Examples of Shortfall Agreement in a sentence
BCC is willing to enter into the Shortfall Agreement, and all other Transaction Documents of which BCC is a party, only if Optionor executes and delivers an option agreement whereby BCC or its successors and assigns may acquire all of the Equity Interests of the Optionor, on the terms and conditions provided herein.
The parties agree that December 18, 2008 shall be the Adjustment Date under the Shortfall Agreement.
Unless otherwise specifically defined herein, each term used herein that is defined in the Shortfall Agreement has the meaning assigned to such term therein.
Each reference to “hereof”, “hereunder”, “herein” and “hereby” and each other similar reference and each reference to “this Agreement” and each other similar reference contained in the Shortfall Agreement shall, after this Amendment becomes effective, refer to the Shortfall Agreement as amended hereby.
All notices sent pursuant to this Agreement or any other Loan Document shall be simultaneously sent to Balanced Care at its address as set forth in the Shortfall Agreement.
The parties hereto intend and agree that Lessor shall be deemed a third party beneficiary of the Shortfall Agreement with respect to the obligation of BCC to provide Working Capital Loans to Lessee; and in that regard, Lessor shall be permitted to enforce against BCC such provisions in the Shortfall Agreement requiring BCC to advance such Working Capital Loans to Lessee; provided, however, Lessor shall have no obligations whatsoever under, or liability with respect to, the Shortfall Agreement.
BCC is willing to enter into the Shortfall Agreement, and all other Transaction Documents (as defined in the Shortfall Agreement) of which BCC is a party, only if Optionor executes and delivers an option agreement whereby BCC or its successors and assigns may acquire all of the Equity Interests of the Optionor, on the terms and conditions provided herein.
To secure the obligations of the Lessee under the Shortfall Agreement, Lessee has granted to BCC a leasehold mortgage (the "Leasehold Mortgage") encumbering Lessee's interest in the Lease.
In addition, the third full sentence of the first paragraph of Section 1.01(a) of each Shortfall Agreement is hereby deleted and replaced in its entirety with the following: "The Equity Capital Portion and the Senior Loan Capital Portion shall be contributed by the Member to the Lessee, and the Lessee to the Collateral Account.
To secure the obligations of the Lessee under the Shortfall Agreement, the Lessee has granted to BCC an Open End Leasehold Mortgage and Security Agreement (the "Leasehold Mortgage") encumbering the Lessee's interest in the Lease.