Other Dispositions. Notwithstanding the foregoing provisions of this Article X, so long as an Event of Default shall have occurred and be continuing, any amount that would otherwise be payable to or for the account of, or that would otherwise be retained by, Lessee pursuant to this Article X shall be paid to the Agent (or Lessor if the Loans have been fully paid) as security for the obligations of the Lessees under this Lease and, at such time thereafter as no Event of Default shall be continuing, such amount shall be paid promptly to the related Lessee to the extent not previously applied by Lessor or the Agent in accordance with the terms of this Lease or the other Operative Documents.
Other Dispositions. (a) Net Casualty Proceeds or Net Condemnation Proceeds, as the case may be, in excess of $5,000,000.00 (as such amount may be increased by increases in the CPI, as calculated in the manner set forth in Section 8.3(a)) (each, as applicable, the “Restoration Fund”) in respect of such Casualty or Condemnation, as the case may be, shall be paid to the Indenture Trustee for release to Lessee as restoration progresses, subject to and in accordance with Section 12.4(b). Lessor and Lessee hereby authorize and direct (i) any insurer to make payment under policies of casualty insurance required to be maintained by Lessee pursuant to Section 9.1(a) directly to the Proceeds Trustee instead of to Lessor and Lessee jointly, and (ii) any Governmental Agency to make payments of any Net Condemnation Proceeds directly to the Indenture Trustee instead of to Lessor and/or Lessee; and each of Lessee and Lessor hereby appoints the Proceeds Trustee as its attorney-in-fact to endorse any draft therefor for the purposes set forth in this Lease. In the event that a Casualty shall occur at such time as Lessee shall not have maintained property or casualty insurance to the extent required by Section 9.1(a) (i.e., Lessee is self insuring), Lessee shall, within thirty (30) days of the Casualty, pay to the Indenture Trustee the amount of the proceeds that would have been payable had such insurance been in effect and such amount shall constitute a part of the Restoration Fund for all purposes hereof. Notwithstanding the foregoing provisions of this Article 12, so long as a Lease Event of Default shall be continuing, any amount that would otherwise be payable to or for the account of Lessee pursuant to this Article 12 shall be paid to the Indenture Trustee (or to Lessor when the Debt Documents shall not be in effect) as security for the obligations of Lessee under this Lease and, at such time thereafter as the Lease Event of Default shall have been waived or no longer be continuing, unless Lessor shall be exercising its remedies under Section 17.1, such amount shall be paid promptly to Lessee or the Indenture Trustee in accordance with this Lease (subject to other terms hereof).
(b) The Restoration Fund, if any, shall be disbursed by the Indenture Trustee by wire transfer of immediately available funds within five (5) Business Days of the last submission made pursuant to and in accordance with the following conditions (provided that there shall be no more than one disbursement during each...
Other Dispositions. 16 10.10 No Rent Abatement ................................................. 17 10.11
Other Dispositions. Notwithstanding the foregoing provisions of this Section 9, if a Default or an Event of Default shall have occurred and be continuing, any amount that would otherwise be payable to or for the account of, or that would otherwise be retained by, the Lessee pursuant to Section 10 or this Section 9 relating to the Undivided Interest or the Ground Lease Property shall be paid to the Lessor as security for the obligations of the Lessee under this Facility Lease and, at such time thereafter as no Default or Event of Default shall be continuing, such amount shall be paid promptly to the Lessee unless this Facility Lease shall have theretofore been declared to be in default, in which event such amount shall be disposed of in accordance with the provisions hereof, of the Indenture (to the extent then in effect) and of the Trust Agreement.
Other Dispositions. Notwithstanding the foregoing provisions of this Article, so long as an Event of Default shall have occurred and be continuing, any amount that would otherwise be payable to or for the account of, or that would otherwise be retained by, Lessee pursuant to this Article shall be paid to Lessor as security for the obligations of Lessee under this Lease and, at such time thereafter as no Event of Default shall be continuing, such amount shall be paid promptly to Lessee to the extent not previously applied by Lessor in accordance with the terms of this Lease or the other Operative Documents.
Other Dispositions. Any amounts not payable to or retainable by Lessee pursuant to this Section 11 or Section 12 hereof because a Default or an Event of Default shall have occurred and be continuing shall be held by Lessor and shall be paid over to Lessee when such Default or Event of Default shall cease to be continuing, except that if Lessor shall have theretofore declared this Lease to be in default pursuant to Section 18 hereof, such amounts shall be retained by Lessor and disposed of in accordance with the provisions thereof.
Other Dispositions. 16 Section 10.10 No Rent Abatement.................................... 16
Other Dispositions. The completion of the purchase pursuant to Article 540 of the civil code, following subsequent competitive bidding, will only take place at the time of full payment of the price and tax charges, including commissions due to ASTE BUSINESS. The authorization to withdraw the goods will take place only after completion of the sale, which will take place in front of a notary chosen by the Judicial Liquidator with expenses and tax charges to be paid by the contractor. In the event of non-fulfillment of the payment of tax charges and the costs for the stipulation of the definitive sale contract by the notary, the award will be revoked and the successful bidder will lose the sums paid. The Delegated Judge, pursuant to art. 108 L.F., can suspend, by a justified decree, the sale operations if there are serious and justified reasons and prevent the completion of the sale when the price is considerably lower than the right one, taking into account the market conditions. The cancellation of the prejudicial formalities that may be imposed on the goods will take place at the expense of the composition procedure pursuant to art. 108 L.F. with a decree issued by the Delegated Judge after the final sale was executed by the notary and the price was paid in full. This notice does not constitute an offer to the public and does not imply any obligation for the procedure This notice will publish by the following formalities to be carried out 30 days before the deadline for collecting offers on:
Other Dispositions. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, and no Material Adverse Effect has occurred or will result therefrom, Company or any Subsidiary may consummate any Asset Sale; provided that: (i) (x) the consideration for each such Asset Sale represents fair value and (y) any non-cash consideration does not exceed 25% of such consideration or such non-cash consideration otherwise qualifies as a Permitted Investment (with earn-outs and other deferred consideration not treated as part of consideration); (ii) the cumulative aggregate value of the assets subject to Asset Sales does not exceed $10,000,000 in any one fiscal year (excluding for purposes of computing such maximum amount conveyances of mere record title to any asset to a Governmental Authority to save taxes where Company or any Subsidiary has an option to require reconveyance of such property for a nominal price) for all such transactions completed during any fiscal year and (iii) to the extent such Asset Sale includes ABL Priority Collateral, the Borrowers provide the Agent an updated pro forma Borrowing Base Certificate as required by this Agreement.
Other Dispositions. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, and no Material Adverse Effect has occurred or will result therefrom, the Borrower or any Subsidiary may consummate any Asset Sale, provided that: (i) the consideration for each such Asset Sale represents fair value and any non-cash consideration qualifies as a Permitted Investment hereunder and the aggregate of all such non-cash consideration does not exceed $3,500,000 over the term of this Agreement; and (ii) the cumulative aggregate value of the assets subject to Asset Sales does not exceed $1,000,000 in any one fiscal year (excluding for purposes of computing such maximum amount conveyances of mere record title to any asset to a Governmental Authority to save taxes where Borrower or any Subsidiary has an option to require reconveyance of such property for a nominal price) for all such transactions completed during any fiscal year.
