Common use of Unsuitable for its Primary Intended Use Clause in Contracts

Unsuitable for its Primary Intended Use. A state or condition of any Facility such that by reason of damage or destruction, or a partial taking by Condemnation, such Facility cannot, following restoration thereof (to the extent commercially practical), be operated on a commercially practicable basis for its Primary Intended Use, taking into account, among other relevant factors, the amount of square footage and the estimated revenue affected by such damage or destruction.

Appears in 18 contracts

Samples: Master Lease (Caesars Entertainment, Inc.), Master Lease (Gaming & Leisure Properties, Inc.), Master Lease (PENN Entertainment, Inc.)

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Unsuitable for its Primary Intended Use. A state or condition of any Facility such that by reason of damage or destruction, or a partial taking by Condemnation, such Facility cannot, following restoration thereof (to the extent commercially practical), not be operated on a commercially practicable basis for its Primary Intended Use, taking into account, among other relevant factors, the number of useable beds, the amount of square footage and the estimated revenue affected by such damage or destruction.

Appears in 5 contracts

Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease (Sun Healthcare Group Inc), Master Lease Agreement (Sun Healthcare Group Inc)

Unsuitable for its Primary Intended Use. A state or condition of any a Facility such that by reason of damage or destruction, or a partial taking by CondemnationPartial Taking, such the Facility cannot, following restoration thereof (to the extent commercially practical), not be operated on a commercially practicable basis for its Primary Intended Use, taking into account, among other relevant factors, the amount number of usable beds permitted by applicable law and regulation in the Facility after the damage or destruction or Partial Taking, the square footage damaged or Taken and the estimated revenue affected by impact of such damage or destructiondestruction or Partial Taking.

Appears in 3 contracts

Samples: Master Lease (Diversicare Healthcare Services, Inc.), Master Lease (Diversicare Healthcare Services, Inc.), Master Lease (Omega Healthcare Investors Inc)

Unsuitable for its Primary Intended Use. A state or condition of any Facility such that by reason of damage or destruction, or a partial taking by Condemnation, such Facility cannot, following restoration thereof (to the extent commercially practical), not be operated on a commercially practicable basis for its Primary Intended Use, taking into account, among other relevant factors, the number of useable beds/units, the amount of square footage and the estimated revenue affected by such damage or destruction.

Appears in 2 contracts

Samples: Master Lease (SHG Services, Inc.), Master Lease (Sabra Health Care REIT, Inc.)

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Unsuitable for its Primary Intended Use. A state or condition of any a Facility such that that, by reason of damage or destruction, or a partial taking by Condemnation, such the Facility cannot, following restoration thereof (to the extent commercially practical), not be operated on a commercially practicable basis for its Primary Intended Use, taking into account, among other relevant factors, the number of usable beds, the amount of square footage and the estimated revenue affected by such damage or destruction.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

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