Operations Agreements Sample Clauses
Operations Agreements. Each Operations Agreement is in full force and effect and neither Borrower nor, to the best of Borrower’s knowledge, any other party to any such Operations Agreement, is in default thereunder, and to the best of Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder.
Operations Agreements. Borrower shall not, without the prior written consent of Lender, modify any of the Operations Agreements.
Operations Agreements. To Borrower’s Knowledge, (i) each Operations Agreement is in full force and effect, (ii) Borrower is not in default thereunder, and, (iii) there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder.
Operations Agreements. (a) Each Operations Agreement is in full force and effect and neither Borrower nor, to Borrower’s knowledge, any other party to any Operations Agreement, is in default thereunder, and to the best of Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder. Except as described herein, none of the REAs and/or the PILOT Documents has been modified, amended or supplemented.
(i) The PILOT Agreement requires that, in order to receive the full tax abatement described more particularly therein, inter alia, Borrower and/or PUREGraphite Tenant must satisfy the Minimum Jobs Requirement (as defined in the PILOT Agreement) and the Minimum Investment Requirement (as defined in the PILOT Agreement) by the end of the Five Year Period (as defined in the PILOT Agreement) and throughout the remainder of the 10-year Tax Abatement Period (as defined in the PILOT Agreement) thereunder.
(ii) The Minimum Jobs Requirement equals two hundred forty (240) full-time jobs with an average annual wage of note less than $42,000 per year. (iii) The Minimum Investment Requirement equals $120,000,000.00. (iv) Although the PILOT Agreement permits the Minimum Jobs Requirement and the Minimum Investment Requirement to be satisfied (in whole or in part) with reference to certain jobs and/or capital expenditures made at other facilities owned by PUREGraphite within the City of Chattanooga, Tennessee, Borrower anticipates that the Minimum Jobs Requirement and the Minimum Investment Requirement will be satisfied solely in connection with the Property. (v) If the Minimum Jobs Requirement and/or the Minimum Investment Requirement are not satisfied during the Term (as defined in the PILOT Agreement), including, without limitation, as the result of any cessation of operations at the property, then (A) Borrower would not be liable with respect to any increased taxes as a result of such failure with respect to any personal property and/or equipment owned and/or leased by PUREGraphite Tenant, and (B) Borrower would not be liable for any repayment of previously abated amounts with respect to any personal property and/or equipment owned and/or leased by PUREGraphite Tenant.
Operations Agreements. On or prior to the Closing Date (or as otherwise specified on Exhibit 4.2 attached hereto), Seller and Buyer shall enter into the operations, transmission, power marketing and other agreements (collectively, the "Operations Agreements") listed on Exhibit 4.2 hereto.
Operations Agreements. Each Operations Agreement is in full force and effect and neither Borrower nor, to Borrower’s knowledge, any other party to any Operations Agreement, is in default thereunder (provided, however, with respect to the Declaration, the “other party” thereto applies solely to the condominium associations governing each such Individual Property other than with respect to the Xxxxxx Shops Declaration, in which case, it also means the Market Owner (as defined therein)), and to Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder.
Operations Agreements. SCHEDULE 1.33 contains a true, complete and accurate list of all Operations Agreements used in or held for the Business. Seller has delivered or caused to be delivered to Buyer true, complete and accurate copies of all such documents and all such documents are valid, binding and enforceable according to their terms and no party is currently in default thereunder.
Operations Agreements. Schedule 6.10 contains a true, complete and accurate list of all Operations Agreements used in or held for the Business. Seller has delivered or caused to be delivered to Buyer true, complete and accurate copies of all Operations Agreements, and all Operations Agreement are enforceable according to their terms. Each of the Operations Agreements listed on Schedule 6.10 is in full force and effect and is unimpaired by any breach of the Seller that would give any other party thereto the right to terminate such Operations Agreement or receive damages from the Buyer after the Closing Date (except for breaches that, individually or in the aggregate, would not have a Material Adverse Effect). To the knowledge of the Seller, no other party to any of the Operations Agreements is in material default of its obligations under such Operations Agreement. All Operations Agreements have been entered into in the ordinary course of business at Sellers' usual and customary rates or practice.
Operations Agreements. All rights to and interests in Operations Agreements;
Operations Agreements the REA, and any other covenants, restrictions, easements, declarations or agreements of record relating to the construction, operation or use of a Property, together with all amendments, modifications or supplements thereto.