Xxxxx Transaction. The Xxxxx Transaction shall have been consummated or closed into escrow contemporaneously with the Closing.
Xxxxx Transaction. The Company and Xxxxxxx Xxxxx shall have executed and delivered the Contracts to effect the Xxxxx Transaction.
Xxxxx Transaction. The Xxxxx Transaction shall have been consummated on or prior to the Closing Date substantially in accordance with the terms thereof set forth in the Xxxxx Documents, and the Seller shall have delivered to the Purchaser such certifications and/or other documents as the Purchaser may reasonably request to evidence the same.
Xxxxx Transaction. The Investor acknowledges that all three of the Investor Designees on the Company's Board of Directors approved the terms of the Senior Loan Agreements and the consummation of the transactions contemplated therein at a duly convened special telephonic meeting of the Board of Directors of the Company held on Monday, January 25, 1999, and accordingly, the restrictions of Section 6.7(f) of the Investment Agreement have been satisfied.
Xxxxx Transaction. The Managing Member has entered into an agreement with XX Xxxxxxxx Crossing, LLC, which is currently the other Member in Borrower, to purchase 100% of such other Member’s interest in Borrower, which purchase is expected to close after the Agreement Execution Date and prior to the Loan Opening Date. Such purchase shall include an amendment and restatement of the current Phase III Purchase Agreement, in a form to be reasonably approved by the Administrative Agent, and an amendment to the Ground Lease, in substantially the form previously approved by the Administrative Agent.
Xxxxx Transaction. Section 2.7 of the Loan Agreement shall be amended as of the Amendment Effective Date by deleting such Section in its entirety and replacing it with the following:
Xxxxx Transaction. The Managing Member has negotiated a transaction with XX Xxxxxxxx Crossing, LLC, which is currently the other Member in Borrower, to purchase 100% of such other Member’s interest in Borrower, which purchase is expected to close on or about the effective date of the Second Amendment to this Agreement. In addition to such purchase of membership interests in the Borrower, such transaction shall include (i) the purchase by an Affiliate of the Borrower and the Guarantor of 100% of the Phase III Parcels, (ii) a termination of the existing Phase III Purchase Agreement and the Joint Development Agreement and the replacement thereof by the new Phase III Purchase Agreement with an Affiliate of the Borrower and the Guarantor and (iii) the termination of the existing Office Lease dated June 15, 2006, as amended, of premises in Phases I and II to XX Xxxxxxxx Crossing LLC (the “Xxxxx Office Lease”), which was one of the Required Pre-Funding Leases. In connection with such transaction, the Borrower has requested the approval of the Required Lenders and the Administrative Agent, and by their execution of the Second Amendment to this Agreement, such approval is hereby given to such transaction, including specifically such termination of the Phase III Purchase Agreement and Joint Development Agreement and such termination of the Xxxxx Office Lease.”
Xxxxx Transaction. (i) All conditions precedent to the XXXXx Transaction shall have been satisfied, without waiver except with the written consent of the Administrative Agent, (ii) the XXXXx Transaction shall have been consummated in accordance with the terms of the Acquisition Agreement and applicable laws, (iii) the Base Amount (as defined in the Acquisition Agreement) paid to XXXXx under the Acquisition Agreement shall not have exceeded $62,500,000, as adjusted in accordance with the terms thereof, and (iv) the Acquisition Agreement shall be in full force and effect.
Xxxxx Transaction. The Purchaser and Xx. Xxxxx shall have consummated that certain transaction contemplated by the Xx. Xxxxx Purchase Agreement.
Xxxxx Transaction. The Seller shall have consummated the sale of a portion of its equity interests to Xx. Xxxxx.
