Eligible Unencumbered Properties Sample Clauses

Eligible Unencumbered Properties. As of the Agreement Date, Schedule EUP is a correct and complete list of all Eligible Unencumbered Properties. Each of the Properties included by the Borrower in the calculations of Unencumbered NOI and Unencumbered Property Value satisfies all of the requirements in the definition of “Eligible Unencumbered Property”.
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Eligible Unencumbered Properties. As of the Agreement Date, Schedule 6.1(z) is a correct and complete list of all Eligible Unencumbered Properties included in the calculation of Value of Unencumbered Properties. Each of the assets included by the Borrower in calculations of Value of Unencumbered Properties satisfies all of the requirements contained in the definition of “Eligible Unencumbered Property”. With the delivery of each Compliance Certificate, the Borrower shall also provide an updated Schedule 6.1.(z), which such updates shall be satisfactory to the Agent, showing all Eligible Unencumbered Properties added since the immediately preceding fiscal period for which a Compliance Certificate was delivered, and the representations and warranties set forth in Section 6.1.(b) with respect to the initial Eligible Unencumbered Properties as of the Agreement Date shall be true and correct as of the last day of the applicable fiscal periods with respect to all Eligible Unencumbered Properties utilized by the Borrower for purposes of any covenant calculations after the Agreement Date.
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Eligible Unencumbered Properties. Section 5.1 Initial Eligible Unencumbered Properties. 66 Section 5.2 Minimum Eligible Unencumbered Properties. 66
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Eligible Unencumbered Properties. Each of the assets included by the Borrower in calculations of Value of Unencumbered Properties and Adjusted Net Operating Income satisfies all of the requirements contained in the definition of “Eligible Unencumbered Property”. The Borrower owns the Eligible Unencumbered Properties indirectly through its Wholly-Owned Subsidiaries (or other Subsidiaries approved by the Agent and the Required Lenders). With the delivery of each Compliance Certificate, the representations and warranties set forth in clauses (i) and (ii) of the second sentence of Section 6.1.(b) with respect to the initial Eligible Unencumbered Properties and the Borrower and each Subsidiary of the Borrower that directly or indirectly own an Eligible Unencumbered Property, in each case, as of the Agreement Date, shall be true and correct as of the last day of the applicable fiscal periods with respect to all Eligible Unencumbered Properties and the Borrower and each Subsidiary of the Borrower that directly or indirectly own such Eligible Unencumbered Properties utilized by the Borrower for purposes of any covenant calculations after the Agreement Date.
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Eligible Unencumbered Properties. As of the Agreement Date, Schedule 6.1(s) is a correct and complete list of all Eligible Unencumbered Properties. Each of the Properties included by the Trust and the Borrowers in the calculations of Unencumbered NOI and Unencumbered Property Value satisfies all of the requirements in the definition of “Eligible Unencumbered Property”.
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Eligible Unencumbered Properties. Eligible Unencumbered Properties 16 FP Gateway 270, LLC Gateway Center I-270 22516, 22520, 22530,22600,22610 and 00000 Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxx MD 17 XX Xxxxxx Business Center, LLC Girard Business Center 200, 000 Xxxxxx Xxxxxx,504 East Diamond Avenue Gaithersburg Xxxxxxxxxx MI) 18 XX Xxxxxx Place, LLC Girard Place 602,620,630,640 East Diamond Avenue Gaithersburg Xxxxxxxxxx MD 19 FP Greenbrier Circle, LLC Greenbrier Circle Corporate Center 000 Xxxxxxxxxx Xxxxxx & 0000 Xxxx Xxxxx Chesapeake Chesapeake VA 20 FP Greenbrier Towers, LLC Xxxxxxxxxx Xxxxxx 000, 000 Xxxxxxxxxx Chesapeake Chesapeake VA 21 XX Xxxx, LLC Campus at Metro North 000 X. Xxxx Drive 7300,7301,7362 Xxxxxxx Place Rockville Xxxxxxxxxx MD 22 FP Hanover AB, LLC Hanover Business Center 000 Xxxxxxx Xxxx & 000 Xxxx Xxxxxx Xxxxxxx Ashland Hanover VA 23 FP Park Central I, LLC Park Central I 0000 Xxxx Xxxxxxx Xxxxx Xxxxxxxx Xxxxxxx XX Schedule 6.1(z) Schedule 6.1.(z) Eligible Unencumbered Properties Eligible Unencumbered Properties 24 FP Park Central II, LLC Park Central II 0000 Xxxx Xxxxxxx Xxxxx Xxxxxxxx Xxxxxxxx XX 25 FP Park Central V, LLC Park Central V 0000 Xxxx Xxxxxxx Xxxxx Xxxxxxxx Xxxxxxx XX 26 XX Xxxxxxx Center, LLC Xxxxxxx Center 00 Xxxx Xxxxxxx Xxxxxx Frederick Frederick MD 27 FP Xxxx Xxxx, LLC Xxxx Xxxx 7500 -7516 Whitepine Road Richmond Henrico VA 28 XX Xxxxxxxx Park I, LLC Sterling Park Business Center 00000 Xxxxx Xxxxx & 00000 Xxxxx Xxxxx Sterling Loudoun VA 29 XX Xxxxxxxx Park 6, LLC Sterling Park Business Center Xxx 0 00000 Xxxxx Xxxxx Sterling Loudoun VA 30 XX Xxxxxxxx Park 7, LLC Sterling Park Business Center Xxx 0 00000 Xxxxx Xxxxx Sterling Loudoun VA 31 XX Xxxxxxxx Park Land, LLC Sterling Park Land Parcel 51, Lot, 2-A, 3-A, & 8 Sterling Loudoun VA 32 PP West Park, LLC Xxxx Xxxx 00 Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx Frederick MD 33 Gateway Manassas II, LLC Gateway Center Manassas II 7201 & 0000 Xxxxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx VA 34 GTC I Second LLC Greenbrier Technology Center 1 000 Xxxxxxxxxx Xxxxxx Xxxxxxxxxx Xxxxxxxxxx XX 00 Xxxxxxx Xxxxxxxxx Center, LLC Xxxxxxx Corporate Center 1145-1175 Xxxxxxx Parkway Xxxxxxx Fairfax VA 36 Xxxxxx XX, LLC Linden Business Center 0000 Xxxxxxxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx VA 00 Xxxxxxx Xxxxxxxx Xxxx LLC Norfolk Commerce Park II 0000 Xxxxx Xxxx Road Norfolk Norfolk VA 00 Xxxxxx Xxxxxxxx Xxxxxx, XXX Xxxxxx Xxxxxxxx Xxxxxx 00000, 12330, 12340 & 00000 Xxxxxxxxx Xxxx Xxxxxx Xxxxxxx XX 39 Virginia Center, LLC Virginia Center ...
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Eligible Unencumbered Properties. Eligible Unencumbered Properties 43 FP One Fair Oaks, LLC Xxx Xxxx Xxxx 0000 Xxxxxx Xxxx Xxxxxxx Xxxxxxx XX 44 0000 Xxxxxxxxx Xxxxxxxxx I, LLC 0000 Xxxxxxxxx Xxxxxxxx Xxxxxx 0000 Xxxxxxxxx Xxxx.,(Xxxxxx 0X-0X) Xxxxxxxxxx Xxxxxxxxxx XX 45 FP Gallows Road, LLC Cedar Hill I & III Office Park 2215 and 0000 Xxxxxxx Xxxx Xxxxxx Xxxxxxx XX 46 FP Patuxent Parkway, LLC Xxxxxxx Xxxxx Building 10320 Little Patuxent Parkway Columbia Xxxxxx MD 47 FP Prosperity, LLC Prosperity Business Center 2930-2942 Prosperity Avenue Xxxxxxxxxx Fairfax VA 48 FP Cloverleaf, LLC Cloverleaf Center 20420,20430,20440,204 00 Xxxxxxx Xxxx Xxxxxxxxxx Xxxxxxxxxx MD 49 Linden I, LLC Linden Business Center 7245 & 0000 Xxxxxxxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx VA 50 FP 000 Xxxxx Xxxxxx, LLC 000 Xxxxx Xxxxxx 000 0xx Xxxxxx, XX Xxxxxxxxxx Xxxxxxxxxx XX 51 FP 540 Xxxxxxx, LLC Redland 000 Xxxxxxx Xxxx Rockville Xxxxxxxxxx MD Schedule 6.1(z) EXHIBIT A FORM OF ASSIGNMENT AND ACCEPTANCE AGREEMENT This Assignment and Acceptance Agreement (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [the][each] Assignor identified in item 1 below ([the][each, an] “Assignor”) and [the][each]1 Assignee identified in item 2 below ([the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees]2 hereunder are several and not joint.]3 Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by [the][each] Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Agent as contemplated below (i) all of [the Assignor’s][the respective Assignors’] rights and obligations in [its capacity as a Lender][their respective capacities as Lenders] under the C...
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Eligible Unencumbered Properties 
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Related to Eligible Unencumbered Properties

  • Unencumbered Properties Each Property included in any calculation of Unencumbered Asset Value or Unencumbered NOI satisfied, at the time of such calculation, all of the requirements contained in the definition of “Unencumbered Property Criteria.”

  • Unencumbered Assets As of the Agreement Date, Schedule 6.1(y) is a correct and complete list of all Unencumbered Assets. Each of the Unencumbered Assets included by the Borrower in calculations of the Unencumbered Asset Value satisfies all of the requirements contained in this Agreement for the same to be included therein.

  • Borrowing Base Properties (a) Except where the failure to comply with any of the following would not have a Material Adverse Effect, each of Parent and Borrower shall, and shall use commercially reasonable efforts to cause each other Loan Party or the applicable tenant, to:

  • Maintenance of Total Unencumbered Assets The Company and its Subsidiaries will maintain Total Unencumbered Assets of not less than 200% of the aggregate outstanding principal amount of the Unsecured Debt of the Company and its Subsidiaries on a consolidated basis.

  • Unencumbered Leverage Ratio The Parent and the Borrower shall not permit the Unencumbered Leverage Ratio to exceed 60.0% at any time; provided, however, that (I) notwithstanding the foregoing if the Covenant Relief Period ends pursuant to clause (ii) of the definition thereof, during the Ratio Adjustment Period, the Unencumbered Leverage Ratio may exceed 60.0% but shall not exceed 65.0% at any time and (II) after the Ratio Adjustment Period, the Borrower shall have the option, exercisable two times, upon written notice from the Borrower to the Administrative Agent that the Borrower is exercising such option, to elect that the Unencumbered Leverage Ratio may exceed 60.0% for a period not to exceed two (2) full fiscal quarters, such period to commence on the date set forth in such notice (such period, the “Unencumbered Leverage Ratio Surge Period”), so long as (i) the Borrower has delivered a written notice to the Administrative Agent that the Borrower is exercising its option under this subsection (a), (ii) the Unencumbered Leverage Ratio does not exceed 65.0% at any time during the Unencumbered Leverage Ratio Surge Period, (iii) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 60% at any time during the fiscal quarter in which such Material Acquisition took place, and (iv) an Unencumbered Leverage Surge Period was not in effect for the fiscal quarter immediately preceding the Borrower’s election. The Borrower shall have the option to exercise both an Unencumbered Leverage Ratio Surge Period and a Leverage Ratio Surge Period in the same notice.

  • Eligible Assets The Fund shall only make investments in the Eligible Assets as described on Exhibit B, as amended from time to time with the prior written consent of Xxxxx Fargo, in accordance with the Fund’s investment objectives and the investment policies set forth in the Offering Memorandum, as such investment objectives and investment policies may be modified in accordance with the 1940 Act and applicable law and, if applicable, the Related Documents.

  • Borrowing Base Assets (a) The Eligible Real Estate and Borrowing Base Loans included in the calculation of the Borrowing Base Availability shall at all times satisfy all of the following conditions:

  • Maximum Unencumbered Leverage Ratio As of the last day of any fiscal quarter, the Unencumbered Leverage Ratio to exceed sixty percent (60%); provided that, if any Material Acquisition shall occur and the Unencumbered Leverage Ratio shall have been less than sixty percent (60%) for at least one full fiscal quarter immediately preceding the proposed Unencumbered Leverage Ratio Covenant Holiday, then, at the election of the Borrower upon delivery of prior written notice to the Administrative Agent, concurrently with or prior to the delivery of a Compliance Certificate pursuant to Section 7.02(a), and provided that no Default or Event of Default shall have occurred and be continuing, the maximum Unencumbered Leverage Ratio covenant level shall be increased to sixty-five (65%) for the fiscal quarter in which such Material Acquisition is consummated and the three (3) fiscal quarters immediately following the fiscal quarter in which such Material Acquisition is consummated (any such increase an “Unencumbered Leverage Ratio Covenant Holiday”); provided further that not more than two (2) Unencumbered Leverage Ratio Covenant Holidays may be elected by the Borrower during the term of this Agreement;

  • After Acquired Real Property Upon the acquisition by it or any of its Domestic Subsidiaries that is a Loan Party after the date hereof of any Material Real Estate Asset (each such interest being an “After Acquired Property”), as soon as reasonably practicable so notify the Collateral Agent, setting forth with specificity a description of the interest acquired, the location of the real property, and either an appraisal or such Loan Party’s good-faith estimate of the current value of such real property after taking into account any liabilities with respect thereto that impact such fair market value. The Collateral Agent shall notify such Loan Party within ten (10) Business Days of receipt of notice from the Administrative Borrower whether it intends to require any of the Real Property Deliverables referred to below. Upon receipt of such notice, the Loan Party that has acquired such After Acquired Property shall furnish to the Collateral Agent as promptly as reasonably practicable the following, each in form and substance reasonably satisfactory to the Collateral Agent: (i) a Mortgage with respect to such real property and related assets located at the After Acquired Property, duly executed by such Loan Party and in recordable form; (ii) evidence of the recording of the Mortgage referred to in clause (i) above in such office or offices as may be necessary or, in the opinion of the Collateral Agent, desirable to create and perfect a valid and enforceable first priority lien on the After Acquired Property purported to be covered thereby (subject to Permitted Liens) or to otherwise protect the rights of the Agents and the Lenders thereunder, (iii) a Title Insurance Policy, (iv) a survey of such real property, certified to the Collateral Agent and to the issuer of the Title Insurance Policy by a licensed professional surveyor reasonably satisfactory to the Collateral Agent, provided that an existing survey shall be acceptable if sufficient for the applicable title insurance company to remove the standard survey exception and issue survey-related endorsements, (v) if requested, Phase I Environmental Site Assessments with respect to such real property, certified to the Collateral Agent by a company reasonably satisfactory to the Collateral Agent, and (vi) such other documents reasonable and customary or instruments (including guarantees and enforceability opinions of counsel) as the Collateral Agent may reasonably require (clauses (i)-(vi), collectively, the “Real Property Deliverables”). The Borrowers shall pay all reasonable and documented out-of-pocket fees and expenses, including reasonable and documented out-of-pocket fees and expenses of one outside counsel and one local counsel in each relevant jurisdiction, and all title insurance charges and premiums, in connection with each Loan Party’s obligations under this Section 7.01(o).

  • Real Properties The Company does not have an interest in any real property, except for the Leases (as defined below).

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