Examples of Released Portion in a sentence
At any time following such date, upon final resolution of any Unresolved Claim and to the extent that it is finally determined that no Purchaser Indemnitee is entitled to any portion of the corresponding Reserved Loss (such portion, the “Released Portion”), the Purchaser shall, within five (5) Business Days following such final resolution, release to the Seller, from the Indemnity Withheld Amount, an amount equal to the lesser of (A) the remaining Indemnity Withheld Amount, and (B) the Released Portion.
Upon the Partial Release of Property, the Release Price of such Released Portion shall no longer be included in the calculation of Borrowing Base Availability as set forth under Section 2.1 hereof and Borrowing Base Availability shall be calculated based on the Release Price of the remaining Property.
No Partial Release shall, in any way, impair or affect the lien or priority of the Deed of Trust with respect to any portion of the Property other than the Released Portion, or improve the position of any subordinate lienholder with respect thereto.
The Deed of Trust shall continue as a lien and security interest on the portion of the Property other than the Released Portion.
Borrower may request and Lender may consider a substitution of real property collateral for the Released Portion of the Property.
The Released Portion shall be credited against the Purchase Price at Closing but is hereby deemed earned by Seller and shall be non-refundable to Purchaser for any reason whatsoever except in the event of a default by Seller of Seller’s obligations to close the sale or a failure of a condition to Purchaser’s obligation to close the sale.
It is the express agreement of the parties hereto that on and after the execution and delivery of this First Amendment, the Released Portion shall (a) no longer be part and parcel of the Streets and (b) be released from any and all of the terms, covenants and restrictions set forth in the Private Streets Agreement.
Upon receipt of a Release Certificate in respect of all or part of the Escrowed Redemption Amount (the "RELEASED PORTION"), the Escrow Agent shall pay from the Escrowed Funds as directed in the Release Certificate an amount equal to the Released Portion plus the Earnings thereon less any Losses thereon.
The Corporation agrees that upon the approval for recording of the plat for the subdivision of each tract of Project Facilities Real Property, the Corporation will release from the provisions of this Base Lease the applicable Released Portion of the Project Facilities Real Property.
The Released Portion of the Deposit shall be non-refundable to Buyer, except in the event the Purchase Agreement is terminated due to a default by Seller, at which time the full amount (i.e., $200,000) of the Released Portion of the Deposit shall be returned to Buyer from Seller and Seller’s obligation to return the Released Portion of the Deposit shall survive the termination of this Agreement.