Rejectable Substitution Offer definition

Rejectable Substitution Offer has the meaning set forth in Section 57.A.
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Examples of Rejectable Substitution Offer in a sentence

  • If the Lease Termination Date occurs during the Primary Term, such notice must be accompanied by either a Rejectable Offer or a Rejectable Substitution Offer, as described in Section 3.3, in which event the provisions of such Section shall be controlling.

  • Each Rejectable Substitution Offer shall identify the proposed Substitute Property in reasonable detail and contain a certificate executed by a duly authorized officer of Lessee pursuant to which Lessee shall certify that in Lessee's good faith judgment such proposed Substitute Property satisfies as of the date of such notice, or will satisfy as of the date of the closing of such substitution, all of the applicable conditions to substitution set forth in this Section 55.

  • Upon purchase of the related Mortgaged Property by Tenant after acceptance of a Rejectable Offer, or after acceptance of a Rejectable Substitution Offer, in each case in accordance with the provisions of the Master Lease, the Loss Proceeds held in the Restoration Account shall be released to Tenant on the Termination Date in accordance with the Master Lease and this Indenture shall be released with respect to the related Mortgaged Property in accordance with Section 2.27.

  • Lessee agrees to deliver to Lessor all of the diligence information and materials contemplated by the provisions of Section 55.B of this Lease within 30 days after the delivery to Lessor of a Rejectable Substitution Offer.

  • Lessor's failure to deliver such notice within such time period shall be deemed to constitute Lessor's acceptance of the Rejectable Substitution Offer.

  • Rejectable Substitution Offer notice satisfying the requirements of the preceding paragraph to deliver to Tenant written notice of its election to either accept or reject the Rejectable Substitution Offer.

  • In the event that Tenant has not caused a particular Project to comply with ADA within thirty-six (36) months after the date of this Lease (subject to Force Majeure), Tenant shall, if requested by Landlord, be obligated to make either a Rejectable Offer or a Rejectable Substitution Offer with respect to such Project.

  • If Owner shall make such payment, Lender shall consent in writing to the rejection by Owner of Tenant's Rejectable Offer or Tenant's Rejectable Substitution Offer, provided, however, that if such payment is required pursuant to Section 2.8(c) to be applied in connection with a Defeasance pursuant to Section 2.20, Owner shall also have complied with the provisions of Section 2.20 at such time.

  • Notwithstanding the foregoing, if Landlord does not approve of a matter relating to a Rejectable Substitution Offer made pursuant to Section 3.3(c), a Rejectable Offer shall be made with respect to the applicable Project solely at Tenant's election as provided in Section 3.3(c).

  • If a casualty or a Taking shall affect all or a substantial portion of the Mortgaged Property in such a manner as to allow or require Tenant to make a Rejectable Offer or a Rejectable Substitution Offer pursuant to Sections 3.2(b) and 3.3(a) of the Master Lease, any Loss Proceeds shall be held by Lender until applied in accordance with Section 2.4(k).

Related to Rejectable Substitution Offer

  • Extension Offer has the meaning specified in Section 2.15(a).

  • Sell Offer means an offer to sell Capacity Resources in a Base Residual Auction, Incremental Auction, or Reliability Backstop Auction.

  • Loan Modification Offer has the meaning specified in Section 2.24(a).

  • Permitted Offer An Offer (i) pursuant to the terms of which the offeror offers to acquire a debt obligation (including a Collateral Obligation) in exchange for consideration consisting solely of Cash in an amount equal to or greater than the full face amount of such debt obligation plus any accrued and unpaid interest and (ii) as to which the Collateral Manager has determined in its reasonable commercial judgment that the offeror has sufficient access to financing to consummate the Offer.

  • Sell or Offer to Sell means to: • sell, offer to sell, contract to sell or lend, • effect any short sale or establish or increase a Put Equivalent Position or liquidate or decrease any Call Equivalent Position • pledge, hypothecate or grant any security interest in, or • in any other way transfer or dispose of, in each case whether effected directly or indirectly.

  • Pro Rata Extension Offers shall have the meaning assigned to such term in Section 2.21(e).

  • Change of Control Offer has the meaning provided in Section 4.15.

  • Acceptance Notice shall have the meaning set forth in Section 7.8(b).

  • Offer means “proposals” in negotiation.

  • Permitted Notes means (i) unsecured senior or senior subordinated debt securities of the Borrower, (ii) debt securities of the Borrower that are secured by a Lien on the Collateral ranking junior to the Liens securing the Obligations pursuant to a Second Lien Intercreditor Agreement or (iii) debt securities of the Borrower that are secured by a Lien ranking pari passu with the Liens securing the Obligations pursuant to a First Lien Intercreditor Agreement; provided that (a) in the case of debt securities issued in reliance on Section 7.03(s)(iii), such debt securities are issued for cash consideration, (b) the terms of such debt securities do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Maturity Date of the Term Facility (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default), (c) the covenants, events of default, guarantees, collateral and other terms of which (other than interest rate and redemption premiums), taken as a whole, are not more restrictive to the Borrower and the Restricted Subsidiaries than those in this Agreement; provided that a certificate of a Responsible Officer of the Borrower delivered to the Administrative Agent at least three Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such debt securities, together with a reasonably detailed description of the material terms and conditions of such debt securities or drafts of the documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement, (d) at the time that any such Permitted Notes are issued (and after giving effect thereto) no Event of Default shall exist, (e) the Borrower shall be in compliance with the covenants set forth in Section 7.11 determined on a Pro Forma Basis as of the last day of the most recently ended Test Period for which financial statements were required to have been delivered pursuant to Section 6.01(a) or (b), as applicable (or if no Test Period cited in Section 7.11 has passed, the covenants in Section 7.11 for the first Test Period cited in such Section shall be satisfied as of the last four quarters ended), in each case, as if such Permitted Notes had been outstanding on the last day of such four quarter period, and (f) no Subsidiary of the Borrower (other than a Guarantor) shall be an obligor and no Permitted Notes shall be secured by any collateral other than the Collateral.

  • Initial Offer means the initial offer of Participating Shares in a Fund as set out in the applicable Supplement;

  • Discount Range Prepayment Offer means the irrevocable written offer by a Term Lender, substantially in the form of Exhibit L, submitted in response to an invitation to submit offers following the Auction Agent’s receipt of a Discount Range Prepayment Notice.

  • Asset Sale Offer Amount shall have the meaning specified in Section 4.14.

  • Rejection Notice has the meaning specified in Section 2.05(b)(v).

  • Subscription Offering means the offering of the Conversion Stock to Participants.

  • Initial Offer Period means the period determined by the Directors during which Shares of any class are offered by the ICAV for purchase or subscription at the Initial Price.

  • Acceptance of offer means issue of letter of intent/award or memorandum or detailed Order/Contract communicating the acceptance of offer, to the successful Tenderer.

  • Market/Offer Price means the highest of (i) the price per share of Common Stock at which a tender or exchange offer therefor has been made, (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, or (iv) in the event of a sale of all or any substantial part of Issuer's assets or deposits, the sum of the net price paid in such sale for such assets or deposits and the current market value of the remaining net assets of Issuer as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the market/offer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to Issuer.

  • Final Offer means the offer on which a resource was dispatched by the Office of the Interconnection for a particular clock hour for the Operating Day. Final RTO Unforced Capacity Obligation:

  • First Offer Period has the meaning set forth in Section 13.5.

  • Asset Sale Offer shall have the meaning specified in Section 4.14.

  • Offer Amount has the meaning set forth in Section 4.12(e).

  • Repurchase Request Rejection As defined in Section 2.03(a) of this Agreement.