Individual Property secured Debt of the Borrower, CSC or any Borrower Subsidiary which is nonrecourse to the Borrower (other than recourse in connection with customary nonrecourse or “bad boy” carve out provisions) or CSC, provided that the Borrower will be in compliance with the Financial Covenants considering the consequences of the incurrence of such Debt;
Individual Property. All other data, specifications, computer programs, documentation and other materials that are (i) developed or provided by either Party, (ii) not described in Sections 26.1, 26.2, or 26.3 above and (iii) utilized in performing this Agreement ("Individual Property") shall be and remain the property of the developing or providing Party and may not be sold, transferred, disseminated, or conveyed by the other Party to any other entity or used other than in the performance of this Agreement (or any resulting agreement) without the express written permission of the developing/providing Party. Unless otherwise agreed between the Parties, all such Individual Property shall be returned to the developing/providing Party by the other Party promptly upon termination of this Agreement, or as soon thereafter as practicable.
Individual Property. City Square Underground Garage, Oakland California 2. 000 00xx Xxxxxx, Xxxxxxx Xxxxxxxxxx 3. 000 00xx Xxxxxx, Xxxxxxx Xxxxxxxxxx
Individual Property. The Individual Property, in the aggregate, is not valued at greater than $100,000.
Individual Property. Each party shall individually be responsible for all costs and expenses associated with the acquisition and operation of its individually owned property including, without limitation, separately metered utility expenses.
Individual Property secured Debt of the Borrower, CSC or any Borrower Subsidiary which is recourse to the Borrower or CSC consistent with customary project finance market terms and conditions in an amount not to exceed $50,000,000.00 in the aggregate outstanding at any one time, provided that the Borrower will be in compliance with the Financial Covenants considering the consequences of the incurrence of such Debt;
Individual Property secured Debt of the Borrower, CSC or any Borrower Subsidiary which is recourse to the Borrower or CSC consistent with customary project finance market terms and conditions (excluding the Obligations) in an amount not to exceed twenty five percent (25%) of the Total Asset Value in the aggregate outstanding at any one time, provided that the Borrower will be in compliance with the Financial Covenants considering the consequences of the incurrence of such Debt;”
24. Section 13.3 of the Loan Agreement is hereby deleted and shall be replaced by the following:
Individual Property secured Debt of the Borrower, CSC or any Borrower Subsidiary which is recourse to the Borrower or CSC consistent with customary project finance market terms and conditions (excluding the construction loan facility on the property located at 00xx Xxxxxx and Xxxxxxx Road, Camp Hill, Pennsylvania 17011) in an amount not to exceed $50,000,000.00 in the aggregate outstanding at any one time, provided that the Borrower will be in compliance with the Financial Covenants considering the consequences of the incurrence of such Debt"
13. Section 15.1 of the Loan Agreement is hereby amended by deleting the following text set forth on Page 67 of the Loan Agreement:
Individual Property. For purposes of this Agreement the term: (a) “Parcel” means each separate parcel of Land identified on Exhibit A attached hereto, and (b) “Individual Property” means, collectively, a Parcel, the Improvements located on such Parcel, the Tax Arrangements, Contracts, Leases and the Personal Property and Intangible Property associated with such Parcel (including Trade Names) and Improvements. Purchaser and each Selling Entity acknowledge that the liabilities and duties of each the Selling Entities hereunder shall be joint and several obligations of all the Selling Entities and for avoidance of doubt, the purchase and sale of the Property must occur simultaneously as part of a single transaction in accordance with the terms of this Agreement (except as may be expressly provided to the contrary contained herein).
Individual Property secured Debt of the Borrower, CSC or any Borrower Subsidiary which is recourse to the Borrower or CSC consistent with customary project finance market terms and conditions (excluding (a) the construction loan facility on the property located at 32nd Street and Trindle Xxxx, Xxxx Xxxx, Xxxxxxxxxxxx 00000 xxx (x) xxx Xxxxxxxxxxx) in an amount not to exceed fifteen percent (15%) of the Total Asset Value in the aggregate outstanding at any one time, provided that the Borrower will be in compliance with the Financial Covenants considering the consequences of the incurrence of such Debt;"
