De...
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Expropriation Event. There occurs any Expropriation Event;
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Related to Expropriation Event

  • Expropriation Neither Party shall expropriate or nationalize, either directly or indirectly through measures equivalent to expropriation or nationalization (hereinafter referred to as "expropriation") against investments of investors of the other Party in its territory, unless the following conditions are met: (a) for the public interest (15); (b) under domestic legal procedure; (c) without discrimination; and (d) against compensation.

  • EMINENT DOMAIN/CONDEMNATION 7.1 Lessor to notify Lessee 7.2 Whole taking, rents prorated 7.3 Taking

  • Condemnation/Eminent Domain In the event that the Premises or any part thereof, or the whole or any part of the Building, shall be taken or appropriated by eminent domain or shall be condemned for any public or quasi-public use, or (by virtue of any such taking, appropriation or condemnation) shall suffer any damage (direct, indirect or consequential) for which Landlord or Tenant shall be entitled to compensation, then (and in any such event) this Lease and the Term hereof may be terminated at the election of Landlord by a notice in writing of its election so to terminate which shall be given by Landlord to Tenant within sixty (60) days following the date on which Landlord shall have received notice of such taking, appropriation or condemnation. In the event that a material part of the Premises or the means of access thereto shall be so taken, appropriated or condemned, and in either case, the remainder of the Premises or the mode of access thereto is, in Tenant’s reasonable judgment, unsuitable for the operation of Tenant’s business in the Premises, then (and in any such event) this Lease and the Term hereof may be terminated at the election of Tenant by a notice in writing of its election so to terminate which shall be given by Tenant to Landlord within sixty (60) days following the date on which Tenant shall have received notice of such taking, appropriation or condemnation. Upon the giving of any such notice of termination (either by Landlord or Tenant) this Lease and the Term hereof shall terminate on or retroactively as of the date on which Tenant shall be required to vacate any part of the Premises or shall be deprived of a substantial part of the means of access thereto, provided, however, that Landlord may in Landlord’s notice elect to terminate this Lease and the Term hereof retroactively as of the date on which such taking, appropriation or condemnation became legally effective. In the event of any such termination, this Lease and the Term hereof shall expire as of such effective termination date as though that were the Expiration Date as stated in Exhibit 1, and the Yearly Rent (together with Operating Costs Excess and Tax Excess) shall be apportioned as of such date. If neither party (having the right so to do) elects to terminate Landlord will, with reasonable diligence and at Landlord’s expense, restore the remainder of the Premises, or the remainder of the means of access, as nearly as practicably may be to the same condition as obtained prior to such taking, appropriation or condemnation in which event (i) the Total Rentable Area shall be equitably adjusted, (ii) a just proportion of the Yearly Rent, according to the nature and extent of the taking, appropriation or condemnation and the resulting permanent injury to the Premises and the means of access thereto, shall be permanently abated, and (iii) a just proportion of the remainder of the Yearly Rent, according to the nature and extent of the taking, appropriation or condemnation and the resultant injury sustained by the Premises and the means of access thereto, shall be abated until what remains of the Premises and the means of access thereto shall have been restored as fully as may be for permanent use and occupation by Tenant hereunder. Except for any award specifically reimbursing Tenant for moving or relocation expenses or for Tenant’s personal property, or for the unamortized value of any leasehold improvements paid for by Tenant (in excess of any Landlord contribution), there are expressly reserved to Landlord all rights to compensation and damages created, accrued or accruing by reason of any such taking, appropriation or condemnation, in implementation and in confirmation of which Tenant does hereby acknowledge that Landlord shall be entitled to receive all such compensation and damages, grant to Landlord all and whatever rights (if any) Tenant may have to such compensation and damages, and agree to execute and deliver all and whatever further instruments of assignment as Landlord may from time to time reasonably request. In the event of any taking of the Premises or any part thereof for temporary (i.e., not in excess of one (1) year) use, (i) this Lease shall be and remain unaffected thereby, and (ii) Tenant shall be entitled to receive for itself any award made to the extent allocable to the Premises in respect of such taking on account of such use, provided, that if any taking is for a period extending beyond the Term of this Lease, such award shall be apportioned between Landlord and Tenant as of the Expiration Date or earlier termination of this Lease.

  • No Expropriation No property or asset of the Company (including any Property or Mineral Rights) has been taken or expropriated by any Governmental Entity nor has any notice or proceeding in respect thereof been given or commenced nor, to the knowledge of the Company, is there any intent or proposal to give any such notice or to commence any such proceeding.

  • INDUCEMENT RECAPTURE IN EVENT OF BREACH Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "INDUCEMENT PROVISIONS" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by Lessee to Lessor, and recoverable by Lessor, as additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.

  • Dissolution Event If there is a Dissolution Event before the termination of this Safe, the Investor will automatically be entitled (subject to the liquidation priority set forth in Section 1(d) below) to receive a portion of Proceeds equal to the Cash-Out Amount, due and payable to the Investor immediately prior to the consummation of the Dissolution Event.

  • Eminent Domain With respect to eminent domain: A) Condemnation of Demised Premises. If the whole or any substantial part of the Demised Premises shall be taken or acquired by any public or quasi-public authority under the power or threat of eminent domain, for other than a temporary period, the Lease Term shall cease as of the day possession shall be taken by such public or quasi-public authority, and Tenant shall pay Rent up to that date with an appropriate refund by Landlord of any rent which may have been paid in advance for any period subsequent to the date possession is taken. In the event that during the term of this Agreement the Demised Premises, or any part thereof, or more than __________% of the Real Property or of the Common Area is taken by condemnation or right of eminent domain, or by private purchase in lieu thereof, this Agreement and the term hereby granted shall be terminable at Landlord’s sole option and if Landlord so terminates then this Agreement shall expire on the date when possession shall be taken by the condemnor and the Base Rent herein reserved shall be apportioned and paid in full to that date and all prepaid Base Rent shall forthwith be repaid by Landlord to Tenant. In the event Landlord does not elect to cancel or terminate this Agreement as provided above, then Landlord shall rebuild and restore the Demised Premises as nearly as possible to their condition immediately prior to any such taking and this Agreement shall continue in full force and effect except that, during such restoration, the Base Rent payable pursuant to the terms of this Agreement shall be equitably apportioned in the proportion that the square footage of the part of the Demised Premises so taken bears to the total square footage of the Demised Premises immediately prior to such taking; provided, however, in no event shall there be any abatement of the payment of any Operating Costs, provided further, however, the Landlord’s obligations to restore or rebuild shall be limited to an amount which does not exceed the proceeds obtained from such taking (less expenses incurred in collecting the same). Notwithstanding the foregoing, in the event the net condemnation award received by Landlord is insufficient to restore or rebuild the structural portions of the Demised Premises the Landlord shall have the option within __________ days after Landlord’s receipt of the net condemnation, to cancel and terminate this Agreement, and Tenant shall be limited to consequential damages only.

  • Condemnation As of the date of origination and to the Mortgage Loan Seller’s knowledge as of the Cut-off Date, there is no proceeding pending and, to the Mortgage Loan Seller’s knowledge as of the date of origination and as of the Cut-off Date, there is no proceeding threatened for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

  • Dissolution Events The Company shall be terminated and dissolved at such time or upon the happening of such events as shall be determined by the Member.

  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

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