Examples of CCPT IV in a sentence
Borrower shall not declare, make or pay any dividend or distribution if after giving effect thereto an Event of Default shall have occurred and be continuing; provided, however, notwithstanding the foregoing, Borrower may make distributions in the amount necessary to maintain the tax status of CCPT IV as a real estate investment trust under Section 856 of the Code.
Notwithstanding anything in this Agreement to the contrary, Borrower and CCPT IV will be required to timely deliver such financial information as may be necessary to promptly and accurately calculate any financial ratio or covenant required under this Agreement even if such information is not specifically enumerated herein.
Borrower and CCPT IV shall be deemed to have complied with the foregoing requirements, if CCPT IV provides to Administrative Agent CCPT IV’s Form 10-Q that is filed with the SEC within the time frame set forth above.
CCPT IV Pool II (Loan No. 28) Single tenant at each of Stuttgart, Arkansas and Sxxxxxx, West Virginia properties (Tractor Supply) has Right of First Refusal (ROFR) to purchase the subject property if a bona fide offer is received that the borrower is otherwise willing to accept; Each ROFR is not extinguished by foreclosure; however, each ROFR does not apply to foreclosure or deed in lieu thereof.
As of the end of each fiscal quarter of CCPT IV commencing with the fiscal quarter ending June 30, 2012, the ratio of EBITDA for the four (4) fiscal quarters ending on such date to Consolidated Debt Service for the four (4) fiscal quarters ending on such date shall not be less than 1.5:1.00.
Borrower and CCPT IV shall be deemed to have complied with the foregoing requirements, if CCPT IV provides to Administrative Agent CCPT IV’s Form 10-K that is filed with the SEC within the time frame set forth above.
Administrative Agent shall have reasonably determined that no Material Adverse Change has occurred with respect to Borrower or CCPT IV, or when taken as a whole, the Subsidiary Guarantors, since the most recent financial statements and reports provided to Administrative Agent.
Borrower shall also provide such other information concerning Borrower, CCPT IV, Subsidiary Guarantor, the Qualified Properties, and the assets, business, financial condition, operations, prospects and results of operations of Borrower as Administrative Agent reasonably requests from time to time.
Commencing with the filing of its first tax return, CCPT IV shall have qualified, and shall thereafter remain qualified, as a real estate investment trust under Section 856 of the Code.
Unless Administrative Agent consents in writing, neither Borrower nor any Subsidiary Guarantor shall permit CCPT IV to amend, modify, restate, supplement or terminate any Formation Document in any manner that would adversely affect the rights of Administrative Agent or any Lender in any material respect, as determined by Administrative Agent in its sole but reasonable business judgment discretion.