Aggregate Amount Funded definition
Examples of Aggregate Amount Funded in a sentence
If such independent audit establishes that the Aggregate Amount Funded did not exceed twenty percent (20%) of the Total Property Purchase Price, this Guaranty shall continue in full force and effect.
Tenant acknowledges and agrees that any advance made by Guarantor to Landlord of amounts guaranteed pursuant to that certain Amended and Restated Limited Rent Guaranty of even date herewith from Guarantor to Landlord with respect to the Existing Leases shall be deemed to be an advance made pursuant to this Guaranty for all purposes hereof and of the Pooling Agreement and the Management Agreements, and the amount of any such advance shall be included in calculating the Aggregate Amount Funded hereunder.
The parties agree that (a) the total amount of the Amount Funded shall be reduced by any such Repaid Amount; (b) such Repaid Amount shall be treated, for purposes of this Guaranty, as if it was never funded by Guarantor; and (c) such Repaid Amount shall not be included in the calculation of Aggregate Amount Funded for purposes of determining whether the Guaranty Funding Limit has been reached pursuant to Section 3.A.1 hereof.
The Aggregate Amount Funded shall be determined annually, in arrears, at the end of each Fiscal Year, except that no such determination shall be required for the Fiscal Year of Tenant which includes, or is subsequent to, the Accounting Period ending closest to September 30, 2005.
The Aggregate Amount Funded shall be determined annually, in arrears, at the end of each Fiscal Year.
The parties acknowledge that, based on the foregoing provisions, it is possible that the Guaranty Term will expire in the middle of a Fiscal Year pursuant to Section 3.A.1, but that, based on a subsequent Accounting Period or Fiscal Year true-up undertaken pursuant to Section 2.B with respect to such Fiscal Year and a resulting payment of a Repaid Amount, the Aggregate Amount Funded will again be reduced below the Guaranty Funding Limit (such occurrence, a “Retroactive Reduction Event”).
The Aggregate Amount Funded shall be determined annually, in arrears, at the end of each Fiscal Year, except that no such determination shall be required for the Fiscal Year of Tenant which includes, or is subsequent to, the Accounting Period ending closest to September 30, 2004.
If such independent audit establishes that the Aggregate Amount Funded did not equal or exceed the Guaranty Funding Limit, the Guaranty Term shall not end pursuant to Section 3.A.1, but shall continue, subject nevertheless to all of the terms and conditions hereof (including without limitation Section 3.A) and the reasonable third-party costs of such audit shall be borne by Guarantor.
To confirm that the Aggregate Amount Funded equals or exceeds the Guaranty Funding Limit, Guarantor shall send a notice (the “Guaranty Funding Limit Notice”) to Landlord, which notice shall include (a) a certificate of an officer of Guarantor affirming the accuracy and completeness of the Aggregate Amount Funded determination of Guarantor, and (b) a copy of the calculation of the Aggregate Amount Funded determination of Guarantor.