Goes Dark definition

Goes Dark and “Gone Dark” shall have the correlative meanings.

Goes Dark. “Go Dark”, “Going Dark” or “Gone Dark” shall mean that a Tenant has vacated, surrendered or ceased to conduct its normal business operations at substantially all of its premises demised under such Lease or has otherwise “gone dark” at such premises or has notified Borrower that it intends to vacate, surrender or cease to conduct its normal business operations at substantially all of its demised premises or otherwise “go dark”. Temporary cessation of normal business operations for a commercially reasonable period of time in the ordinary course of business, or during renovations or during renovation following a casualty, or for purposes of inventory shall not constitute Going Dark.

Goes Dark means with respect to any tenant, that the relevant tenant ceases to continuously occupy and operate is business at its premises on the Property in a manner similar to which it operates its business as of the date that such tenant opens for business at the Property.

Examples of Goes Dark in a sentence

• Provided no Event of Default is then continuing, Lender shall disburse to Borrower the amounts on deposit in the Free Rent Reserve Account in connection with satisfying a CPC Bankruptcy Trigger Event Cure or a CPC Goes Dark Trigger Event Cure, on each Payment Date for each month of free or gap rent deposited based on the corresponding month to which such free or gap rent applies.

• The date on which Tenant Goes Dark shall be the “Going Dark Effective Date”.

• At Borrower’s election, in its sole discretion, Borrower may deposit into the Rollover Reserve Account an amount equal to all or any portion of any outstanding TILC Obligations due from Borrower in connection with satisfying a CPC Bankruptcy Trigger Event Cure or a CPC Goes Dark Trigger Event.

• At Borrower’s election, in its sole discretion, Borrower may deposit into an Eligible Account held by Lender or Servicer (the “Free Rent Reserve Account”) an amount equal to all or any portion of any free or gap rent in connection with satisfying a CPC Bankruptcy Trigger Event Cure or a CPC Goes Dark Trigger Event Cure.

• If Tenant Goes Dark, Tenant shall maintain a security alarm for the Premises with a reputable company approved by Landlord, sufficient to notify the police or fire officials in the event of an emergency; maintain the temperature within the Premises at 45º degrees Fahrenheit or higher in order to prevent any damage to the Premises due to freezing temperatures; and comply with all other terms and conditions of the Lease.

• Borrower shall deliver to Lender written notice of (i) any Tenant event of default (after expiration of any notice and cure periods) under a Major Lease promptly following Borrower obtaining actual knowledge of the same and (ii) the occurrence of any CPC Bankruptcy Trigger Event or CPC Goes Dark Trigger Event promptly following Borrower obtaining actual knowledge of the same.

• If the Other Building Space Goes Dark and remains Dark for more than six (6) consecutive months during the first lease year of each option period under Paragraph 2.2, unless Landlord has executed a ------------- letter of intent with another tenant(s) for the Other Building Space, Tenant shall have the right to terminate this Lease upon ninety (90) days' written notice given within thirty (30) days of the expiration of such six-month period.

More Definitions of Goes Dark

Goes Dark shall have the correlative meanings.

Goes Dark means that a Belpre V Occupant (as defined below) has not been in occupancy of, or has not been open for business in, all or a material portion of the Belpre V Premises for more than five (5) consecutive Business Days, subject to Force Majeure (for a period of no more than thirty (30) consecutive days) and excluding any periods during which construction or repair work is being performed at or on the Belpre V Premises in accordance with the Belpre V Lease. For the avoidance of doubt, the location of equipment, furniture, inventory or other personal property in the Belpre V Premises is not, in and of itself, sufficient to establish that such Belpre V Occupant is in occupancy of, or operating in, such leased space. For purposes hereof, the term “Belpre V Occupant” means (i) Belpre V and/or (ii) one or more subtenants of Belpre V (as long as Belpre V continues to be directly liable to Borrower for the performance of Belpre V’s obligations under the Belpre V Lease).