Examples of Identified Properties in a sentence
The Partnership and the General Partner shall report any distribution of Identified Properties to In-Kind Redeeming Preferred Partners as tax-free for applicable income tax purposes to the extent provided or permitted under the Code, the applicable Treasury Regulations, or other appropriate authority.
Thereafter, Seller shall have no further obligation to Buyer or any other person relating to the Identified Properties.
As of the Agreement Date, Schedule 6.1.(y) is a correct and complete list of all Eligible Properties, all Identified Properties and all Structured Finance Investments, and the name of each Subsidiary that owns or leases any such Property or that owns any such Structured Finance Investment.
The aggregate Occupancy Rate for all Eligible Properties and Identified Properties to be less than 85% at any time.
It is further understood that the FF&E located in the TSC Identified Properties shall not be the subject of GA/GBRP's disposition efforts, but instead shall remain in the affected premises at the conclusion of the store closing sales and become the property of TSC.
Buyer shall use its best efforts to maintain in strict confidence, the existence and terms of Seller s indemnity obligation with respect to the Identified Properties set forth in Section 8.7(a) provided, however, Buyer may disclose the terms and existence of such indemnity obligation (1) to any financial institution that is considering or actually provides financing to Buyer, and (2) to the extent required by law.
Except as provided in Section 2 hereof and except for participation in Identified Properties in accordance with the terms of this Agreement, (x) each Member agrees that during the ROFO Period it will not directly or indirectly engage in a Competitive Business and (y) each Member other than Xxxxxxx agrees that during the ROFO Period it will not permit any of its Affiliates to directly or indirectly engage in a Competitive Business.
As a consequence of the foregoing, subject to paragraph 9 hereof, TSC and GA/GBRP each agrees that it/they shall not enter into a transaction relative to the acquisition by it/them of any of the Debtors' assets, including, but not limited to, the TSC Identified Properties, the non-TSC Indentifed Properties, the Debtors' merchandise inventories, or the Debtors' FF&E, except as is provided herein, unless otherwise agreed in writing by the other party(ies) hereto.
Buyer shall use its best efforts to maintain in --------------- strict confidence, the existence and terms of Seller's indemnity obligation with respect to the Identified Properties set forth in Section 8.7(a) provided, however, Buyer may disclose the terms and existence of such indemnity obligation (1) to any financial institution that is considering or actually provides financing to Buyer, and (2) to the extent required by law.
Upon obtaining the approvals set forth in Section 7 below, TSC shall designate that the TSC Identified Properties (excluding any properties rejected by TSC pursuant to the exercise of its rights under the Proposal) shall be sold, transferred and conveyed, and/or assumed by the Debtors and thereupon assigned, as applicable, to TSC (or a designee thereof) on the economic terms and conditions set forth in Paragraph 4 below.