Monitoring of Properties Sample Clauses

Monitoring of Properties. On or before the date five Business Days before each Interest Payment Date, the Borrower must supply to the Agent a report (Quarterly Report) containing the following information to the best of the Borrower’s knowledge, in form and substance reasonably satisfactory to the Agent, in respect of (except in the case of proposed or required capital expenditure or repairs under paragraphs (g) and (h) below) the Rental Quarter ending on the Rental Quarter Date immediately preceding that Interest Payment Date: (a) a schedule of each existing Tenant of each Property, showing for each Tenant the rent, service charge, value added tax and any other amounts payable during each calendar month within that period by that Tenant; (b) details of: (i) any arrears of rents or service charges under any Lease Document; (ii) any other breaches of covenant or obligation under any Lease Document (including in relation to any Healthcare Requirements) except to the extent such breach is immaterial in its effect, and and any step being taken to recover or remedy them; (iii) the amount (if any) required to be deducted from the Rental Income Account under paragraphs (d) and (e) of Clause 18.3 (Rental Income Account) for the period from and including that Interest Payment Date to the next Interest Payment Date; (c) details of any insolvency or similar proceedings affecting any Tenant of a Property or any guarantor of that Tenant; (d) details of any rent reviews with respect to any Lease Document in progress or agreed; (e) details of any Lease Document which has expired or been determined or surrendered and any new letting proposed; (f) copies of all material correspondence between the Tenant and the insurance brokers handling the insurance of any Property in each case to the extent received by the Obligors from the Tenant; (g) details of any actual or proposed material capital expenditure with respect to each Property (which, to the extent that such capital expenditure or repairs (as applicable) is to be undertaken by a Tenant, shall consist of such information as is actually received by the Obligors from the Tenants under the Lease Documents); (h) details of any actual or required material repairs to each Property (which, to the extent that repairs are to be undertaken by a Tenant, shall consist of such information as is actually received by the Obligors from the Tenants under the Lease Documents); and (i) any other information in relation to a Property reasonably requested by the Agen...
AutoNDA by SimpleDocs
Monitoring of Properties. (a) Two (2) Business Days prior to each Interest Payment Date, the Borrowers must supply to the Facility Agent the information set out in Schedule 5 (Property Information) for the quarterly period ending in the month prior to the relevant Interest Payment Date, in form and substance satisfactory to the Facility Agent, in respect of the latest Financial Quarter. (b) Each Borrower shall within a reasonable time provide to the Facility Agent such further information regarding any Property and/or any Property Lease as the Facility Agent may reasonably request in writing. In particular, without limitation, each Borrower shall within a reasonable time provide detailed information on (i) the vacancies of each Property, including the location of any vacant apartments and/or (ii) on any deviations of capital expenditures from the relevant Business Plan, in each case if the Facility Agent so requests in writing. (c) Each Borrower must notify the Facility Agent of any likely occupational tenant (after a letter of intent having been executed) of any part of any Property generating more than five (5) per cent of the aggregate Gross Rental Income of all Properties. (d) Upon request in writing, each Borrower must within a reasonable time deliver to the Facility Agent all information reasonably necessary to determine the mortgage value (Beleihungswert) of each Property, including, without limitation, the relevant up to date excerpt from the Land Register, copy of the letters from the register of public easements (Baulastenverzeichnis) for such Property (to the extent available in the relevant federal state (Bundesland), copy of letters from the register regarding contaminated soils (Auszug aus dem Altlastenkataster) for such Property, site plan (including location of building), technical description of building (Baubeschreibung), calculation of area (Flächenberechnung) and cubic contents (Kubaturberechnung), calculation of residential area (Wohnflächenberechnung) and utilisable area (Nutzfläche) and current rent roll setting out the cash-flows on a tenant by tenant basis.

Related to Monitoring of Properties

  • Maintenance of Properties (a) Maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted; (b) make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) use the standard of care typical in the industry in the operation and maintenance of its facilities.

  • Operation of Properties The Borrower will and will cause each Subsidiary to operate its Properties or cause such Properties to be operated in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance in all material respects with all Governmental Requirements.

  • Maintenance of Properties, Etc Maintain and preserve, and cause each of its Subsidiaries to maintain and preserve, all of its properties that are used or useful in the conduct of its business in good working order and condition, ordinary wear and tear excepted.

  • Existence; Maintenance of Properties The Obligors will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as corporations under the jurisdiction of their incorporation. The Obligors will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of their Subsidiaries, except for the Inactive Subsidiaries. The Obligors, except with respect to the Inactive Subsidiaries (i) will cause all of its properties and those of their Subsidiaries used or useful in the conduct of its business or the business of their Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Obligors may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, and (iii) except as provided below, will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses. The Obligors (i) shall not make any loans or advances to, or transfer any assets to, any Inactive Subsidiary, nor allow any Inactive Subsidiary to engage in any business activity, other than such activity which may be required in connection with the dissolution and/or deregistration of such Inactive Subsidiary, and (ii) shall dissolve all Inactive Subsidiaries, which are Domestic Subsidiaries, on or before ninety (90) days from the date hereof, and shall endeavor in good faith and use its reasonable efforts to dissolve or deregister all Inactive Subsidiaries, which are not Domestic Subsidiaries as soon as possible, but in no event, not later than one (1) year from the date hereof. In the event that any Inactive Subsidiary has not been dissolved or deregistered in accordance with the provisions of the preceding sentence, the parent of such Inactive Subsidiary shall execute and deliver to the Agent, within thirty (30) days of the Agent's request, a stock pledge, in form and substance reasonably satisfactory to the Agent, to pledge the stock of such Inactive Subsidiary to the Agent for the ratable benefit of the Lenders and such other documents, instruments and agreements which the Agent may reasonably require in connection therewith.

  • Condition of Properties All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.

  • Maintenance of Properties and Leases Each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in good repair, working order and condition (ordinary wear and tear excepted) in accordance with the general practice of other businesses of similar character and size, all of those properties useful or necessary to its business, and from time to time, such Loan Party will make or cause to be made all appropriate repairs, renewals or replacements thereof.

  • Operation and Maintenance of Properties The Borrower will, and will cause each of its Subsidiaries to: (a) operate its Oil and Gas Properties and other material Properties or cause such Oil and Gas Properties and other material Properties to be operated in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance with all Governmental Requirements, including, without limitation, applicable proration requirements and Environmental Laws, and all applicable laws, rules and regulations of every other Governmental Authority from time to time constituted to regulate the development and operation of its Oil and Gas Properties and the production and sale of Hydrocarbons and other minerals therefrom, except, in each case, where the failure to comply could not reasonably be expected to have a Material Adverse Effect. (b) keep and maintain all Property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted preserve, maintain and keep in good repair, working order and efficiency (ordinary wear and tear excepted) all of its material Oil and Gas Properties and other material Properties, including, without limitation, all material equipment, machinery and facilities. (c) promptly pay and discharge, or make reasonable and customary efforts to cause to be paid and discharged, all delay rentals, royalties, expenses and indebtedness accruing under the leases or other agreements affecting or pertaining to its Oil and Gas Properties and will do all other things necessary to keep unimpaired their rights with respect thereto and prevent any forfeiture thereof or default thereunder. (d) promptly perform or make reasonable and customary efforts to cause to be performed, in accordance with industry standards and in all material respects, the obligations required by each and all of the assignments, deeds, leases, sub-leases, contracts and agreements affecting its interests in its Oil and Gas Properties and other material Properties. (e) to the extent the Borrower or one of its Subsidiaries is not the operator of any Property, the Borrower shall use reasonable efforts to cause the operator to comply with this Section 8.06.

  • Acquisition of Property The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations.

  • Maintenance of Property The Company shall maintain, and shall cause each Subsidiary to maintain, and preserve all its property which is used or useful in its business in good working order and condition, ordinary wear and tear excepted and make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

  • Maintenance of Properties and Insurance (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!