End of Term Indemnity. (a) If the Representative elects the Remarketing Option and there would, after giving effect to the proposed remarketing transactions, be a Shortfall Amount, then prior to the Expiration Date and as a condition to the Representative's right to complete the remarketing of the Properties pursuant to Article XX of the Master Lease, the Representative shall cause to be delivered to the Agent Lessor at least one hundred twenty (120) days prior to the Expiration Date, at the Representative's sole cost and expense, a report from the Appraiser in form and substance satisfactory to the Agent Lessor, the Administrative Agent and the Participants (the "End of the Term Report") which shall state the appraiser's conclusions as to the reason for any decline in the Fair Market Sales Value of any of the Property from that anticipated for such date in the As-Built Appraisal delivered with respect to such Property.
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Samples: Participation Agreement (Beverly Enterprises Inc), Participation Agreement (Beverly Enterprises Inc /De/)
End of Term Indemnity. (a) If the Representative Lessee elects the Remarketing Option and there would, after giving effect to the proposed remarketing transactions, be a Shortfall Amount, then prior to the Expiration Date and as a condition to the RepresentativeLessee's right to complete the remarketing of the Properties Property pursuant to Article XX of the Master Lease, the Representative Lessee shall cause to be delivered to the Agent Lessor at least one hundred twenty (120) days prior to the Expiration Date, at the RepresentativeLessee's sole cost and expense, a report from the Appraiser in form and substance reasonably satisfactory to the Agent Lessor, the Administrative Agent and the Participants (the "End of the Term Report"" ) which shall state the appraiserAppraiser's conclusions as to the reason for any decline in the Fair Market Sales Value of any of the Property from that anticipated for such date in the As-Built Appraisal delivered with respect to such the Property.
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Samples: Participation Agreement (Alumax Inc)
End of Term Indemnity. (a) If the Representative Lessee elects the Remarketing Option and there would, after giving effect to the proposed remarketing transactionstransaction, be a Shortfall Amount, then prior to the Expiration Date and as a condition to the Representative's Lessee’s right to complete the remarketing of the Properties pursuant to Article XX of the Master Lease, the Representative Lessee shall cause to be delivered to the Administrative Agent and the Lessor at least one hundred twenty sixty (12060) days prior to the Expiration Date, at the Representative's Lessee’s sole cost and expense, a report from the Appraiser in form and substance satisfactory to the Agent Lessor, the Administrative Agent and the Participants Purchasers (the "“End of the Term Report"”) which shall state the appraiser's ’s conclusions as to the reason for any decline in the Fair Market Sales Value of any of the Property from that anticipated for such date in the As-Built Appraisal delivered with respect to such Property.
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