Examples of Maximum Remarketing Obligation in a sentence
NAI hereby unconditionally, unequivocally and irrevocably: (1) waives any right to make any Issue 97-10 Election under any of the Operative Documents, and (2) acknowledges and agrees that for purposes of calculating the Supplemental Payment required by the Purchase Agreement, the Maximum Remarketing Obligation will equal the Break Even Price under the Purchase Agreement.
For purposes of this provision, “Maximum Remarketing Obligation” is intended to mean the sum of the Maximum Remarketing Obligation (Improvements) and the Maximum Remarketing Obligation (Land) (both as defined in the Purchase Agreement) and is intended to be computed as of the date any award of Lease Termination Damages to BNPPLC as if such date was the Designated Sale Date.
Also, the last sentence of subparagraph 14(A)(3) of the Lease is amended and restated as follows: For purposes of this provision, “Maximum Remarketing Obligation” is intended to mean the Maximum Remarketing Obligation (as defined in the Purchase Agreement) and is intended to be computed as of the date of any award of Lease Termination Damages to BNPPLC as if such date was the Designated Sale Date.
If, however, pursuant to the preceding sentence Solectron sets a net cash price below the Residual Risk Percentage of Stipulated Loss Value and below the Break Even Price (because Fair Market Value is lower), BNPLC may affirmatively elect to keep the Property and any Escrowed Proceeds rather than sell to the Applicable Purchaser, in which case Solectron must pay to BNPLC a supplemental payment equal to Solectron's Maximum Remarketing Obligation.
For purposes of calculating the Construction Recourse Amount, (x) the Maximum Remarketing Obligation (Improvements) shall be determined based on the Advances of Equity Investment attributable to the Eligible Costs to construct the New Improvements (Fremont 3E), and (y) the Maximum Remarketing Obligation (Land) shall be determined based on the Advances of Equity Investment for the cost to acquire the land related to Site Fremont 3E.