Operating Lessees definition
Examples of Operating Lessees in a sentence
As of the Closing Date, there are no Specified Operating Lessees.
Giving effect to the Loan, the fair saleable value of Borrower's and Operating Lessee's assets exceeds and will, immediately following the making of the Loan, exceed Borrower's and Operating Lessee's total liabilities, including, without limitation, subordinated, unliquidated, disputed and contingent liabilities.
Borrower's and Operating Lessee's assets do not and, immediately following the making of the Loan will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted.
Neither Borrower, Operating Lessee nor any of its constituent Persons are contemplating either the filing of a petition by it under the Bankruptcy Code or similar state bankruptcy or insolvency law or the liquidation of all or a major portion of Borrower's or Operating Lessee's assets or property, and neither Borrower nor Operating Lessee has any knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
To Borrower's or Operating Lessee's knowledge, there is no infringement by others of trademarks, trade names and service marks of any Borrower or Operating Lessee.
No Borrower or Operating Lessee shall allow to be issued or created any stock in any Borrower's or Operating Lessee's general partner or managing member, as applicable, other than the stock which is outstanding or existing on the Closing Date or any security or other instrument which by its terms is convertible into or exercisable or exchangeable for any stock in such Borrower's general partner or managing member, as applicable.
This indemnity agreement will be in addition to any liability which Issuers or Operating Lessees may otherwise have.
After the occurrence of an Event of Default, Borrowers and Operating Lessee shall pay any out of pocket costs and expenses incurred by Lender to examine any and all of such Borrower's or Operating Lessee's books, records and accounts as Lender shall determine in Lender's discretion to be necessary or appropriate in the protection of Lender's interest.
No Taking has been commenced or, to any Borrower's or Operating Lessee's knowledge, is contemplated with respect to all or any portion of any Individual Property or for the relocation of roadways providing access to any Individual Property.
The fair saleable value of each Borrower's or Operating Lessee's assets is and will, immediately following the execution and delivery of this Agreement, be greater than such Borrower's or Operating Lessee's, as applicable, probable liabilities, including the maximum amount of its Contingent Obligations or its debts as such debts become absolute and matured.