Adequate Utilities Clause Samples

The Adequate Utilities clause requires that the premises or property involved in an agreement are supplied with sufficient essential services, such as water, electricity, gas, and sewage. In practice, this means the landlord or property owner must ensure these utilities are available and functioning at levels necessary for the intended use of the property, whether for residential or commercial purposes. This clause helps prevent disputes by clearly assigning responsibility for providing basic services, ensuring the property remains habitable or operational throughout the lease or contract term.
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Adequate Utilities. The Property is adequately served by all utilities required for the current or contemplated use thereof. All water and sewer systems are provided to the Property by public utilities, and the Property has accepted or is equipped to accept such utility services.
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Adequate Utilities. 23 8.14 Public Access..................................................................................23 8.15 Boundaries.....................................................................................24 8.16 Mechanic Liens.................................................................................24 8.17 Assessments....................................................................................24 8.18 Insurance......................................................................................24 8.19 Leases.........................................................................................24 8.20
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Adequate Utilities. 86 5.27. Public Access.................................................. 86 5.28. Boundaries..................................................... 86 5.29. Assessments.................................................... 87 5.30. Leases......................................................... 87 5.31. Anti-Terrorism Laws............................................ 87
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Adequate Utilities. The related Mortgaged Property is served by public utilities, water and sewer (or septic facilities) and otherwise appropriate for the use in which the Mortgaged Property is currently being utilized.
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Adequate Utilities. To each Borrower’s knowledge, the Mortgaged Property is adequately served by all utilities reasonably required for the current or contemplated use thereof. All water and sewer systems are provided to each Mortgaged Property by public utilities, and the Mortgaged Property has accepted or is equipped to accept such utility services.
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Adequate Utilities. 29 8.14. Public Access...................................................................... 29 8.15. Boundaries......................................................................... 29 8.16. Mechanic Liens..................................................................... 29 8.17. Assessments........................................................................ 29 8.18. Insurance.......................................................................... 29 8.19. Leases............................................................................. 29 8.20. Management Agreement............................................................... 30 8.21. Financial Condition................................................................ 30 8.22. Taxes.............................................................................. 30 8.23. No Foreign Person.................................................................. 30 8.24. Federal Regulations................................................................ 30 8.25. Investment Company Act; Other Regulations.......................................... 30 8.26. ERISA.............................................................................. 30 8.27. No Illegal Activity as Source of Funds............................................. 31 8.28. Compliance with Anti-Terrorism, Embargo, Sanctions and Anti-Money Laundering Laws.. 31 8.29. Brokers and Financial Advisors..................................................... 31 8.30. Complete Disclosure; No Change in Facts or Circumstances........................... 31 8.31. Survival........................................................................... 31 8.32. Memorandum of Lease................................................................ 31 8.33. No Senior Liens.................................................................... 31 LOAN NUMBER: 41655
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Adequate Utilities. 15 (h) Permits........................................................ 15 (i) Good Standing; Binding Documents............................... 15 (j)
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Adequate Utilities. Except as set forth on Part 3.25 of the Disclosure Schedule, all the utilities used by the Acquired Companies, including, without limitation, water, electricity, sewage, waste water and gas services, are of sufficient quality and quantity for the Acquired Companies to operate in the Ordinary Course of Business. The Acquired Companies current use of such utilities does not exceed the amount permitted or approved by the provider; since January 1, 2003, inadequate utilities or poor utility service have never been a cause of any stoppage or delays in the operations of the Business; and the Acquired Companies have not received notice since January 1, 2003 from any provider of utilities and have no Knowledge of any matter that may adversely affect the continued and uninterrupted service of utilities to the Acquired Companies in an amount and manner sufficient to conduct the Business in the Ordinary Course of Business.
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Adequate Utilities. To the best of Seller's knowledge, all water, sewer, gas, electric, telephone, and drainage facilities and all other utilities required by law for the present use and operation of the Property are installed to the boundary lines of the Real Property pursuant to valid easements or other rights, and are connected pursuant to valid permits, and Seller has received no notice from Tenants that such facilities are inadequate to service the Property.
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Related to Adequate Utilities

  • Adequate Information Such Company Stockholder is a sophisticated stockholder and has adequate information concerning the business and financial condition of Acquiror and the Company to make an informed decision regarding this Agreement and the transactions contemplated by the Merger Agreement and has independently and without reliance upon Acquiror or the Company and based on such information as such Company Stockholder has deemed appropriate, made its own analysis and decision to enter into this Agreement. Such Company Stockholder acknowledges that Acquiror and the Company have not made and do not make any representation or warranty, whether express or implied, of any kind or character except as expressly set forth in this Agreement. Such Company Stockholder acknowledges that the agreements contained herein with respect to the Subject Shares held by such Company Stockholder are irrevocable.

  • Adequate Assurances If the Parties have so agreed in Part XI of the Schedule, the failure by a Party to give adequate assurances of its ability to perform any of its obligations under the Agreement within two (2) Business Days of a written request to do so when the other Party has reasonable grounds for insecurity shall be an Event of Default under the Agreement.

  • Adequate Assurance (a) If, in the Service Providers' reasonable opinion, one or more events have occurred that have caused or will cause a material adverse change in the Shipper's financial standing or creditworthiness (or, if the Shipper's net financial obligations under this document have been fully guaranteed or otherwise secured, one or more events have occurred that in the Service Providers' reasonable opinion have caused or will cause a material adverse change in the financial standing or creditworthiness of the guarantor or other party providing such security (each a Guarantor)) in a matter and to an extent that materially and adversely affects the Shipper's ability to perform its financial or other obligations under this document, the Service Providers may request in writing that the Shipper provide the Service Providers with one of the following (at the Service Providers’ option): (i) an irrevocable and unconditional bank guarantee; (A) in a form approved by the Service Providers; (B) issued by a financial institution approved by the Service Providers; (C) with a term expiring on a date determined by the Service Providers in their sole discretion; and (D) having a face value equivalent to the Shipper's net financial obligations under this document; (ii) cash in an amount equivalent to the Shipper's net financial obligations under this document; (iii) an irrevocable guarantee of the Shipper's financial performance under this document issued by an entity acceptable to the Service Providers and in a form and substance reasonable satisfactory to the Service Providers; (iv) a satisfactory irrevocable letter of credit in an amount equivalent to the Shipper's net financial obligations under this document, which letter of credit must be issued by a financial institution with a long term senior unsecured debt rating of at least A- by Standard & Poors, A3 by ▇▇▇▇▇'▇ or B from Fitch ICBA (each a Letter of Credit Collateral); or (v) other arrangements satisfactory to the Service Providers; (each, an Adequate Assurance). (b) If the Shipper does not provide the Service Providers with Adequate Assurance within 7 Days of the Service Providers' request, the Service Providers may suspend the performance of any and all of their obligations under this document until the Shipper has provided the requested Adequate Assurance.

  • Adequate Information; No Reliance The Undersigned acknowledges and agrees on behalf of itself and each Holder that (a) the Undersigned has been furnished with all materials it considers relevant to making an investment decision to enter into the Transactions and has had the opportunity to review (and has carefully reviewed) the Company’s filings and submissions with the SEC, including, without limitation, all information filed or furnished pursuant to the Exchange Act, (b) the Undersigned has had a full opportunity to ask questions of and receive answers from the Company or any person or persons acting on behalf of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects and the terms and conditions of the Transactions, (c) the Undersigned and each Holder has had the opportunity to consult with their respective accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions and to make an informed investment decision with respect to such Transactions, (d) each Holder has evaluated the tax and other consequences of the Transactions and ownership of the Exchange Shares with its tax, accounting, financial and legal advisors to be able to evaluate the risks involved in the transactions contemplated by this Agreement and to make an informed investment decision with respect to the Transactions, including, without limitation, whether the exchange contemplated hereby will result in any adverse tax consequences to the such Holder, (e) neither the Company nor the Financial Advisor is acting as a fiduciary or financial or investment advisor to the Undersigned or any Holder, (f) neither the Undersigned nor any Holder is relying, and none of them has relied, upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its Affiliates or representatives including, without limitation, the Financial Advisor, except for the representations and warranties expressly made by the Company in Article III, (g) neither the Financial Advisor nor any of its affiliates or any of its control persons, officers, directors or employees shall be liable to the Holders in connection with the Transactions and (h) each Holder had a sufficient amount of time to consider whether to participate in the Transactions and that neither the Company nor the Financial Advisor has placed any pressure on such Holder to respond to the opportunity to participate in the Transactions. Each of the Undersigned and each Holder is able to fend for itself in the Transactions; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Exchange Shares; has the ability to bear the economic risks of its prospective investment and can afford the complete loss of such investment; acknowledges that investment in the Exchange Shares involves a high degree of risk; has, independently and without reliance upon the Company or the Financial Advisor, made its own analysis and decision to participate in the exchange contemplated hereby on the terms and conditions set forth in this Agreement; and was given a meaningful opportunity to negotiate the terms of the Transactions.

  • Adequate Protection Each Second-Priority Agent, on behalf of itself and each applicable Second-Priority Secured Party, agrees that none of them shall contest (or support any other Person contesting) (a) any request by the Intercreditor Agent or the Senior Lenders for adequate protection or (b) any objection by the Intercreditor Agent or the Senior Lenders to any motion, relief, action or proceeding based on the Intercreditor Agent’s or the Senior Lenders’ claiming a lack of adequate protection. Notwithstanding the foregoing, in any Insolvency or Liquidation Proceeding, (i) if the Senior Lenders (or any subset thereof) are granted adequate protection in the form of additional collateral in connection with any DIP Financing or use of cash collateral under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law, then each Second-Priority Agent, on behalf of itself and any applicable Second-Priority Secured Party, may seek or request adequate protection in the form of a replacement Lien on such additional collateral, which Lien is subordinated to the Liens securing the Senior Lender Claims and such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Second-Priority Claims are so subordinated to the Liens securing Senior Lender Claims under this Agreement and (ii) in the event any Second-Priority Agent, on behalf of itself or any applicable Second-Priority Secured Party, seeks or requests adequate protection and such adequate protection is granted in the form of additional collateral, then such Second-Priority Agent, on behalf of itself or each such Second-Priority Secured Party, agrees that the Senior-Priority Agents shall also be granted a senior Lien on such additional collateral as security for the applicable Senior Lender Claims and any such DIP Financing and that any Lien on such additional collateral securing the Second-Priority Claims shall be subordinated to the Liens on such collateral securing the Senior Lender Claims and any such DIP Financing (and all Obligations relating thereto) and any other Liens granted to the Senior Lenders as adequate protection on the same basis as the other Liens securing the Second-Priority Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement.