Selection of Operator Sample Clauses

Selection of Operator. ExxonMobil may elect to poll the parties to applicable joint operating agreements or plans of unitization before Closing to select a successor Operator. The poll may stipulate that ExxonMobil will not resign as Operator unless Closing occurs. ExxonMobil may resign as Operator under applicable regulations if Buyer does not diligently pursue its designation as Operator of the Interests that it will operate. If ExxonMobil does not poll, then it will be Buyer’s responsibility to do so immediately after Closing. Buyer’s selection as Operator, whether under a joint operating or similar agreement or pursuant to applicable regulations, is not a condition of Buyer’s performance under this Agreement.
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Selection of Operator. Seller will cooperate with Buyer concerning the polling of parties under any applicable operating agreement or plan of unitization before Closing to select a successor operator. The poll may stipulate that the parties’ selection of a successor operator will not be effective unless Closing occurs. If Seller does not poll, then Buyer will do so. Buyer’s selection as operator is not a condition to Buyer’s performance of its obligations under this Agreement. Seller makes no representation that Buyer will be elected or appointed operator of any property included within the Properties.
Sample 1See All (4)
Selection of Operator. If requested by Buyer, Seller will poll the parties to applicable joint operating agreements or plans of unitization before the Closing to select a successor Operator and will recommend and shall vote in favor of the selection of Buyer as successor Operator (to the extent authorized under the applicable joint operating agreement or plan of unitization). The form of such poll must be approved by Buyer. The poll may stipulate that Seller will not resign as Operator unless and until the Closing occurs. Regardless of whether a successor Operator has been selected, at the Closing, Seller may resign as Operator under all applicable joint operating or similar agreements. Buyer’s selection as Operator, whether under a joint operating or similar agreement or pursuant to applicable laws and regulations, is not a condition of Buyer’s performance under this Agreement.
Sample 1Sample 2
Selection of Operator. Upon execution of this Agreement, XTO Energy or Buyer may poll the parties to applicable joint operating agreements or plans of unitization before Closing to select a successor Operator. The poll may stipulate that XTO Energy will not resign as Operator unless Closing occurs. XTO Energy may resign as Operator under applicable regulations if Buyer does not diligently pursue its designation as Operator of the Interests that it will operate. If any such polling commenced by XTO Energy or Buyer is not completed by Closing, then it will be Buyer’s responsibility to complete such polling immediately after Closing. Buyer’s selection as Operator, whether under a joint operating or similar agreement or pursuant to applicable regulations, is not a condition of Buyer’s performance under this Agreement.
Sample 1Sample 2
Selection of Operator. Before opening its first Bakery and throughout the term of this Agreement, Developer shall employ an individual who shall be responsible for the operations of all Bakeries developed pursuant to this Agreement (the "Operator"). Developer may not hire an individual as Operator without first obtaining Franchisor's written approval, which approval Franchisor shall not unreasonably withhold. Franchisor may reject any proposed Operator who does not have significant prior experience in the multi-unit restaurant business.
Sample 1
Selection of Operator. As set forth above, Xxxx has identified Wind Creek, an experienced gaming operator, as the licensee and to oversee actual gaming operations at the Site and the Villages hereby approve Wind Creek Hospitality.
Sample 1
Selection of Operator. 56 14.06. Change of Operator.............................................. 56 14.07. Change of Operator Documentation................................ 57 14.08. Reassignment of Title to Stock.................................. 57 14.09. Removal of Signs................................................ 57 ARTICLE 15.
Sample 1
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Selection of Operator. Aera may elect to poll the Other WI Owners under the Unit Operating Agreement, the Second Unit Operating Agreement or Unit Agreement before the Closing to select a successor Operator of the Beta Unit. The poll may require that Aera will not resign as Operator unless the Closing occurs. Aera may resign as Operator under Applicable Law if Buyer does not diligently pursue its designation as Operator of the Beta Unit that it will operate. If Aera does not poll such parties prior to the Closing, then Buyer shall do so immediately after the Closing. Buyer's selection as Operator, whether under the Unit Operating Agreement, the Second Unit Operating Agreement or Unit Agreement or pursuant to Applicable Law, is not a condition of Buyer's performance under this Agreement.
Sample 1
Selection of Operator 
Sample 1

Related to Selection of Operator

  • Resignation of Operator Subject to Article 4.11, Operator may resign as Operator at any time by so notifying the other Parties at least one hundred and twenty (120) Days prior to the effective date of such resignation.

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Statement of Operations d. Statement of Changes in Net Assets.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

  • Hours of Operation Tenant will carry on its business diligently and continuously in the Premises and will keep the Premises open for business not less than sixteen (16) consecutive hours each day seven (7) days per week, including holidays. Director or his/her representative may, from time to time, change such required hours of operation, in which event, Tenant will remain open during such revised hours. Similarly, Tenant may, from time to time, request to revise its hours of operation. Such change must be approved by Director or his/her representative, in writing, prior to its occurrence. Tenant may not, at any time, vacate or abandon the Premises.

  • Maintenance of Operations The Company shall maintain operations at the Project for a minimum of ten (10) years beginning on the date the Project is Placed in Service. In addition to any other rights the Department may have under the terms of this Agreement, in the event that the Company discontinues of operations at the Project, such discontinuation may subject the Company to certain statutory provisions, including:

  • Continuity of Operations (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Description of Accounting Services on a Continuous Basis PFPC will perform the following accounting services with respect to each Portfolio:

  • Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.

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