Transaction Summary. All disbursements and repayments of Indebtedness shall be posted on Lender's accounting records. Periodically, Lender shall send Borrower a transaction summary, statement or a similar loan accounting. If Borrower fails to object to the accounting in writing within 30 days of its mailing by Lender, Borrower shall have waived any right to object to the accuracy of the accounting and the accounting may be admitted into evidence by Lender for the purpose of establishing the balance due Lender in any legal proceeding arising between the parties.
Transaction Summary. All disbursements and repayments shall be posted on Lender's accounting records. In its sole discretion, Lender may apply any payment received from or on behalf of Borrower and any proceeds of Collateral to interest, principal, or any part of the Indebtedness. Any payment received by Lender after Lender has closed its books for the day will be applied on the next business day. Periodically, Lender shall send Borrower a transaction summary, statement or a similar loan accounting. If Borrower fails to object to this accounting in writing within 30 days of its mailing by Lender, Borrower shall have waived any right to object to the accounting’s accuracy and the accounting may be admitted into evidence by Lender to establish the balance due Lender in any legal proceeding arising between the parties.
Transaction Summary. The following summary of the transaction is intended for general information purposes. The specific terms of the transaction are explained in detail elsewhere in this Agreement. Capitalized terms used in this summary are defined in Article II. The Servicer has previously sold automobile retail installment sale contracts to [ ] and has continued to service those contracts. The Depositor has caused those contracts to be transferred on the date hereof to the Issuer, and the Servicer will continue to service those contracts pursuant to this Agreement.
Transaction Summary. The Transaction Summary shall have been attached as Annex C hereto; and
Transaction Summary. Capitalized terms used in this Exhibit A and not defined in this Exhibit A shall have the meanings assigned to such terms in the Term Loan Agreement as in effect on the Amendment No. 2
Transaction Summary. The implied transaction value is $1.3 billion and is comprised of approximately $94 million in cash, approximately 49.1 million Apple Hospitality common shares issued to Apple Ten shareholders and the extinguishment or assumption of approximately $239 million in debt (as of March 31, 2016). Under the terms of the merger agreement, Apple Ten’s shareholders would receive $1.00 in cash per each Apple Ten “Unit” (a Unit consists of one common share and one series A preferred share) and each Unit of Apple Ten would be converted into a fixed exchange ratio of 0.522 Apple Hospitality common shares. Additionally, each Apple Ten Series B convertible preferred share would receive the same consideration on an as converted basis. Based on Apple Hospitality’s 20 Day VWAP ending April 12, 2016 of $19.49 per share, the total per Unit consideration equates to an implied offer price of $11.17 per Apple Ten Unit, including the $1.00 cash per Unit consideration. The merger agreement also provides Apple Ten with a go-shop period, during which Apple Ten will actively solicit alternative proposals from third parties for the next 45 days concluding at 11:59 pm on May 28, 2016. The merger agreement provides for Apple Ten to pay a termination fee of $5 million (plus expenses not to exceed $3 million) to Apple Hospitality if Apple Ten terminates the merger agreement in connection with a superior proposal that arises during the go-shop period, and a termination fee of $25 million if Apple Ten terminates the merger agreement in connection with a superior proposal that arises following the go-shop period. There can be no assurance that this process will result in a superior proposal. Apple Ten does not intend to disclose developments with respect to the solicitation process unless and until its Board of Directors has made a decision with respect to any potential superior proposal. At closing, Apple Hospitality shareholders are expected to own approximately 78% of the Pro Forma Combined Company and Apple Ten shareholders are expected to own approximately 22%. Xxxxxx Xxxxxx, Apple Hospitality’s President and Chief Executive Officer, said, “We are pleased to have the opportunity to acquire this highly complementary portfolio of leading Hilton and Marriott branded select service hotels, while preserving our conservative capital structure. The merger further strengthens our presence in key markets and expands our geographic footprint to include locations in 94 MSAs throughout 33 states. Th...
Transaction Summary. All disbursements and repayments shall be posted on Lender's accounting records. In its sole discretion, Lender may apply any payment received from or on behalf of Borrower and any proceeds of Collateral first to fees, and any other costs incurred by Lender and payable by Borrower under Section 13 of hereunder , then to interest, principal, or any part of the Indebtedness,. Any payment received by Lender after Lender has closed its books for the day will be applied on the next business day. Periodically, Lender shall send Borrower a transaction summary, statement or a similar loan accounting. If Borrower fails to object to this accounting in writing within 30 days of its mailing by Lender, Borrower shall have waived any right to object to the accounting’s accuracy and the accounting may be admitted into evidence by Lender to establish the balance due Lender in any legal proceeding between the parties.
Transaction Summary. 10.1 A transactions summary showing details for transactions made (including withdrawals, deposits, incoming and outgoing payments, interest paid and other account activity as may be applicable) on your open Account(s) is available to you at any time from your online Account. This will show transactions as they have been processed and will be stored on the Bank’s systems.
Transaction Summary. The proposed transaction consists of [***] of distributed fuel cell generating technology across 72 sites in California, New York, New Jersey and Connecticut under 15-year “take-or-pay” tolling style offtake agreements with [***]. The host sites for the fuel cell stacks will be various retail locations and corporate offices for the two entities and will require all energy produced by the cells to be purchased over the life of the energy server use and license and energy system use agreements (collectively, the ESAs). The project’s ownership is split 90%/10% between the tax equity investor, a wholly-owned subsidiary of Exelon Corporation (rated ‘BBB+’ with a Negative Watch) and Clean Technologies 2014, LLC (a Bloom Energy subsidiary). Equity contributions from the Exelon investing entity will carry a parent guarantee from Exelon Corporation. Under the ESAs with [***] as well as the PUMA, the project will be constructed and operated by Bloom, creating a large reliance on Bloom as a key counterparty. Bloom is a private US technology company headquartered in California with substantial experience in the manufacturing, installation and operation of solid oxide fuel cells using its own proprietary technologies. Fitch’s base case expectation for operational performance reflects capacity factors of 95% consistent with the warranty under the PUMA. The base case scenario results in an average DSCR of [***] with a minimum of [***] in 2025. The Fitch rating case reflects further sensitivities with a 85% capacity factor and 10% increase to non-fixed O&M costs such as property taxes, insurance, and other fees. The rating case resulted in an average DSCR of [***] with a minimum of [***] in 2025.
Transaction Summary. As the Transaction relates to the Sites, the entities involved include , and . The Agreement enclosed details the basics of the Transaction. The Agreement includes provisions requiring to act on behalf of in relation to the Sites in a certain fashion. Also included in the Agreement is a Power of Attorney that contains additional details on when and how may act on behalf of . The stand-alone Power of Attorney is attached to this letter. With respect to each Site, each applicable shall retain its right, title and interest in, to and under such Site in accordance with and subject to the terms of the Agreement, and shall manage and operate the Included Site pursuant to the terms of the Agreement. As stated above, an entity remains the lessee party under the lease and the terms of the lease, Agreement and Limited Power of Attorney govern responsibilities related to the Sites.
