Replacement Property. All Hypothecated Property which is acquired, transformed or manufactured after the date of this Deed shall be charged by the Hypothec, (i) whether or not such property has been acquired in replacement of other Hypothecated Property which may have been alienated by the Grantor in the ordinary course of business, (ii) whether or not such property results from a transformation, mixture or combination of any Hypothecated Property, and (iii) in the case of Securities, whether or not they have been issued pursuant to the purchase, redemption, conversion or cancellation or any other transformation of the Securities charged hereunder and without the Attorney being required to register or re- register any notice whatsoever, the object of the Hypothec being a universality of present and future property.
Replacement Property. Replacement Property" means the parcel or parcels of real property identified on Exhibit B or that Exchanger will identify to be held either for productive use in a trade or business or for investment, and that Qualified Intermediary will acquire and convey (or cause to be conveyed) to Exchanger in exchange for Exchanger's beneficial interest in the Relinquished Property in accordance with this Agreement.
Replacement Property. Borrower shall at all times use commercially reasonable efforts to identify a Replacement Property and enter into a Replacement Property Transaction as soon as reasonably practicable subject to and in accordance with the provisions of Section 2.3.1 hereof.
Replacement Property. 29 6.8 Employment Offers.............................................29 6.9
Replacement Property. Within ninety (90) days after the Closing Date, the Company will make commercially reasonable efforts to purchase or lease real property in Houston, Texas that has, among other things, adequate bulk storage, improved office and warehouse space, paved parking, adequate security and environmental improvements, to facilitate Buyer's post-closing operations (the "Replacement Property"), such Replacement Property to be satisfactory to Buyer. Immediately after the Company's purchase or lease of the Replacement Property, the Company will lease or sublease to Buyer, on commercially reasonable terms, the Replacement Property to serve as Buyer's principal place of business in Houston, Texas, such terms to include a commercially standard indemnity from Buyer in favor of the Company in respect of liabilities directly related to Buyer's lease or sublease of the Replacement Property to be agreed prior to occupation of the Replacement Property.
Replacement Property. 18 1.97 Reservation System .................................................. 18 1.98 Reserve Account ..................................................... 18 1.99 Reserve Percentage .................................................. 18 1.100 Residual Distribution .............................................. 18 1.101 Restricted Area .................................................... 18 1.102 Restricted Period .................................................. 19 1.103 Rooms Revenue ...................................................... 19 1.104 RST ................................................................ 19 1.105 Sales Tax .......................................................... 19 1.106 Severance Date ..................................................... 19 1.
Replacement Property. A. Notwithstanding any contrary provision of this Agreement, HT shall have the right to sell the units designated as Series II Units on EXHIBIT A for a net purchase price per Series II Unit at least equal to the then purchase price for a new Series III Unit. A Series III Unit shall mean a Unit manufactured by Florida Structures in accordance with the specifications designated FL26-00. All sales proceeds from the sale of each Series II Unit shall be used solely to purchase a new Series III Unit of the same type.
B. All assets purchased by HT with revenue from the Business, including, but not limited to, proceeds from the sale of any of the Licensed Assets and all assets purchased with the proceeds from insurance policies on any of the Licensed Assets (collectively "Replacement Property") shall be the property of OS and titled in OS' name and shall constitute a part of the Licensed Assets for all purposes of this Agreement.
C. HT shall not obtain any loan or financing, in whatever form or however structured, that is secured by any form of lien on any of the Tangible Assets, including any Replacement Property, except with the prior written consent of OS, which consent may be withheld or granted subject to such conditions as OS shall determine in its sole discretion. HT shall not obtain any purchase money financing the proceeds of which are to be used solely to acquire new assets, except with the prior written consent of OS, which consent shall not be unreasonably withheld.
Replacement Property. As part of Lessee’s obligations under this Article 8, Lessee shall be responsible to maintain all Lessor Personal Property and all Lessee Personal Property in good condition, ordinary wear and tear excepted. Subject to the foregoing, Lessee shall repair and replace such property consistent with prudent industry practice for licensed skilled nursing facilities. If any of Lessor Personal Property is replaced as a result of its (i) having been taken in condemnation, Lessee shall be entitled to that portion of any award made for the replaced property or (ii) having been lost, stolen, damaged, or destroyed, Lessee shall be entitled to that portion of any insurance proceeds paid with respect to the replaced property. Any replaced property may be removed from the Leased Property. The proceeds of the sale of any replaced Lessor Personal Property shall be paid to Lessee and Lessee may trade in any worn out, obsolete or unusable replaced Lessor Personal Property on the purchase of any replacement property. Lessor shall execute, upon written request from Lessee, any and all bills of sale, assignments or other documents necessary or required to dispose of any replaced Lessor Personal Property in accordance with this Section 8.4. Anything herein to the contrary notwithstanding, Lessee shall have no obligation to replace, and Lessee may from time to time during the Term of this Lease discard and not replace, any inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary Lessee Personal Property or Lessor Personal Property forming a non-essential part of the Leased Property if in the reasonable business judgment of Lessee it is not cost effective to do so.
Replacement Property. Seller acknowledges that Purchaser may identify this property in a tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code and section 1.1031 of the treasury Regulations and that Purchaser’s rights, title and interests (but not obligation) pursuant to this Purchase Agreement will be assigned to Purchaser’s Qualified Intermediary, for the purposes of completing Purchaser’s 1031 Exchange transaction.
Replacement Property. Before the Closing Date, Seller shall have closed escrow and purchased certain real property located in the Del Mar Heights Corporate Center acceptable to Seller in Seller's sole and absolute discretion (the "Replacement Property"). Such closing shall be made by Seller, if at all, in Seller's sole and absolute discretion and is currently anticipated to occur on or before June 30, 2003; and
