Caused definition

Caused. Caused" means, with respect to a Person, that such Person has caused an Event of Default by breach or non-performance of a term, provision or covenant of any of the Keep Well Agreement, a Completion Guaranty or the Credit Agreement; provided that a Person shall not be found to have Caused an Event of Default as a result of such Person's or its Affiliates' Control of the Company or Aladdin Gaming.
Caused means, with respect to a person, that such person has caused an Event of Default by breach or non-performance of a term, provision or covenant of any of the Keep Well Agreement, the Completion Guaranties or the Credit Agreement; PROVIDED that a person shall not be found to have caused an Event of Default as result of such Person's or its Affiliates' control of Gaming Holdings or Aladdin Gaming; (c) "control" means the possession, directly or indirectly, of the power to cause the direction of the management or policies of a person, whether through ownership of voting securities, by contract or otherwise, and "controlling" and "controlled" shall have corresponding meanings; and (d) "Event of Default" means (i) an Event of Default under the Credit Agreement; (ii) a Specified Event under the Keep Well Agreement or any Completion Guaranty; or (iii) any breach or default under the Keep Well Agreement or any Completion Guaranty, in each case pursuant to which the Lenders, the Discount Noteholders or the Contingent Guarantor (as the case may be) have exercised rights or remedies under any of the Credit Agreement, the Completions Guaranties or the Keep Well Agreement, but shall exclude any of the forgoing events which only gives rise to a payment by LCI pursuant to Section 13 of the Keep Well Agreement.

Examples of Caused in a sentence

Caused or attempted to cause damage to school property or private property.

Caused, attempted to cause, or threatened to cause physical injury to another person.

Caused, attempted to cause, threatened to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code.

Caused, attempted to cause, threaten to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code.

Caused or attempted to cause damage to school property or private property, which includes but is not limited to, electronic files and databases.

Caused or attempted to cause damage to school or private property.

Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233 (Education Code 48900.3) Hate violence means any act punishable under Penal Code 422.6, 422.7, or 422.75.

For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of claims arising from the Convention on International Liability for Damage Caused by Space Objects, which entered into force on September 1, 1972, where the person, entity, or property causing the Damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.

Caused, attempted to cause, threatened to cause, or participated in an act of hate violence.

In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies: (1) Impeded the child's right to a FAPE; (2) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or (3) Caused a deprivation of educational benefit.

Related to Caused

Gross Negligence means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.
sustained means all or part of the alleged misconduct, as set forth in a complaint or brought to the attention of the Commission through other means, occurred based on a preponderance of the evidence presented, which is defined as more likely than not;
Damage means actual and/or physical damage to tangible property;
Cause means:
Materially Damaged means damage which, in Seller's reasonable estimation, exceeds $200,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.
Willful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.
Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.
Damaged means property in a condition in which its worth or usefulness is impaired. Damage includes, but is not limited to backstretch worker housing whose components are split, buckled, sagging, rotting, broken or defective.
Willful means any action or omission by the participant that was not in good faith and without a reasonable belief that the action or omission was in the best interests of the Company or its Affiliates. Any act or omission based upon authority given pursuant to a duly adopted resolution of the Board, or, upon the instructions of the CEO or any other senior officer of the Company, or, based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the participant in good faith and in the best interests of the Company and/or its Affiliates.
Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.
Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.
Material Damage and "Materially Damaged" means damage which, in Seller's reasonable estimation, exceeds $500,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.
Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
Negligence means the failure to exercise "Reasonable Care".
Injury means accidental physical bodily harm excluding illness or disease solely and directly caused by external, violent and visible and evident means which is verified and certified by a Medical Practitioner.
Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.
Acts means, collectively, the 1933 Act and the 1940 Act.
windstorm means straight line winds of at least 80 miles per
Wilful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.
Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Misconduct means the commission of any act of fraud, embezzlement or dishonesty by the Optionee or Participant, any unauthorized use or disclosure by such person of confidential information or trade secrets of the Corporation (or any Parent or Subsidiary), or any other intentional misconduct by such person adversely affecting the business or affairs of the Corporation (or any Parent or Subsidiary) in a material manner. The foregoing definition shall not in any way preclude or restrict the right of the Corporation (or any Parent or Subsidiary) to discharge or dismiss any Optionee, Participant or other person in the Service of the Corporation (or any Parent or Subsidiary) for any other acts or omissions, but such other acts or omissions shall not be deemed, for purposes of the Plan, to constitute grounds for termination for Misconduct.
Omission means a failure to act.
Act of God means a cataclysmic phenomenon of nature, including earthquake, flood or cyclone. Rain, snow, wind, high water or any other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the City, shall be deemed not to be acts of God;
Failure to Pay means, after the expiration of any applicable Grace Period (after the satisfaction of any conditions precedent to the commencement of such Grace Period), the failure by a Reference Entity to make, when and where due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations in accordance with the terms of such Obligations at the time of such failure.
Failure has the meaning set forth in Section 2.4.
Subsidence means the lowering in elevation of the land surface caused by withdrawal of groundwater.