Grounds for Refusing Approval Sample Clauses

Grounds for Refusing Approval. The Department will only be entitled to withhold its approval to any proposed Substitute that is the subject of a Substitution Notice if: (a) In the Department’s reasonable opinion, the proposed Substitute is not a Qualified Substitute Concessionaire; or (b) subject to Section 6.04, there are outstanding breaches of the Second ARCA that have been previously notified by the Department to the Collateral Agent and have not, to the reasonable satisfaction of the Department, been remedied or waived prior to the date of the Substitution Notice; unless the Department has approved (such approval not to be unreasonably withheld or delayed) a plan specifying the remedial action that the Substitute will be required to take after the Substitution Effective Date in order to remedy each such breach.
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Grounds for Refusing Approval. The Department will only be entitled to withhold its approval to any proposed Substitute that is the subject of a Substitution Notice if: (a) in the Department’s reasonable opinion, the proposed Substitute is not a Qualified Substitute Developer; or (b) subject to Section 6.04, there are outstanding breaches of the Comprehensive Agreement that have been previously notified by the Department to the Collateral Agent and have not, to the reasonable satisfaction of the Department, been remedied or waived prior to the date of the Substitution Notice; unless the Department has approved (such approval not to be unreasonably withheld, conditioned or delayed) a plan specifying (i) the remedial action that the Substitute will be required to take after the Substitution Effective Date in order to remedy each such breach and (ii) with respect to any such breaches that by their nature are incapable of being cured, the action that the Substitute will be required to take after the Substitution Effective Date in order to prevent such breach from occurring in the future.
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Grounds for Refusing Approval. ‌ (a) The Enterprises shall not be entitled to withhold, or (in circumstances where the Enterprises are entitled to withhold approval) make subject to the condition of the provision of additional security or other arrangements, their approval of any proposed Substitute that is the subject of a Substitution Notice, unless: the proposed Substitute is disqualified, suspended or debarred, or subject to a proceeding to suspend or debar it, from bidding, proposing or contracting with any state-level, interstate or Federal Governmental Authority; the proposed substitution is prohibited by statute, law or regulation; after the proposed substitution, the Substitute’s ability to perform its obligations as Developer under the Project Agreement (including through the use of Subcontractors) would be insufficient to ensure performance of such obligations under the Project Agreement, a determination as to which the Enterprises may base upon or take into account (A) the legal capacity, power and authority of the Substitute to become a party to, and perform the obligations of Developer under the Project Agreement and (B) the resources (including committed financial resources), past performance, relevant experience and proposed subcontracting arrangements of the proposed Substitute and, if applicable, of its proposed Subcontractors, in light of the then current performance requirements under the Project Agreement; or subject to Section 7.4, there are outstanding Developer Defaults or breaches of the Project Agreement that have been previously notified by the Enterprises to the Collateral Agent, that either: (A) have not, to the reasonable satisfaction of the Enterprises, been remedied or waived prior to the 30th Calendar Day after the date on which the Enterprises receive the information required pursuant to Section 6.3; or (B) if not so remedied or waived, are not the subject of a plan approved by the Enterprises (such approval not to be unreasonably withheld, conditioned or delayed) specifying:‌ (I) subject to Section 6.2(a)(iv)(B)(II), the remedial action that the Substitute shall take after the Substitution Effective Date in order to remedy each such Developer Default or breach; and (II) with respect to any such Developer Default or breach that is incapable of being cured by the proposed Substitute, the action(s) the Substitute shall take after the Substitution Effective Date in order to mitigate the material adverse effects (if any) of such Developer Default or breach ...
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Grounds for Refusing Approval. The Authority shall only be entitled to withhold its approval to any proposed Substitute that is the subject of a Substitution Notice if: (a) the proposed Substitute is not a Qualified Substitute Developer; or (b) subject to Section 6.04, there are outstanding breaches of the Project Agreement that have been previously notified by the Authority to the Collateral Agent and have not, to the reasonable satisfaction of the Authority, been remedied or waived prior to the date of the Substitution Notice; unless the Authority has approved (such approval not to be unreasonably withheld or delayed) a plan specifying the remedial action that the Substitute will be required to take after the Substitution Effective Date in order to remedy each such breach.
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Grounds for Refusing Approval. T D S S N : ( ) S Q S ; ( ) S D , D , S N ; D ( ) S .
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Grounds for Refusing Approval. The City shall only be entitled to withhold its approval to any proposed Substitute that is the subject of a Substitution Notice if: (a) the proposed Substitute is not a Qualified Substitute Franchisee; or (b) subject to Section 6.04, there are outstanding breaches of the Franchise Agreement that have been previously notified by the City to the Collateral Agent and have not, to the reasonable satisfaction of the City, been remedied or waived prior to the date of the Substitution Notice; unless the City has approved (such approval not to be unreasonably withheld or delayed) a plan specifying the remedial action that the Substitute will be required to take after the Substitution Effective Date in order to remedy each such breach.
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Related to Grounds for Refusing Approval

  • Listing Approval The Shares to be delivered on the Closing Date or any Additional Closing Date, as the case may be, shall have been approved for listing on the Exchange, subject to official notice of issuance. If (i) any of the conditions specified in this Section 5 shall not have been fulfilled when and as provided in this Agreement, or (ii) any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Representative and its counsel, this Agreement and all obligations of the Underwriters hereunder may be cancelled on, or at any time prior to, the Closing Date or any Additional Closing Date, as the case may be, by the Representative. Notice of such cancellation shall be given to the Company in writing or by telephone or facsimile confirmed in writing.

  • Waiver of Notice; Approval of Meeting; Approval of Minutes The transactions of any meeting of Limited Partners, however called and noticed, and whenever held, shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy. Attendance of a Limited Partner at a meeting shall constitute a waiver of notice of the meeting, except when the Limited Partner attends the meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened; and except that attendance at a meeting is not a waiver of any right to disapprove the consideration of matters required to be included in the notice of the meeting, but not so included, if the disapproval is expressly made at the meeting.

  • Application for approval 3.1. The application for approval of a vehicle type with regard to the AEBS shall be submitted by the vehicle manufacturer or by his authorised representative. 3.2. It shall be accompanied by the documents mentioned below in triplicate: 3.2.1. A description of the vehicle type with regard to the items mentioned in paragraph 2.4., together with a documentation package which gives access to the basic design of the AEBS and the means by which it is linked to other vehicle systems or by which it directly controls output variables. The numbers and/or symbols identifying the vehicle type shall be specified. 3.3. A vehicle representative of the vehicle type to be approved shall be submitted to the Technical Service conducting the approval tests.

  • Regulatory Approval 25.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter be filed with the FCC. The Parties believe in good faith and agree that the services to be provided under this Agreement are in the public interest. Each Party covenants and agrees to fully support approval of this Agreement by the Commission or the FCC under Section 252 of the Act without modification.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Required Regulatory Approvals (a) The obligations of each Party under this Agreement are expressly contingent upon (i) each Party receiving all licenses, permits, permissions, certificates, approvals, authorizations, consents, franchises and releases from any local, state, or federal regulatory agency or other governmental agency or authority (which may include, without limitation and as applicable, the NYISO and the PSC) or any other third party that may be required for such Party in connection with the performance of such Party’s obligations under or in connection with this Agreement (the “Required Approvals”), (ii) each Required Approval being granted without the imposition of any modification or condition of the terms of this Agreement or the subject transactions, unless such modification(s) or condition(s) are agreed to by both Parties in their respective sole discretion, and (iii) all applicable appeal periods with respect to the Required Approvals having expired without any appeal having been made or, if such an appeal has been made, a full, final and non-appealable determination having been made regarding same by a court or other administrative body of competent jurisdiction, which determination disposes of or otherwise resolves such appeal (or appeals) to the satisfaction of both Parties in their respective sole discretion. (b) If any application or request is made in connection with seeking any Required Approval and is denied, or is granted in a form, or subject to conditions, that either Party rejects, in its sole discretion, as unacceptable, this Agreement shall terminate as of the date that a Party notifies the other Party of such denial or rejection, in which event the obligations of the Parties under this Agreement shall cease as of such date and this Agreement shall terminate, subject to NYSEG’s obligation to pay National Grid in accordance with the terms of this Agreement (including, without limitation, Section 10.3 above) for all Reimbursable Costs. All of National Grid’s actual costs in connection with seeking Required Approvals shall be included within the meaning of the term Reimbursable Costs and shall be paid for by NYSEG.

  • Settlement Approval The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • MOTION FOR FINAL APPROVAL Not later than 16 court days before the calendared Final Approval Hearing, Plaintiff will file in Court, a motion for final approval of the Settlement that includes a request for approval of the PAGA settlement under Labor Code section 2699, subd. (l), a Proposed Final Approval Order and a proposed Judgment (collectively “Motion for Final Approval”). Plaintiff shall provide drafts of these documents to Defense Counsel not later than seven days prior to filing the Motion for Final Approval. Class Counsel and Defense Counsel will expeditiously meet and confer in person or by telephone, and in good faith, to resolve any disagreements concerning the Motion for Final Approval.

  • FCC Approval Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, neither the Administrative Agent nor any Lender will take any action pursuant to this Agreement or any of the other Loan Documents, which would constitute or result in a change in control of the Borrower or any of its Subsidiaries requiring the prior approval of the FCC without first obtaining such prior approval of the FCC. After the occurrence of an Event of Default, the Borrower shall take or cause to be taken any action which the Administrative Agent may reasonably request in order to obtain from the FCC such approval as may be necessary to enable the Administrative Agent to exercise and enjoy the full rights and benefits granted to the Administrative Agent, for the benefit of the Lenders by this Agreement or any of the other Loan Documents, including, at the Borrower’s cost and expense, the use of the Borrower’s best efforts to assist in obtaining such approval for any action or transaction contemplated by this Agreement or any of the other Loan Documents for which such approval is required by Law.

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