Balance Sheet Obligations Clause Samples

Balance Sheet Obligations. All liabilities of the Companies to the extent reflected on the Balance Sheet, as modified or changed between the Balance Sheet Date and the Closing Date in the ordinary course of business without violation of Section 3.21, unless any such liability is specifically excluded under Section 1.4 below (the "BALANCE SHEET OBLIGATIONS");

Balance Sheet Obligations. Liabilities and obligations of the REIT, the Borrower, any Subsidiary or any other Person in respect of “off-balance sheet arrangements” (as defined in the SEC Off-Balance Sheet Rules) which REIT would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of REIT’s report on Form 10 Q or Form 10 K (or their equivalents) which REIT is required to file with the Securities and Exchange Commission or would be required to file if it were subject to the jurisdiction of the SEC (or any Governmental Authority substituted therefore). As used in this definition, the term “SEC Off-Balance Sheet Rules” means the Disclosure in Management’s Discussion and Analysis about Off Balance Sheet Arrangements, Securities Act Release No. 33-8182, 68 Fed. Reg. 5982 (Feb. 5, 2003) (codified at 17 CFR pts. 228, 229 and 249).

Balance Sheet Obligations. Liabilities and obligations of Parent or any of its Subsidiaries or any other Person in respect of “off-balance sheet arrangements” (as defined in Item 303(a)(4)(ii) of Regulation S-K promulgated under the Securities Act) which Parent would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of Parent’s report on Form 10-Q or Form 10-K (or their equivalents) which Parent is required to file with the SEC or would be required to file if it were subject to the jurisdiction of the SEC (or any Governmental Authority substituted therefor).

Balance Sheet Obligations. All liabilities and obligations of Seller reflected or reserved against on the Pre-Closing Balance Sheet (as hereinafter defined), as such liabilities and obligations are modified or changed between the Pre-Closing Balance Sheet Date and the Closing Date in the ordinary course of business without violation of Section 5.1(p) below;

Balance Sheet Obligations. 5 Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Balance Sheet Obligations. Liabilities and obligations of Parent or any of its Subsidiaries or any other Person in respect of “off-balance sheet arrangements” (as defined in Item 303(a)(4)(ii) of Regulation S-K promulgated under the Securities Act) which Parent would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of Parent’s report on Form 10-Q or Form 10-K (or their equivalents) which Parent is required to file with the SEC or would be required to file if it were subject to the jurisdiction of the SEC (or any Governmental Authority substituted therefor). Operator(s). The manager of an Unencumbered Pool Property, the tenant under a Medical Lease, the property sublessee and/or the operator under any Operators’ Agreement, approved by Agent as required by this Agreement and any successor to such Operator approved by Agent as required by this Agreement. If, with respect to any Unencumbered Pool Property, there exists a property manager, a tenant under a Medical Lease and a property sublessee, or any combination thereof, then “Operator” shall refer to all such entities, collectively and individually as applicable and as the context may require.

Balance Sheet Obligations. Obligations of Contributor (and its subsidiaries) with respect to liabilities reflected or reserved against on the Contributor Balance Sheet, as modified or changed between the Contributor Balance Sheet Date and the Closing Date in the ordinary course of business without violation of Sections 2.5.1 or 3.9 and accrued for as part of the Computation. Notwithstanding anything to the contrary contained herein or any other Transaction Documents, no bonus, deferred or any other compensation obligations to any of Contributor or its subsidiaries principals, members, officers, directors, employees, independent contractors, agents or Affiliates, whether or not reserved against or accrued on the Contributor Balance Sheet, shall be assumed by NETE, Holdco or any of their respective subsidiaries or Affiliates, except for the accrued compensation of certain employees of Contributor in the amount of Nine Hundred Ten Thousand and Eight Dollars ($910,008) payable only from the available cash of Holdco from its future net profits.