Examples of Payment in Kind in a sentence
Any such sale or Payment in Kind will be subject to the condition that the Asset Coverage Test is satisfied after the receipt or deemed receipt of the proceeds of such sale or Payment in Kind and repayment, after giving effect to such repayment.
Because the Securities payable in kind shall be issued in the name of the Determined Person on the date of the First Round with Payment in Kind, time at which the relevant property or part thereof will not have been transferred to the Trust, there is a risk that the Determined Person fails to transfer the property or part thereof to the Trust, despite being registered with DECEVAL as owner of the Securities.
If the Trust fails to comply any of the promises of Purchase-and-Sale executed in furtherance of a Payment in Kind transaction, the Trust would be required to pay the penalty clause agreed to under the relevant contract.
If, prior to the service of an Asset Coverage Test Breach Notice or a Notice to Pay, a Demand Loan Repayment Event has occurred or the Issuer has demanded that the Demand Loan be repaid, the Partnership may either (a) sell Selected Loans in accordance with Schedule 9, subject to the rights of pre-emption enjoyed by the Seller to purchase the Selected Loans pursuant to the terms of the Mortgage Sale Agreement, or (b) make a Payment in Kind in accordance with the terms of the Intercompany Loan Agreement.
Any Determined Persons participating in the First Round with Payment in Kind will bear the risk that the Trust fails to instruct the Determined Persons’ direct depositors to issue the order to unblock the Securities delivered as part of the payment of the Determined Persons’ real estate assets or that DECEVAL fails to unblock said Securities upon receiving the order to unblock them.