Going Dark definition

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

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.

Going Dark means intentionally opting out of the public reporting requirements by falling below the statutory shareholder and asset thresholds. See supra notes 55–56 and accompanying text (explaining concept of “going dark”).

Examples of Going Dark in a sentence

• SEC Commissioner Allison Herren Lee, Going Dark: The Growth of Private Markets and the Impact on Investors and the Economy (Oct.

• L.J. 989 (2018); Eric Manpearl, Preventing Going Dark: A Sober Analysis and Reasonable Solution to Preserve Security in the Encryption Debate, 28U.

• Peter Swire and Kenesa Ahmad, CDT Blog, Going Dark or a Golden Age of Surveillance (November 28, 2011), available at https://www.cdt.org/blogs/2811going-dark-versus-golden-age- surveillance (“[W]hile government agencies claim to be worried about ‘going dark’ in the face of technological change, today should be understood as a ‘golden age of surveillance’”).

• Law enforcement is "Going Dark" due toevidence-hiding encryption.

• Video from The Going Dark Debate: Just Security’s Second Anniversary September 21, 2015 As consumers increasingly adopt encryption tools, government officials have warned of the “Going Dark” problem – the notion that widespread encryption will thwart legitimate government efforts to investigate crime and safeguard national security.

• Comey, Director, Federal Bureau of Investigation, Before the Senate Judiciary Committee Hearing on Going Dark: Encryption, Technology, and the Balance Between Public Safety and Privacy (July 8, 2015), available at http://www.judiciary.senate.gov/imo/media/doc/07-08- 15%20Yates%20and%20Comey%20Joint%20Testimony1.pdf.

• No Borrower has paid or declared any dividend, or made any other distribution on account of any class of its ownership interests, or redeemed, purchased or otherwise acquired, directly or indirectly, any ownership interests from any owner having any interest in any Borrower, for tax year 2019 and 2020, except as Borrowers may have disclosed to the Lender in writing and for the Going Dark Transaction.

• Following the expiration of the Baybrook/Coral Ridge Lockout Period, prior to Going Dark at any Baybrook/Coral Ridge Property (a “Baybrook/Coral Ridge Go Dark Event”), Tenant shall give Landlord not less than thirty (30) days’ Notice thereof.

• During the Summit, participants discussed the challenges of Going Dark, and the delicate balance that must be struck between protecting the communities they serve and safeguarding individual privacy rights.

• No Severed Lease shall contain the continuous operation covenant set forth in Section 7.4 or otherwise prohibit the Severed Tenant from Going Dark at the applicable Severed Properties.

More Definitions of Going Dark

Going Dark or "Gone Dark") in the Premises. If Tenant fails ---------- --------- to continuously operate from the Premises for a continuous period of three hundred sixty-five (365) or more days (regardless of whether Tenant has delivered the Go Dark Notice or not), Landlord may terminate this Lease upon written notice to Tenant. For purposes of this Paragraph, "Tenant" shall include any subtenants and assignees approved by Landlord in accordance with this Lease. Landlord's right to terminate this Lease based on Tenant having Gone Dark must be exercised if at all, between the three hundred sixty-fifth (365th) day and the four hundred fifty-fifth (455th) day after Tenant first failed to operate from the Premises after Going Dark. Subject to the provisions contained below, the Lease shall then terminate as of the date set forth in said termination notice, (the "Termination Date") as if said Termination Date were the date ---------------- specified in this Lease for the expiration of this Lease. Such Termination Date shall be not less than sixty (60) days and not more than ninety (90) days from delivery of said notice. All obligations of Landlord and Tenant under this Lease (excluding those that expressly survive expiration hereof), and all rights of any assignees, sublessees, concessionaires and licensees of Tenant, shall expire on the Termination Date and be of no further force and effect. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be considered to have "Gone Dark" and Landlord's right to terminate the Lease pursuant to this Paragraph 8.1.2 shall not --------------- apply to any period of time when (i) Tenant is diligently causing the Premises to be remodeled or (ii) Tenant is unable to or is not obligated to occupy the Premises because of damage to the Premises or a taking as set forth in Paragraphs ---------- 12 and 16, respectively. Moreover, any termination notice --------- received by Tenant shall be rendered null and void if (a) Tenant commences business operations from the Premises in at least seventy-five percent (75%) of the ground floor area thereof at any time between the date Tenant receives a termination notice and the Termination Date, or (b) Tenant obtains a fully executed letter of intent (or similar instrument) between Tenant and a bona fide assignee or sublessee prior to the time Tenant receives termination notice from Landlord, the Lease is assigned or at least seventy-five percent (75%) of the ground floor are...

Going Dark. The Secret Social Lives of Extremisms” where she includes a quote of the Swedish alt-right influencer, Xxxxxx Xxxxxx, who repeatedly referenced the narrow victory of the Green Party over the far-right Freedom Party in Austria due to support from female voters as a wakeup call for the far-right to awaken to the electoral importance of women. In a video titled “The Woman Question,” he told his followers “You might not like that women have the right to vote, but it’s about winning long-term political victory.”17 The type of messages tailor to the characteristically nostalgic, mythic past in which women and men are destined to fulfil biological roles still lingers into the ideology of the far-right movements. Women are seen as fulfillers of their domestic destiny, wives and bearers of the future generation that will fix the declining birth rate and save humanity. Xxxxx Xxxxxx writes that the most common feature which unites extremist (online) communities - from national populists in Europe, pro- Russian separatists in eastern Ukraine to white supremacists in the US and Islamic State supporters in the Middle East and Asia, is a fundamental disrespect for women. Xxxxxx argues that “each of these ideologies, in its own way, propagates strict conceptions about the role of women, undermines their agency and autonomy and—with varying degrees of openness—advocates violence against women who dare to transgress the limits imposed on them”.18

Going Dark. Transaction. No later than one hundred twenty (120) days after the Fifth Amendment Effective Date (or such longer period as the Administrative Agent may permit in its sole discretion), the Parent shall have consummated all transactions, activities or steps necessary to result in the Parent no longer being required to, and, as of such date, the Parent shall no longer be required to, file periodic reports with the SEC under the Securities and Exchange Act of 1934, as amended; provided, however, that any and all costs, expenses, payments or other disbursements of the Loan Parties, whether to stockholders or third parties, in connection with all such transactions, activities or steps shall not exceed $140,000 in the aggregate on or after the Fifth Amendment Effective Date.

Going Dark means that crime victims will be further harmed. Digital data represents the evidence of crimes - to which victims have a right.

Going Dark. In the event the Xxxxxxx Theater ceases to operate (goes dark) for six months or more, and such closure was not the result of a casualty or condemnation, or the result of any other cause outside of Xxxxxxx’ control and Xxxxxxx has no intention to resume operations at the Xxxxxxx Theater, title to and possession of the Theater Unit shall automatically vest in the City (the “City Interest”).

Going Dark. No later than the date that is six (6) months after the Effective Date, Lender shall have received (a) evidence of the completion of the Going Dark Transaction and steps taken to accomplish the same, including but not limited to the Form 25, press release, Form 8-K, website announcement, Form 15 and updated shareholder list; (b) evidence satisfactory to it that all approvals from the board of directors and shareholders of Reliv’ International Inc. have been received with respect to such Borrower’s buyout of a certain number of shareholders in order to allow the delisting such Borrower’s shares from the Nasdaq Stock Exchange and subsequently deregistering such Borrower’s shares under the Securities Exchange Act of 1934, (c) a copy of an issued Presentation of Fairness from Hxxxxxxx Capital to Reliv’ International, Inc. providing, among other things, that, in their opinion, the foregoing buyout is fair, in general, from a financial point of view and a redemption price range between $3.00 and $4.00 is fair to the stockholders from a financial perspective; and (d) a final accounting of the use of the proceeds of the Loan demonstrating it was used for the Approved Purposes, which shall contain such detail and supporting documentation as determined and requested by the Lender.