Examples of Required Asset Sale in a sentence
The Corporation shall direct that the net proceeds of each sale (after the payment of indebtedness and reasonable transaction expenses) in the Required Asset Sale be paid to the Specified Holder until the Unpaid Redemption Amount has been paid in full in cash.
If the foregoing process does not yield sufficient proceeds to pay the Unpaid Redemption Amount in full, the Specified Holder and the Sales Agent shall identify additional assets of the Corporation that shall be designated as Selected Assets included in the Required Asset Sale and the procedures set forth in this Section 9(b) shall be similarly applied to such additional Selected Assets to the extent permitted by law until the Unpaid Redemption Amount has been paid in full in cash.
The Required Asset Sale Notice shall identify a reputable, nationally recognized investment bank or real estate brokerage firm with experience in valuing U.S. lodging assets and advising on the disposition thereof (the “Sales Agent”) which the Corporation shall engage at the direction of the Specified Holder to assist in effectuating the Required Asset Sale.
Such Required Asset Sale Notice must be delivered to the Corporation no later than 90 days after the occurrence of the Failed Redemption.
The Sales Agent shall communicate its valuations of each Selected Asset to the Corporation and the Specified Holder prior to commencing the Required Asset Sale and shall take into account in good faith any information presented by the Corporation to the Sale Agent and the Specified Holder within five (5) Business days thereafter that would reasonably lead to a higher valuation than the initial valuation determined by the Sales Agent.
The Corporation and the Sales Agent shall cooperate with each other in executing the sales of the Selected Assets and the Corporation shall keep the Specified Holder reasonably informed as to the progress of the Required Asset Sale.
In order to exercise the Specified Holder’s right to a Required Asset Sale, the Specified Holder shall send a written notice (“ Required Asset Sale Notice”) to the Corporation stating that the Specified Holder is exercising its rights pursuant to this Section 9 to execute a Required Asset Sale.