Unsold Units. With respect to Unsold Units owned by a Loan Party, eighty percent (80%) of the Unit Costs incurred by a Loan Party with respect thereto; provided that Unsold Units shall be excluded from computation in the Borrowing Base under this subparagraph (d) on and after that date which is one (1) year from the date of the issuance of a certificate of occupancy for each such Unsold Unit; plus
Unsold Units. With respect to Unsold Units as to which (90) days have elapsed from the Completion Date for the Improvements in which such Units are located, fifty percent (50%) of the Adjusted Project Costs incurred by Borrower with respect thereto; provided, that such Adjusted Project Costs shall be excluded from computation in the Borrowing Base under this subparagraph (c) on and after the date that is one (1) year from the Completion Date; provided, however, that:
(i) the cost basis for any Borrowing Base asset described in subparagraphs (b) and (c) above shall not exceed its net realizable value determined in accordance with GAAP;
(ii) for purposes of the cost calculations in the Borrowing Base, capitalized costs such as corporate general and administrative costs and marketing costs shall be excluded; and
(iii) the portion of the Borrowing Base attributable to subparagraph (c) above shall not at any time exceed fifteen percent (15%) of the total amount of the Borrowing Base.
Unsold Units. Permit the number of Unsold Units existing as of the end of any fiscal quarter to exceed 25% of the number of Unit Closings within the four fiscal quarters ending on the last day of such fiscal quarter.
Unsold Units. The Purchaser shall not interfere with the completion by the Vendor of other units and/or the common property. The Vendor shall complete the common property and the other units, according to its schedule of completion, and closing with respect to the Unit herein shall not be delayed on that account. Until all of the units are completed and sold, the Vendor may make such use of the unsold units and the common property as may facilitate such completion and sale, including, but not limited to, maintenance of a sales office, the display of promotional and sales signs, and the inspection of units by prospective purchasers. The Vendor may from time to time lease any unsold unit(s). 未出售单位 买方不得干扰由卖方和/或共同财产与其他单位的完成。供应商应按其计划完成公共财产和其他单位,有关此单位不应由此缘故而延误结束。卖方可能会利用未售出单位及公共财产完成促销, 直至所有单位完成及售出, 包括但不限于, 维护一个销售办公室,展示促销和销售标志、和潜在买家视察单位。卖方可能不时租赁任何未售出的单位。
Unsold Units. In the event of the condominium being formed and registered before the sale and disposal of all the Units in the building, all the power, authorities and rights of the Unit Purchasers herein shall be always subject to the Developer over all, right to dispose of unsold Units and all other rights thereto. It is specifically agreed between the parties hereto that for the unsold Units the Developer or Owner herein shall and will not be liable or required to contribute towards the common expenses, or maintenance charges or any amount under any head towards the share in the common expenses in respect of the unsold premises / Units.
Unsold Units. Purchaser acknowledges and agrees that any Units purchased by Purchaser pursuant to Section 4 of this Fourth Amendment shall be deemed to be included in the Rental Program for the purpose of Section 24 of the Third Amendment.
Unsold Units. In the event that on March 31, 2007, owners of fewer than 200 Units have entered into Rental Agreements and Seller owns Units that have not been conveyed to unaffiliated third parties, Seller agrees to make any such Units available for use by Purchaser or Purchaser’s affiliate as Hotel guest rooms in accordance with the terms of Exhibit “L,” for so long as Seller or any of Seller’s affiliates own any such Units and fewer than 200 Units are in the Rental Program. Thereafter, Seller, in Seller’s sole discretion, may continue to make unsold Units available to Purchaser or its affiliate for use in accordance with Exhibit “L.” This provision shall survive the Closing.
Unsold Units. The Seller reserves the right in order to facilitate the marketing of units and to accommodate the actual cost of improvements to raise or lower the prices of unsold units, provided that none of the foregoing shall:
(a) Increase the price of the unit being sold hereunder;
(b) Diminish or increase the percentage of undivided interest and the voting rights of the unit being sold hereunder; and
(c) Diminish or increase the percentage of undivided interest and the voting rights of units already sold.
Unsold Units. With respect to Units completed or under construction on Developed Lots that are not covered by a Housing Purchase Contract, eighty-five percent (85%) of the Unit Costs incurred by the Borrower with respect thereto. Unsold Units shall be: (i) deemed "under construction" and included for computation in the Borrowing Base under this subparagraph 4 (subject to other limitations set forth in this Agreement on inclusion of items in the Borrowing Base) at such time the Borrower has commenced construction of the foundation of such Unit; and (ii) excluded from computation in the Borrowing Base under this subparagraph 4 on and after that date which is nine (9) months from the date of the completion of the Unsold Unit (as evidenced by a certificate of occupancy or other evidence of substantial completion of the Unit) except with respect to model homes permitted pursuant to Section 11.5 hereof; plus
Unsold Units. In addition to the Product ------------ Payments referred to in Article 6.1, Novartis shall pay Organogenesis *** per unit for each unit of Product ordered by Novartis or its Affiliates or sublicensees but not sold for commercial use (each such unit, an "Unsold Unit"). However, if in any Amended Contract ----------- Year, the number of Unsold Units ordered by Novartis and its Affiliates and sublicensees exceeds the Annual Limit (as defined below), then Novartis shall pay Organogenesis *** per unit (rather than *** per unit) for each Unsold Unit in excess of the Annual Limit. As used herein, "Annual Limit", for any Amended Contract ------------ Year, means the greater of (1) *** units or (2) *** of the aggregate number of units of Product ordered by Novartis and its Affiliates and sublicensees in such Amended Contract Year for commercial and non-commercial use. For clarification purposes, Unsold Units shall not include units provided at no additional cost and units provided at a rate of *** per unit in accordance with Article 12.5, but shall include returns of units originally shipped for commercial use other than returns of defective units. Payments for Unsold Units pursuant to this Article 6.3, as well as any payment for units provided for non-commercial use pursuant to Article 12.5, shall be made monthly within thirty (30) days after the end of each applicable month.