USE THE FOLLOWING Sample Clauses

The "Use the Following" clause directs the reader to apply specific terms, conditions, or language provided elsewhere in the document or referenced materials. In practice, this clause may instruct parties to incorporate a particular definition, procedure, or set of rules when interpreting or executing a section of the agreement. Its core function is to ensure consistency and clarity by mandating the use of standardized or pre-approved content, thereby reducing ambiguity and the risk of conflicting interpretations.
USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator Lease or other agreement with Borrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __ (“Master Tenant”) pursuant to that certain [Name of Master Lease], dated as of __ __, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title of Operator sub-lease with Master Tenant] dated as of __ __, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]
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USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator’sOperator Lease or Agreement other agreement with Borrower or Master Tenant] (“], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”), and ”)] [IF THERE IS A MASTER LEASE,
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USE THE FOLLOWING. Consolidated Tangible Net Worth as of the beginning of the quarter $ __________
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Related to USE THE FOLLOWING

  • Check one of the following [_] The present value of the anticipated tax liabilities associated with holding the Certificate, as applicable, does not exceed the sum of: (i) the present value of any consideration given to the Transferee to acquire such Certificate; (ii) the present value of the expected future distributions on such Certificate; and (iii) the present value of the anticipated tax savings associated with holding such Certificate as the related REMIC generates losses. For purposes of this calculation, (i) the Transferee is assumed to pay tax at the highest rate currently specified in Section 11(b) of the Code (but the tax rate in Section 55(b)(1)(B) of the Code may be used in lieu of the highest rate specified in Section 11(b) of the Code if the Transferee has been subject to the alternative minimum tax under Section 55 of the Code in the preceding two years and will compute its taxable income in the current taxable year using the alternative minimum tax rate) and (ii) present values are computed using a discount rate equal to the short-term Federal rate prescribed by Section 1274(d) of the Code for the month of the transfer and the compounding period used by the Transferee. [_] The transfer of the Certificate complies with U.S. Treasury Regulations Sections 1.860E-1(c)(5) and (6) and, accordingly, (i) the Transferee is an “eligible corporation,” as defined in U.S. Treasury Regulations Section 1.860E-1(c)(6)(i), as to which income from the Certificate will only be taxed in the United States; (ii) at the time of the transfer, and at the close of the Transferee’s two fiscal years preceding the year of the transfer, the Transferee had gross assets for financial reporting purposes (excluding any obligation of a person related to the Transferee within the meaning of U.S. Treasury Regulations Section 1.860E-1(c)(6)(ii)) in excess of $100 million and net assets in excess of $10 million; (iii) the Transferee will transfer the Certificate only to another “eligible corporation,” as defined in U.S. Treasury Regulations Section 1.860E-1(c)(6)(i), in a transaction that satisfies the requirements of Sections 1.860E-1(c)(4)(i), (ii) and (iii) and Section 1.860E-1(c)(5) of the U.S. Treasury Regulations; and (iv) the Transferee determined the consideration paid to it to acquire the Certificate based on reasonable market assumptions (including, but not limited to, borrowing and investment rates, prepayment and loss assumptions, expense and reinvestment assumptions, tax rates and other factors specific to the Transferee) that it has determined in good faith. [_] None of the above.

  • Definitions and Basic Provisions The following definitions and basic provisions shall be used in conjunction with and limited by the reference thereto in the provisions of this lease:

  • Additional Defined Terms As used herein, the following defined terms shall have the following meanings with respect to the Notes only:

  • Definition of the Terms “Business Day”, “Affiliate” and “Subsidiary”. For purposes of this Agreement, (a) “business day” means each Monday, Tuesday, Wednesday, Thursday or Friday that is not a day on which banking institutions in New York are generally authorized or obligated by law or executive order to close, and (b) “affiliate” and “subsidiary” have the meanings set forth in Rule 405 under the Securities Act.

  • Additional Definitions The following terms have the meanings given below: