Common use of Financing Events Clause in Contracts

Financing Events. Concessionaire may, with the prior written consent of Director, which shall not be unreasonably withheld, and subject to any specific conditions which may be imposed by Director, consummate one or more Financing Event(s) (as defined below). Concessionaire shall submit to Director a complete set of all proposed transaction documents in connection with each proposed Financing Event. Director shall have ninety (90) days in which to grant or withhold approval of the Financing Event. If not approved in writing within such ninety (90) day period, the proposed Financing Event shall be deemed disapproved by Director. Concessionaire shall further reimburse County for County's Actual Cost incurred in connection with its review of the proposed Financing Event, including without limitation the costs of in-house counsel, outside counsel and third party consultants. For the purposes of this Agreement, including without limitation the provisions of Sections 4.6 through 4.8 hereof, a "Financing Event" shall mean any financing or refinancing consummated by Concessionaire, whether with private or institutional investors or lenders, where such financing or refinancing is (a) an Encumbrance (as defined below) or (b) has been underwritten based upon, or is intended to be repaid from, the proceeds of Concessionaire's operation of the Premises or the sale, assignment or transfer of Concessionaire's interest as provided herein.

Appears in 1 contract

Sources: Concession Agreement (California Beach Restaurants Inc)

Financing Events. Concessionaire may, with the prior written consent of Director, which shall not be unreasonably withheld, and subject to any specific conditions which may be imposed by Director, consummate one or more Financing Event(s) (as defined described below). Concessionaire shall submit to Director a complete set of all proposed transaction documents in connection with each proposed Financing Event. Director shall have ninety (90) days in which to grant or withhold approval of the Financing EventEven. If not approved in writing within such ninety (90) day period, the proposed Financing Event shall be deemed disapproved by Director. Concessionaire shall further reimburse County for County's ’s Actual Cost Costs incurred in connection with its review of the proposed Financing Event, including without limitation the costs of in-house counsel, outside counsel and third party consultants. For the purposes of this AgreementContract, including without limitation the provisions of Sections 4.6 4.7. (Change of Ownership, Financing Events) through 4.8 hereof4.9. (Net Proceeds Share) thereof, a "Financing Event" shall mean any financing or refinancing consummated by Concessionaire, whether with private or institutional investors or lenders, where such financing or refinancing is (a) an Encumbrance (as defined below) or (b) has been underwritten based upon, or is intended to be repaid from, the proceeds of Concessionaire's ’s operation of the Premises or the sale, assignment or transfer of Concessionaire's ’s interest as provided herein.

Appears in 1 contract

Sources: Concession Contract