Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 2 contracts
Samples: Financing and Security Agreement (Alternative Living Services Inc), Financing and Security Agreement (Alternative Living Services Inc)
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Administrative Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 2 contracts
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc), Financing and Security Agreement (Sunrise Assisted Living Inc)
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 2 contracts
Samples: Financing and Security Agreement (American Retirement Corp), Financing and Security Agreement (American Retirement Corp)
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes the affected Eligible Project from the calculation of the Borrowing BaseTrust.
Appears in 1 contract
Samples: Master Construction Loan Agreement (Sunrise Assisted Living Inc)
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the Administrative Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)
Damage to Improvements. At any time prior to the issuance of a certificate of occupancy or completion therefor, any of the Improvements are substantially damaged or destroyed by fire or other casualty and the 76 83 Administrative Agent determines in good faith that such Improvements cannot be restored and completed in accordance with the terms and provisions of the Deed of Trust unless the Borrower excludes the affected Eligible Project from the calculation of the Borrowing BaseTrust.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)