Termination of Designation. In the event the Director-Human Resources determines the circumstances that created the recruiting or retention problems for any or all classifications no longer exist, she shall advise the County Executive Officer of her findings. If the County Executive Officer concurs, he shall declare the provisions described above inoperative for such classification(s). At that time, the pay for any employee compensated at a rate above that to which he would otherwise have been entitled shall be "Y" rated and shall not be increased until the pay range for his classification exceeds the rate established for him pursuant to the provisions described above.
Termination of Designation. Once designated as secured pursuant to this Section 7, the relevant Secured Obligations shall remain secured pursuant to this Agreement until the first to occur of (i) the termination of this Agreement in accordance with Section 6.12, (ii) the payment in full of such Secured Obligations (other than contingent indemnification obligations a claim for which has not been asserted) and (iii) the delivery to the Collateral Agent of the written consent of the relevant Primary Holder Representative or Secured Party to the release of the security interest in the Collateral securing such Secured Obligations.
Termination of Designation. Once designated as secured pursuant to this Section 7, the relevant Secured Obligations shall remain secured pursuant to this Collateral Trust Agreement until the first to occur of (i) the termination of this Collateral Trust Agreement in accordance with Section 6.11, (ii) the payment in full of such Secured Obligations and (iii) the delivery to the Collateral Trustee of the written consent of the Studios constituting Majority Approval to the release of the security interest in the Collateral securing such Secured Obligations. *****Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Termination of Designation. (i) the outstanding principal balance of the Loans will not exceed the Loan Availability, (ii) the aggregate Individual UPP Values of all Special UPPs of types other than the Approved Property Types will not exceed ten percent (10%) of the Unencumbered Pool Value, (iii) no remaining Special UPP of a type other than the Approved Property Types will have an Individual UPP Value in excess of five percent (5%) of the Unencumbered Pool Value, (iv) the aggregate Individual UPP Values of all Special UPPs located outside the Approved Markets will not exceed ten percent (10%) of the Unencumbered Pool Value, (v) the Aggregate Occupancy Rate will not be less than ninety percent (90%), (vi) the aggregate Individual UPP Values of the Unencumbered Pool Properties owned by UPP Subpartnerships (whether or not such UPP Subpartnerships are Guarantor Subpartnerships) will not exceed fifteen percent (15%) of the Unencumbered Pool Value, (vii) the aggregate Individual UPP Values of the Unencumbered Pool Properties owned by UPP Subpartnerships that are not Guarantor Subpartnerships will not exceed five percent (5%) of the Unencumbered Pool Value, and (viii) the aggregate Individual UPP Values of ground leased Unencumbered Pool Properties (other than the Ground Leases (or Affiliate ground leases pursuant to Section 3.1.2(a)(i), clause (y))) will not exceed seven and one-half percent (7.5%) of the Unencumbered Pool Value.
Termination of Designation. AS UNENCUMBERED POOL PROPERTY. A Property shall cease to be included as an Unencumbered Pool Property for purposes of this Agreement if either (i) such Unencumbered Pool Property ceases to be an Eligible Property (with the termination effective immediately) or (ii) such Property is not included in an Unencumbered Pool Certificate subsequently submitted pursuant to this Agreement (with the termination effective as of the date of receipt by the Agent of such Unencumbered Pool Certificate). Notwithstanding the foregoing, no Property will be terminated as an Unencumbered Pool Property if (i) a Default or Event of Default exists or (ii) a Default or Event of Default would exist immediately after such Property is terminated as an Unencumbered Pool Property.
Termination of Designation. AS UNENCUMBERED POOL PROPERTY. A Real Property Asset shall cease to be an Unencumbered Pool Property if it shall cease to be an Eligible Property; provided, however, with respect to any Real Property Asset accepted as an Unencumbered Pool Property even though at the time of such acceptance such Real Property Asset did not meet all of the requirements of an Eligible Property (a "Non-Conforming Property"), such Real Property Asset shall cease to be an Unencumbered Pool Property if it shall cease to satisfy those requirements of an Eligible Property that it did satisfy at the time of its acceptance as an Unencumbered Pool Property. From time to time the Borrower may request, upon not less than 30 days prior written notice to the Administrative Agent and the Lenders, that an Unencumbered Pool Property cease to be an Unencumbered Pool Property. The Administrative Agent shall grant such request if all of the following conditions are satisfied:
(a) no Default or Event of Default shall have occurred and be continuing both at the time of such request and immediately after giving effect to such request; and
(b) the Borrower shall have delivered to the Administrative Agent a Compliance Certificate demonstrating on a pro forma basis, and the Administrative Agent shall have determined, that the Borrower will remain in compliance with Section 10.1 hereof after giving effect to such request and any prepayment to be made and/or the acceptance of any Real Property Asset as an additional or replacement Unencumbered Pool Property to be given concurrently with such request.
Termination of Designation. AS UNENCUMBERED POOL PROPERTY. From time to time the Borrower may request, upon not less than 5 days prior written notice to the Agent and the Lenders, that an Unencumbered Pool Property cease to be an Unencumbered Pool Property. The Agent shall grant such request if all of the following conditions are satisfied:
(a) no Default or Event of Default shall have occurred and be continuing both at the time of such request and immediately after giving effect to such request; and
(b) the Borrower shall have delivered to the Agent an Unencumbered Pool Certificate demonstrating on a pro forma basis, and the Agent shall have determined, that the outstanding principal balance of the Loans will not exceed the Maximum Loan Availability after giving effect to such request and any prepayment to be made and/or the acceptance of any Real Estate Asset as an additional or replacement Unencumbered Pool Property to be given concurrently with such request. If a Guarantor no longer owns any Real Property Asset that is an Unencumbered Pool Property nor any direct or indirect equity interest in any Guarantor that does own an Unencumbered Pool Property, then upon written request by such Guarantor, the Agent shall terminate such Guarantor's Guaranty within 5 Business Days of receipt of the Borrower's written request for such release.
Termination of Designation. Any Secured Obligations hereunder, including Secured Obligations on the Effective Date and Secured Obligations designated as secured pursuant to this Section 7, shall remain secured pursuant to this Collateral Trust Agreement until the first to occur of (i) the termination of this Collateral Trust Agreement in accordance with subsection 6.12, (ii) the payment and performance in full of such Secured Obligations, (iii) the delivery to the Collateral Trustee of the written consent of the relevant Secured Party to the release of the security interest in the Collateral securing such Secured Obligations and (iv) solely in the case of the First Priority Note Obligations, at any time on or after an Investment Grade Event Election to the extent set forth under the applicable Secured Instrument.
Termination of Designation. Once designated as Additional Debt pursuant to this Section 7, the relevant obligations shall remain secured as Additional Debt pursuant to this Collateral Trust Agreement and the Trust Security Documents until the first to occur of (i) the termination of this Collateral Trust Agreement in accordance with subsection 6.11, (ii) the payment in full of such Secured Obligations and (iii) the delivery to the Collateral Trustee of the written consent of the relevant Secured Party or Parties to the release of the security interest in the Collateral securing such Secured Obligations.
Termination of Designation. Once designated as secured pursuant to this Section 7, the relevant Secured Obligations shall remain secured pursuant to this Agreement until the first to occur of (i) the termination of this Agreement in accordance with Section 6.12, (ii) the payment in full of such Secured Obligations and (iii) the delivery to the Collateral Trustee of the written consent of the relevant Primary Holder Representative or Secured Party to the release of the security interest in the Collateral securing such Secured Obligations. Each Secured Party shall be bound by the following terms: Controlling Agreement. The Collateral Trustee shall be the secured party under the Trust Security Documents and shall hold the Collateral for the benefit of all the Secured Parties. The provisions contained herein concerning the Collateral and Proceeds shall be controlling, notwithstanding the terms of any agreement between any Secured Party and any Grantor under any other document or instrument between such parties, whether or not any bankruptcy or other insolvency proceeding shall at any time have been commenced with respect to any Grantor.
