Common use of Notice of Proposed Sales or Transfers Clause in Contracts

Notice of Proposed Sales or Transfers. Quarterly, on each date that a Compliance Certificate is to be delivered pursuant to Section 7.1(e), a list of all sales or transfers of any Unencumbered Assets (including any agreements for the sale or transfer of any Unencumbered Asset entered into during such fiscal quarter but not yet consummated); provided that, if during any such fiscal quarter of the Borrower any sale or transfer of an Unencumbered Asset, which combined with all other such sales or transfers of Unencumbered Assets during such fiscal quarter, would exceed $100,000,000 in the aggregate, then the Borrower shall promptly provide such list and a certification of the Chief Financial Officer as to the Borrower's compliance with Sections 8.12 and 8.16;

Appears in 5 contracts

Samples: Credit Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc)

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Notice of Proposed Sales or Transfers. Quarterly, on each date that a Compliance Certificate is to be delivered pursuant to Section 7.1(e), a list of all sales or transfers of any Unencumbered Assets (including any agreements for the sale or transfer of any Unencumbered Asset entered into during such fiscal quarter but not yet consummated); provided that, if during any such fiscal quarter of the Borrower any sale or transfer of an Unencumbered Asset, which combined with all other such sales or transfers of Unencumbered Assets during such fiscal quarter, would exceed $100,000,000 in the aggregate, then the Borrower shall promptly provide such list and a certification of the Chief Financial Officer as to the Borrower's ’s compliance with Sections 8.12 and 8.16;

Appears in 1 contract

Samples: Term Loan Agreement (New Plan Excel Realty Trust Inc)

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