Operating Restrictions. When required by the condition of the Network or any part of the Network, ARTC may (to the extent of such requirement only) give notice of speed and weight restrictions and the Operator will comply with such a notice. ARTC will remove the restriction and inform the Operator of the removal of the restriction once ARTC determines the restriction is no longer necessary.
Operating Restrictions. Borrower shall not:
(a) Indebtedness; Liens. Directly or indirectly create, incur, assume or permit to exist (i) any Indebtedness other than as specifically permitted in Section 9.2, or (ii) any Lien on or with respect to any Collateral, except (A) Liens in favor of Lender securing the Obligations and (B) Permitted Liens. Nothing contained in this Agreement or in any of the other Loan Documents shall limit or impair the right of Borrower’s constituent members or partners to directly or indirectly create, incur, assume or permit to exist any Indebtedness of, or any Lien upon any property of, such member or partner.
Operating Restrictions. APPENDIX 1.1.1
Operating Restrictions. Except as otherwise expressly provided or allowed for in this Agreement, Seller, nor any entity which is a component of Seller, as that term is used herein, shall not, without the prior written approval of Purchaser:
(a) mortgage, pledge, lien, encumber or charge any of the Assets or the Gaming Assets except in the ordinary course of business, but in no event shall Seller encumber the Assets or Gaming Assets for a collective sum in excess of $75,000 without first obtaining Purchaser's consent thereto;
(b) sell or transfer the Real Estate except as provided by Section 2.5 herein.
(c) sell or transfer any of the Personal Property included as part of the Assets or any of the Gaming Assets other than in the ordinary course of business (Purchaser acknowledges and agrees that there is an industry trend to reduce the number of slot machines and agrees and consents that Seller shall be permitted, in its ordinary course of doing business between the Effective Date and the Closing Date, to reduce the number of slot machines located in the Business Premises by not more than thirteen percent (13%) during such time);
(d) cancel or terminate (other than for cause or in the ordinary course of business) any of the Assumed Contracts or, without Purchaser's prior written consent, enter into any new contracts in excess of $25,000.00 which cannot be terminated on thirty (30) days notice without liability to Purchaser (in any event, any such new contract will not have a monthly payment obligation greater than - 66 - $25,000.00 unless Purchaser has approved such contract in writing unless otherwise permitted by this Agreement);
(e) waive any material rights of substantial value which are included as a part of the Assets or the Gaming Assets;
(f) enter into any Advance Bookings affecting periods following the Transfer Time other than in the ordinary course of business;
(g) operate the Businesses other than in the ordinary course of business except in times of, or in response to, emergencies which are not of the Seller's own making;
(h) permanently remove from the Business Premises any material Asset or any material Gaming Asset unless (i) such Asset or Gaming Asset is being replaced in the ordinary course of business, (ii) such removal is at Purchaser's request or is otherwise consented to by Purchaser, or (iii) such removal is required by law;
(i) except as provided for in Schedule 9.2(i), renew or extend any Lease (which Seller is not legally obligated to so renew or extend) o...
Operating Restrictions. All Operating Restrictions associated with the Project are specified in Exhibit D. In providing a Dispatch Notice or Charging Notice, CHGE shall use reasonable efforts to comply with the Operating Restrictions. If CHGE submits a Dispatch Notice or Charging Notice that does not conform with the Operating Restrictions, then Owner shall immediately notify CHGE of the non-conformity and CHGE will modify its Dispatch Notice or Charging Notice to conform to the Operating Restrictions. Until such time as CHGE submits a modified Dispatch Notice or Charging Notice, Owner shall, as applicable, dispatch the Project in accordance with the Operating Restrictions or charge the Project in accordance with the Operating Restrictions, and the Project will not be deemed to be unavailable, but only to the extent the Project was otherwise available but could not be dispatched or charged because of its inability to operate outside of the Operating Restrictions.
Operating Restrictions. The following parameters shall apply to transmissions licensed pursuant to this Agreement:
Operating Restrictions. All Operating Restrictions associated with the Project are specified in Exhibit D. In providing a Dispatch Notice or Charging Notice, RG&E shall use reasonable efforts to comply with the Operating Restrictions. If RG&E submits a Dispatch Notice or Charging Notice that does not conform with the Operating Restrictions, then Owner shall immediately notify RG&E of the non-conformity and RG&E will modify its Dispatch Notice or Charging Notice to conform to the Operating Restrictions. Until such time as RG&E submits a modified Dispatch Notice or Charging Notice, Owner shall, as applicable, dispatch the Project in accordance with the Operating Restrictions or charge the Project in accordance with the Operating Restrictions, and the Project will not be deemed to be unavailable, but only to the extent the Project was otherwise available but could not be dispatched or charged because of its inability to operate outside of the Operating Restrictions.
Operating Restrictions. (a) All Property in the form of cash not otherwise invested shall be deposited in one or more accounts maintained in such financial institutions as the General Partners shall determine or shall be invested in short-term liquid securities or shall be left in escrow and withdrawals shall be made only in the regular course of Partnership business on such signature or signatures as the General Partners may determine from time to time.
(b) The signature of any General Partner shall be necessary and sufficient to convey title to any real property owned by the Partnership or to execute any promissory notes, trust deeds, mortgages, or other instruments of hypothecation, and all of the Partners agree that a copy of this Agreement may be shown to the appropriate parties in order to confirm the same, and further agree that the signature of any General Partner shall be sufficient to execute any "statement of partnership" or other documents necessary to effectuate this or any other provision of this Agreement. All of the Partners do hereby appoint each General Partner as their attorney-in-fact for the execution of any or all of the documents described herein.
Operating Restrictions. The Parties will develop and finalize the Operating Restrictions prior to the Commercial Operation Date, provided that the Operating Restrictions (i) may not be materially more restrictive of the operation of the Facility than as set forth below, unless agreed to by Buyer in writing, (ii) will, at a minimum, include the rules, requirements and procedures set forth in this Exhibit Q, (iii) will include protocols and parameters for Seller’s operation of the Facility in the absence of Charging Notices, Discharging Notices or other similar instructions from Buyer relating to the use of the Facility, and (iv) may include Facility Scheduling, Operating Restrictions and Communications Protocols. Maximum State of Charge (SOC) during Charging: 100% Minimum State of Charge (SOC) during Discharging: 0% Annual Cycles: [365/465] Cycles per Contract Year with no monthly cap Xxxx Xxxxxxxx of Facility: Yes Other Operating Limits: N/A Ancillary Services Capability: Yes [To be provided by Seller] Seller shall donate $____________ to Ava’s Community Investment Fund(“Community Investment Funds”), with fifty percent (50%) due within sixty (60) days after the Effective Date of the ESSA, and fifty percent (50%) due on or before the Guaranteed Construction Start Date. The Community Investment Funds will be utilized by Buyer for community investment activities. [To be provided by Buyer] Seller shall use commercially reasonable efforts to achieve the following workforce objectives related to the construction and operation of the Facility: [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] [To be completed by the Parties.] 1 NTD – The definition of “Contract Year” is based on calendar years, not 12-month periods starting on COD. Contract Year 1 will be COD through December 31, all Contract Years other than the first and last Contract Year will be Jan 1 through December 31, and the last Contract Year will be Jan 1 through midnight of the day prior to the anniversary of the Commercial Operation Date.
Operating Restrictions. (10.1) NIRSA reserves the right to restrict or prohibit exhibits which it considers objectionable because of noise, glaring or flashing lights, method of operation, conflict with existing NIRSA endorsed and/or sponsored programs, misrepresentation or any other reason, and may prohibit or evict any exhibit which, in the opinion of NIRSA, may detract from the general character of the trade show. This reservation includes persons, things, conduct, printed matter or anything XXXXX xxxxx to be objectionable at its sole discretion. In the event of such restriction or eviction, NIRSA is not liable for any refund, damages, lost income or any amount paid hereunder. No display material exposing an unfinished surface to neighboring booths will be permitted. (10.2) Only firms and organizations assigned space in the trade show will be permitted to engage in any activities within the exhibit area.
