I T A L S. Whereas, the Owner is the owner in fee simple of that certain real property located at 0000 Xxxxxxx Xxx, Las Vegas, NV 89104, Assessor’s Parcel Numbers 162-02-501-003 and 162-02-601-002 (“Property”) and more particularly described on Exhibit “A”; and
I T A L S. Whereas, the Owner is the owner in fee simple of that certain real property located at 000 Xxxxxxxxx Xxxx, Xxx Xxxxx, XX 00000, Assessor’s Parcel Number 137-25-310-002 (“Property”) and more particularly described on Exhibit “A”; and
I T A L S. A. The Borrower has requested that the Lenders provide certain loans to and extensions of credit on behalf of the Borrower.
I T A L S. A. The Partnership was formed pursuant to a Certificate of Limited Partnership filed on November 23, 1993 with the Secretary of State of the State of Delaware under the name "ProVest, L.P." and a Limited Partnership Agreement dated November 23, 1993 (the "Original Partnership Agreement").
I T A L S. A.The Operating Partnership and Contributor have entered into a Contribution Agreement, dated as of _____________, 2022, (the “Contribution Agreement”), pursuant to which the Contributor has agreed to contribute property to the Operating Partnership, such property located at 000 XxXxxxxx Xx, Lawrence, KS 66044 (the “Hotel”).
I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________, as Administrative Trustee, have heretofore duly created and continued a business trust under the Delaware Business Trust Act by the entering into that certain Trust Agreement, dated as of February 19, 2002 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19, 2002 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. The parties hereto desire to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.
I T A L S. Borrower is indebted to Lender as evidenced by that certain Note to the Lender dated July 1, 2020 in the principal amount of $761,355,927.68 (the “Note”). That Note is secured by the Security Agreement. Borrower and Lender are parties to a certain Dividend and Dissolution Agreement, dated February 7, 2022, pursuant to which (a) the Xxxxxx Xxxx Family LLC will distribute all of the shares of Continental Resources, Inc. stock owned by the Company (the “CLR Shares”) in the form of a dividend applying equally to all Units of Membership Interest in the Company, and (b) the Borrower will assign and surrender to the Company all of the Borrower’s Units of Membership Interest in the Company in exchange for the Borrower’s share of the remaining assets owned by the Company (subject to the Company’s retention of any such assets to provide a reserve for future liabilities and expenses that the Company may incur in connection with its liquidation and dissolution). Borrower and Lender have also entered into that certain Agreement to Substitute Collateral. Pursuant to that Agreement to Substitute Collateral, Borrower agreed to execute an amendment to the Security Agreement pursuant to which the CLR Shares transferred to and owned by Borrower will be substituted as the Collateral under this Security Agreement in replacement of the Units. This First Amendment is attached as an Exhibit to that Agreement to Substitute Collateral.
I T A L S. A. Pursuant to a certain Agreement of Purchase and Sale, dated as of _________, 20__ (the “Agreement of Sale”), Assignor has agreed to sell to Assignee, upon the terms, provisions and conditions set forth therein, certain property (hereinafter “Property”) located at _____________, all as more particularly described in the Agreement of Sale.
I T A L S. A. The MLP has acquired from the Resource Entities and their Affiliates (as such term in hereafter defined) natural gas gathering systems and related facilities consisting of approximately 888 miles of intrastate pipelines located in New York, Ohio and Pennsylvania.
I T A L S. A. Pursuant to the terms and provisions of a lease dated [DATE OF LEASE] (“Lease”), Mortgagor granted to Tenant a leasehold estate in and to [[a portion of]] the property described on Exhibit A attached hereto and incorporated herein by this reference (which property, together with all improvements now or hereafter located on the property, is defined as the “Property”).
