CMBS Properties definition
Examples of CMBS Properties in a sentence
Franchising will be responsible for assuming all Liabilities constituting accounts payable of Choice and its Subsidiaries as of the Distribution Date (other than those relating to the CMBS Properties) (the "Choice Payables"), so long as such assumption would not cause the shareholders' equity of Franchising as of the Distribution Date (as determined in accordance with GAAP) (the "Franchising Equity") to be less than $40,000,000.
The right, title and interest of each Grantor in, to and under the CMBS Properties Excess Cash Flow are not subject to any defense, offset, counterclaim or claim which could reasonably be expected to have a Material Adverse Effect, nor have any of the foregoing been asserted or alleged against any Grantor.
Allocable Percentage – a fraction, (i) the numerator of which is the portion of Revenue generated by the Resort, and (ii) the denominator of which is Revenue, provided, that the sum of the Allocable Percentage under this Agreement and the Allocable Percentages (as defined and determined under the Management Agreements for the other CMBS Properties) shall equal 100%.
CMBS Financing – all mortgage and mezzanine loans or related financings that directly or indirectly encumber the respective assets of, and/or direct or indirect equity interests in, the CMBS Properties.
No amount payable to any Grantor under or in connection with any CMBS Properties Excess Cash Flow is evidenced by any Instrument or Chattel Paper which has not been delivered to the Lender.
To the extent that any Grantor or any Subsidiary thereof is a party to any CMBS Documents, such Grantor shall, or cause any such Subsidiary to, perform and comply with its obligations under the CMBS Documents to the extent that failure by such Grantor or such Subsidiary to so comply could result in the failure to distribute any amount of, or reduce the distributable amount of, CMBS Properties Excess Cash Flow.