RESTRICTIONS ON GAMING FACILITIES ON RETAINED PROPERTY Sample Clauses

RESTRICTIONS ON GAMING FACILITIES ON RETAINED PROPERTY. Transferor agrees that neither Transferor, nor any of its principals (including, without limitation, Xxxxx Xxxxxxxx and Xxxxx Xxxxxxx), nor any of its or their respective Subsidiaries and Affiliates, shall, for a period of twenty (20) years after the Closing, (a) build, own or operate a Class III gaming facility located on the Retained Property, or (b) build, own or operate a hotel located on the Retained Property that is a competitor of a hotel developed on the Concord Owned Property, provided that Transferor or its Subsidiaries or Affiliates may build, own or operate a boutique luxury hotel on the Retained Property (the parties hereby agreeing that a boutique luxury hotel, which, for purposes of this Agreement, shall mean a four star (or higher quality) hotel consisting of 300 rooms or less, will be deemed not to be a competitor of a hotel developed on the Concord Owned Property). Transferor shall file a restrictive covenant (the "RESTRICTIVE COVENANT") of record that shall run with the land and be binding upon any and all grantees, mortgagees and tenants of the Retained Property (or any portion thereof) and/or successors and assigns of Concord Associates) stating that (i) the right of the owner of the Retained Property or any portion thereof to obtain public utilities for the benefit of any Class III gaming facility which may be constructed on such property shall be subordinated to the utility requirements of the Resort Facility located or to be located on the Concord Hotel Site, and (ii) the owner of any such property shall not take any action with respect to such property that is reasonably likely to materially adversely affect or materially impair the Requisite Approvals for the Resort Facility which is proposed to be constructed on the Concord Hotel Site. Other than as set forth in this Agreement, Transferor's actions with respect to the Retained Property shall not be limited or restricted pursuant to this Agreement. The provisions of this Section 5.6 shall survive the Closing.
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Related to RESTRICTIONS ON GAMING FACILITIES ON RETAINED PROPERTY

  • Restrictions on Activities of the Trust Notwithstanding any other provision of this Agreement and any provision of law that otherwise so empowers the Trust, so long as any Certificates are outstanding, the Trust shall not, and none of the Trustee, the Delaware Trustee, the Company or the Servicer shall knowingly cause the Trust to, do any of the following:

  • Limitation on Restrictions on Distributions from Restricted Subsidiaries (a) The Company will not, and will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:

  • Restrictions on Investments The Borrower will not, and will not permit any of its Subsidiaries to, make or permit to exist or to remain outstanding any Investment except Investments in:

  • Restrictions on Owners' Power The Owners shall not direct the Owner Trustee to take or to refrain from taking any action if such action or inaction would be contrary to any obligation of the Issuer or the Owner Trustee under this Agreement or any of the other Basic Documents or would be contrary to the purpose of the Issuer as set forth in Section 2.03, nor shall the Owner Trustee be obligated to follow any such direction, if given.

  • Restrictions on General Partner’s Authority A. The General Partner may not take any action in contravention of this Agreement, including, without limitation:

  • Restrictions on Use Licensee is not permitted to make any use of the Licensed Marks in connection with products or services other than the Sprint PCS Products and Services, and as specifically authorized in Sections 1.1(b) above with respect to Related Equipment and Premium and Promotional Items, nor to make any use of the Licensed Marks directed outside of the Service Area.

  • Restrictions on Interfering I acknowledge and agree that the covenants contained in this Section 5 are in addition to, and not in lieu of, any similar restrictions that may exist in the Operating Agreement (as defined in the Employment Agreement), and to the extent I am a party to such Operating Agreement, the Company may elect to enforce the covenants contained therein without limiting the Company’s rights to enforce the covenants contained herein.

  • Limitation on Restrictions on Subsidiary Distributions Enter into or suffer to exist or become effective any consensual encumbrance or restriction on the ability of any Class I Restricted Subsidiary (or, in the case of clause (a) only, any Class II Restricted Subsidiary of the Borrower) to (a) make Restricted Payments in respect of any Capital Stock of such Subsidiary held by, or pay any Indebtedness owed to, the Borrower or any Class I Restricted Subsidiary, (b) make Investments in the Borrower or any other Class I Restricted Subsidiary or (c) transfer any of its assets to the Borrower or any other Class I Restricted Subsidiary, except for such encumbrances or restrictions existing under or by reason of (i) any restrictions existing under the Loan Documents, (ii) any restrictions with respect to a Restricted Subsidiary imposed pursuant to an agreement that has been entered into in connection with the Disposition of all or substantially all of the Capital Stock or assets of such Subsidiary pending such Disposition and (iii) agreements, instruments and documents of the types described in clauses (b) through (l) of Section 7.12 (provided, that, in the case of any such type that is limited to certain assets (including Capital Stock) or Persons, the permission in this clause (iii) shall also be limited to such assets or Persons after giving effect to the final sentence of Section 7.12) and negotiated in good faith and not with the purpose of avoiding the restrictions of this Section. Notwithstanding any of the foregoing, the ability of any Class II Restricted Subsidiary to make Restricted Payments may be subject to encumbrances and restrictions imposed by agreements or instruments relating to any Non-Recourse Debt of such Class II Restricted Subsidiary.

  • Restrictions on Dispositions Shareholder agrees that, from and after the date of this Agreement and through the Effective Time, he or she will not take any action that will alter or affect in any way the right to vote the Shares, except (i) with the prior written consent of Bancorp or (ii) to change such right from that of a shared right of Shareholder to vote the Shares to a sole right of Shareholder to vote the Shares.

  • Restrictions on Tenant Tenant shall operate its business and maintain the Leased Premises in compliance with all Environmental Laws. Tenant shall not cause or permit the use, generation, release, manufacture, refining, production, processing, storage or disposal of any Hazardous Substances on, under or about the Leased Premises, or the transportation to or from the Leased Premises of any Hazardous Substances, except as necessary and appropriate for its Permitted Use in which case the use, storage or disposal of such Hazardous Substances shall be performed in compliance with the Environmental Laws and the highest standards prevailing in the industry.

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