Transfers of Unencumbered Assets. Neither the Borrower nor any of its Qualifying Investment Affiliates shall transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under SECTION 7.16) an Unencumbered Asset (excluding its Non-industrial Properties) without the prior written consent of Lenders holding 51% or more of the Aggregate Commitment if such Unencumbered Asset, together with any other Unencumbered Assets (excluding the Non-industrial Properties) which have been disposed of during the period of four fiscal quarters ending with the quarter during which such transfer occurs, have a value which exceeds 20% of the Value of Unencumbered Assets (as determined at the beginning of such four quarter period and increased to reflect the acquisition of Unencumbered Assets during such four quarter period) or if such transfer would result in a violation of the covenants contained in SECTIONS 7.20 and 7.21.
Transfers of Unencumbered Assets. Transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under Section 9.6) an Unencumbered Asset without the prior written consent of the Required Lenders if the Value of such Unencumbered Asset, together with the Value of any other Unencumbered Assets which have been transferred or disposed of during the then-current fiscal quarter and the immediately preceding three (3) full fiscal quarters, would exceed thirty percent (30%) of the sum of the Value of Unencumbered Assets at the beginning of such period plus the increase therein as a result of all Projects added to Unencumbered Assets during such period.
Transfers of Unencumbered Assets. Transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under Section 9.6) an Unencumbered Asset without the prior written consent of the Required Lenders if the Value of such Unencumbered Asset, together with the Value of any other Unencumbered Assets which have been transferred or disposed of during the then-current fiscal quarter and the immediately preceding three (3) full fiscal quarters, would exceed twenty percent (20%) of the sum of the Value of Unencumbered Assets at the beginning of such period plus the increase therein as a result of all Projects added to Unencumbered Assets during such period, provided that such percentage shall be increased to twenty-five percent (25%) for such period if the aggregate Value of Unencumbered Assets in the Exit Markets which are sold during such period exceeds five percent (5%) of such sum.
Transfers of Unencumbered Assets. Transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under clauses (i) through (v) of Section 9.6) an Unencumbered Asset without the prior written consent of the Required Lenders if the Value of such Unencumbered Asset, together with the Value of any other Unencumbered Assets which have been transferred or disposed of during the then-current fiscal quarter and the immediately preceding three (3) full fiscal quarters, would exceed the sum of (i) fifteen percent (15%) of the Capitalization Value at the beginning of such period plus (ii) the Capitalization Value attributable to Unencumbered Assets acquired (and Projects first qualifying as Unencumbered Assets) after the beginning of such period, provided that any sale of One Xxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx xxxll be excluded for purposes of all such calculations. All such calculation periods shall begin on the Agreement Execution Date and shall not include periods prior thereto.
Transfers of Unencumbered Assets. 48 9.6 LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 9.7 REGULATION U. . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 9.8
Transfers of Unencumbered Assets. 82 9.6 Liens...................................................................................................82 9.7 Regulation U............................................................................................83 9.8 Mergers and Dispositions................................................................................83 9.9 Negative Pledge.........................................................................................83 9.10 Variable Rate Debt....................................................................................83 9.11 Borrower's Partnership Agreement......................................................................83 9.12 General Partner's Assets..............................................................................84
Transfers of Unencumbered Assets. Sell or otherwise dispose of (other than the creation or continuance of Permitted Liens) any Properties or other assets or any interest therein, if such Property or other assets, together with all other assets which have been transferred or disposed of from the date hereof to such date, exceeds twenty percent (20%) of the Gross Asset Value of the Consolidated Group as of the date hereof.
Transfers of Unencumbered Assets. 62 9.6 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 9.7 Regulation U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 9.8 [Intentionally Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 9.9 [Intentionally Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 9.10 Indebtedness and Cash Flow Covenants . . . . . . . . . . . . . . . . . . . . 64 9.11
Transfers of Unencumbered Assets. Transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under Section 9.6) an Unencumbered Asset without the prior written consent of the Majority Lenders if the Value of such Unencumbered Asset, together with the Value of any other Unencumbered Assets which have been transferred or disposed of during the same period, exceeds the following maximum amounts:
(i) for the period from the Agreement Execution Date through the earlier of (A) the date that the REMIC Loan becomes Defeased REMIC Debt and (B) a date six (6) months after the Agreement Execution Date, a maximum of $90,000,000; and
(ii) for a period beginning at the end of the period described in clause (i) and ending on the last day of the fourth full fiscal quarter of the Borrower thereafter and for subsequent periods ending on the last day of each such fiscal quarter thereafter and consisting of the immediately preceding four (4) full fiscal quarters, a maximum of twenty percent (20%) of the sum of the Value of Unencumbered Assets at the beginning of such period plus the increase therein as a result of all Projects added to Unencumbered Assets during such period.
Transfers of Unencumbered Assets. Neither the Borrower nor any of its Qualifying Investment Affiliates shall transfer or otherwise dispose of (other than the creation or incurrence of Liens permitted under Section 7.16) an Unencumbered Asset (excluding its Non-industrial Properties and Presold Assets Under Development) without the prior written consent of the Required Lenders if the transfer or disposition of such Unencumbered Asset, together with the transfer or disposition of any other Unencumbered Assets (excluding the Non-industrial Properties and Presold Assets Under Development) which have been disposed of during the period of four fiscal quarters ending with the quarter during which such transfer occurs, would cause the Value of Unencumbered Assets to decrease by more than 20% during such four quarter period, after giving effect to the Value of Unencumbered Assets acquired or disposed of during such period or if such transfer would result in a violation of the covenants contained in Sections 7.20 and 7.21.
