Asset Retention. The Recipient will comply with section C1.3 of Schedule “C” of this Agreement as it relates to the retention of any assets purchased, built or rehabilitated with Funds being provided under this Agreement.
Asset Retention. The Custodian shall hold all contributions to the Account which are received by it subject to the terms and conditions of this Agreement and for the purposes set forth herein. The Custodian shall be responsible only for such assets as shall actually be received by it.
Asset Retention. The Custodian shall hold all contributions to the Account that are received by it subject to the terms and conditions of this Agreement and for the purposes set forth herein. The Custodian shall be responsible only for such assets as shall actually be received by it.
Asset Retention. Notwithstanding anything to the contrary in this -20- Agreement, in the event the Estimated Purchase Price exceeds $600,000,000, then, at Seller's option, by written notice to Buyer delivered concurrently with the Estimated Closing Date Balance Sheet specifying which option Seller elects, one of the following shall apply: (i) Seller may agree that the Purchase Price shall be adjusted to an amount equal to $600,000,000 in the event that, and notwithstanding that, the Purchase Price as determined pursuant to the terms and conditions of this Agreement (but for the application of this Section 3.3.5) would exceed $600,000,000, in which event, for all purposes of this Agreement, the Estimated Purchase Price shall equal $600,000,000 and the Purchase Price shall equal the lesser of (x) $600,000,000 and (y) the Purchase Price as determined pursuant to the terms and conditions of this Agreement but for the application of this Section 3.3.5, (ii) the Moorefield, West Virginia facility, and all assets located thereat and rights relating thereto, shall be retained by Seller, excluded from the term "Business", and included within the term "Retained Assets", for all purposes of this Agreement and the Estimated Purchase Price shall be recalculated on the basis that such facility, assets and rights are excluded from the Business and retained by Seller, or (iii) Seller may terminate this Agreement in accordance with Section 11.1(j) hereof, unless in the case of clause (ii) or (iii) immediately above, Buyer agrees in writing, within 48 hours after receipt of written notice from Seller of its intent to exclude such assets or terminate this Agreement in accordance with either clause (ii) or (iii) immediately above, that Buyer will pay the Purchase Price in full, as determined in accordance with the terms and conditions of this Agreement, notwithstanding that the Purchase Price exceeds $600,000,000, in which case such assets will not be excluded and this Agreement will not be terminated pursuant to Section 11.1(j). Seller represents that, if Seller elects to exclude the assets and rights referred to in clause (ii) immediately above, the Purchase Price will be no greater than $600,000,000.
Asset Retention. The Archival Master shall not sell, transfer, or dispose of the Art Object, without the consent of the Co-owners, but will be entitled to sell on the market if the value of the Art Object makes the transaction economically beneficial to all parties involved.
Asset Retention. The Borrower shall not permit the Asset Retention Ratio to be less than 65% at any time, measured as of the last day of any Fiscal Quarter.
Asset Retention. The Parties recognize that pursuant to the Assumption Reinsurance Agreement and this Rehabilitation Agreement, the Conservator shall retain from Closing substantial assets of Golden State for the administration of the conservation of Golden State. Apart from the asset transfers set forth in the Assumption Reinsurance Agreement, IA American shall have no right or interest in the non-transferred assets.
Asset Retention. The respective Parties agree that all of the assets if any shall become the separate and sole property of Maptelligent, Inc., to include all brands.
