Restrictions in Facility Service Area Sample Clauses

Restrictions in Facility Service Area. Except as provided in Section 2.6, after the Restriction Date (as herein after defined), none of A-B or any Affiliate of A-B ("A-B Entity") *. No A-B Entity will invest (either directly or indirectly) in a Corn ethanol production facility within the Facility Service Area. If this Agreement is terminated by Producer under Sections 4.2(b) or 4.2(g), the restrictions under this Section 1.5 shall survive for a period of one year from the effective date of termination. If this Agreement is terminated or expires in any other manner other than the preceding sentence, the restrictions under this Section 1.5 shall not survive such termination or expiration. For purposes of this Agreement: (a) the term "Affiliate" means a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the party specified, with "control" or "controlled" meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise; (b) the term "Person" shall mean any individual, general partnership, limited partnership, limited liability company, joint venture, trust, business trust, cooperative, association or other entity of whatever nature. For purposes of this
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Restrictions in Facility Service Area. Except as provided in Section 2.6, after the Restriction Date (as herein after defined), none of A-B or any Affiliate of A-B ("A-B Entity") will * or * within a * radius of the Facility (the "Facility Service Area") for * or * thereof other than *. An A-B Entity may contract for * to be * within the Facility Service Area if: (1) the contract is not with *, and (2) * is not the *, and (3) the Producer is * provided that such * must be promptly * by Producer's general manager or his designee, and any unavailability or failure to * shall be deemed a *. No A-B Entity will invest (either directly or indirectly) in a Corn ethanol production facility within the Facility Service Area. If this Agreement is terminated by Producer under Sections 4.2(b) or 4.2(g), the restrictions under this Section 1.5 shall survive for a period of one year from the effective date of termination. If this Agreement is terminated or expires in any other manner other than the preceding sentence, the restrictions under this Section 1.5 shall not survive such termination or expiration. For purposes of this Agreement: (a) the term "Affiliate" means a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the party specified, with "control" or "controlled" meaning the possession, directly or indirectly, of the power to direct or cause the
Sample 1
Restrictions in Facility Service Area. Except as provided in this Agreement, after the Restriction Date (as hereinafter defined), none of A-B or any Affiliate of A-B ("A-B Entity") will * or * within a * radius of the Facility (the "Facility Service Area") for * or * thereof other than *. An A-B Entity may contract for * to be * within the Facility Service Area if: (1) the contract is not with *, and (2) * is not the *, and (3) the Producer is * provided that such * must be promptly * by Producer's general manager or his designee, and any unavailability or failure to * shall be deemed a *. No A-B Entity will * in a * within the Facility Service Area. If this Agreement is terminated by Producer under Sections 4.2(b) or 4.2(g), the restrictions under this Section 1.5 shall survive for a period of one year from the effective date of termination. For purposes of this Agreement: (a) the term "Affiliate" means a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the party specified, with "control" or "controlled" meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise, provided, that Bunge shall not be deemed an Affiliate of A-B; (b) the term "Person" shall mean any individual, general partnership, limited partnership, limited liability company, joint venture, trust, business trust, cooperative, association or other entity of whatever nature; and (c) the term "Restriction Date" shall mean the date that the Facility first becomes ready for delivery of Corn to the Facility; provided that Producer will notify A-B at least thirty (30) days in advance of such date. * OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Restrictions in Facility Service Area 
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Related to Restrictions in Facility Service Area

  • COMPLIANCE WITH COVENANTS, RESTRICTIONS AND BUILDING CODE Lessor warrants that any improvements (other than those constructed by Lessee or at Lessee's direction) on or in the Premises which have been constructed or installed by Lessor or with Lessor's consent or at Lessor's direction shall comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances in effect on the Commencement Date. Lessor further warrants to Lessee that Lessor has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable building codes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Said warranties shall not apply to any Alterations or Utility Installations (defined in Paragraph 7.3(a)) made or to be made by Lessee. If the Premises do not comply with said warranties, Lessor shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee given within six (6) months following the Commencement Date and setting forth with specificity the nature and extent of such non-compliance, take such action, at Lessor's expense, as may be reasonable or appropriate to rectify the non-compliance. Lessor makes no warranty that the Permitted Use in Paragraph 1.8 is permitted for the Premises under Applicable Laws (as defined in Paragraph 2.4).

  • Restriction on Use, Etc During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable Laws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto (collectively, “Environmental Notice”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Laws and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

  • Restrictions on Business There shall be no restrictions on the business which Amalco is authorized to carry on.

  • Restrictions and Conditions (a) Any book entries for the shares of Restricted Stock granted herein shall bear an appropriate legend, as determined by the Administrator in its sole discretion, to the effect that such shares are subject to restrictions as set forth herein and in the Plan.

  • Business Locations Set forth on Schedule 6.20(a) is a list of all Real Properties located in the United States that are owned or leased by the Loan Parties as of the Closing Date. Set forth on Schedule 6.20(b) is a list of all locations where any tangible personal property of a Loan Party is located as of the Closing Date. Set forth on Schedule 6.20(c) is the chief executive office, jurisdiction of incorporation or formation and principal place of business of each Loan Party as of the Closing Date.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

  • Restrictions on Business Activities There is no agreement, commitment, judgment, injunction, order or decree binding upon the Company or any Company Subsidiary or to which the Company or any Company Subsidiary is a party which has or would reasonably be expected to have the effect of prohibiting or materially impairing any business practice material to the Company or any Company Subsidiary, any acquisition of property by the Company or any Company Subsidiary or the conduct of business by the Company or any Company Subsidiary as currently conducted.

  • Changes in Locations, Name, etc Such Grantor shall not, except upon 30 days’ prior written notice to the Administrative Agent and delivery to the Administrative Agent of (a) all additional financing statements and other documents reasonably requested by the Administrative Agent as to the validity, perfection and priority of the security interests provided for herein and (b) if applicable, a written supplement to Schedule 4 showing any additional location at which Inventory or Equipment shall be kept:

  • Covenants, Conditions and Restrictions This Lease is subject to the effect of (i) any covenants, conditions, restrictions, easements, mortgages or deeds of trust, ground leases, rights of way of record and any other matters or documents of record; and (ii) any zoning laws of the city, county and state where the Building is situated (collectively referred to herein as "Restrictions") and Tenant will conform to and will not violate the terms of any such Restrictions.

  • Use Restrictions (a) Company will not do or attempt to do, and Company will not permit any other person or entity to do or attempt to do, any of the following, directly or indirectly:

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