Examples of Released Properties in a sentence
If the Holder shall forward such written notice to the Owner within the said 10-day period, the Owner shall thereafter do all such acts and things or shall cause all such acts and things to be done, at the Holder’s own sole cost and expense, to assign or convey, as appropriate, the Released Properties to the Holder for the said $10.00 and to have the Released Properties recorded or registered into the name of the Holder (at the sole cost of the Holder).
If a Relinquishment Event is completed and thereafter, the Owner or any Affiliate of the Owner subsequently reacquires a direct or indirect beneficial interest in the Released Properties then such Released Properties will once again be subject to the obligation to pay the FCF Royalty pursuant to this Agreement with respect thereto.
Upon receipt of the said notice, the Holder shall have a period of 10 days within which to advise the Owner in writing that it desires to acquire the Released Properties, by quitclaim deed or equivalent legal instrument, for consideration equal to $10.00.
If the Holder does not forward the said written notice to the Owner within the said 10-day period, then the Owner or the Affiliate of the Owner shall have the right to complete the Relinquishment Event with respect to the applicable Released Properties.
Peak Resorts shall not, nor shall its Subsidiaries, for a period of one (1) year following the Effective Date sell, transfer, convey or enter into any sales contract, option to purchase, or similar agreement with respect to any of the Released Properties.
For the avoidance of doubt, AFOP or an Affiliate may elect to make a capital contribution to one or more Issuers for the purposes of paying the applicable Series Collateral Release Price and the related Released Properties may be distributed by the applicable Issuer to AFOP or an Affiliate.
Schedule 11 of the Existing Loan Agreement is hereby amended (i) to delete the descriptions of the Operating Leases, Material Leases and other Leases affecting each of the Released Properties and (ii) to add and incorporate therein the descriptions of the Operating Leases, Material Leases and other Leases affecting each of the New Properties that are more fully described on Schedule 11 attached to this Agreement.
A new sentence is hereby added to the end of Section 11.2 of the Credit Agreement (immediately following clause (j) of Section 11.2), which sentence shall read in its entirety as follows: Notwithstanding anything to the contrary contained in this Section 11.2, in no event shall any Credit Party create, incur, assume or permit to exist any Lien on any of the Released Properties other than Liens referred to in and permitted by Section 11.2 above.
Notwithstanding anything in the Credit Agreement to the contrary, the Required Lenders consent to the Collateral Release with respect to the Released Properties.
Notwithstanding anything to the contrary herein, if any Triple A Notes are Outstanding on their related Triple A Release Date, the Property Manager shall use commercially reasonable efforts to sell Properties in an amount equal to 35% of the Aggregate Collateral Value, taking into account the aggregate Collateral Value of all Released Properties released since the Initial Closing Date.