Market Transaction Sample Clauses
Market Transaction. It is understood that the information provided by Mortgagor to Mortgagee may ultimately be incorporated into the offering documents for the Secondary Market Transaction and thus various investors may also see some or all of the information. Mortgagee and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Mortgagor and, subject to the limitations of Paragraph 49 of this Mortgage, Mortgagor indemnifies Mortgagee as to any losses, claims, damages or liabilities that arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in such information or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated in such information or necessary in order to make the statements in such information, or in light of the circumstances under which they were made, not misleading. Mortgagee may publicize the existence of the Loan in connection with its marketing for a Secondary Market Transaction or otherwise as part of its business development.
Market Transaction. Notwithstanding Section 2(f)(i) above and subject to the prior approval of the Nasdaq Capital Market or any other Principal Market on which the Common Stock may be listed or quoted (to the extent required), the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Signing Market Price and in accordance with any other applicable rules of the Nasdaq Capital Market or any other Principal Market on which the Common Stock may be listed or quoted (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained).
Market Transaction. A delivery of Energy and/or capacity from the Facility, other than pursuant to this Agreement.
Market Transaction. Borrower shall provide such information and documents relating to Borrower, Guarantor, if any, the Property, the Leases and the tenants under the Leases as Lender may reasonably request in connection with a Secondary Market Transaction. Lender shall have the right to provide to prospective investors any information in its possession, including, without limitation, financial statements relating to Borrower, Guarantor, if any, the Property and the tenants under the Leases.
Market Transaction. Each Transferee shall execute a confidentiality agreement covering the confidential information contained in the Syndication Document (and any other confidential information delivered in connection therewith) on Agent's approved form (which confidentiality agreement shall expressly provide that Borrower is a third party beneficiary thereof). Any financial institution who becomes party to this Agreement as a Lender pursuant to a Secondary Market Transaction shall be an Institutional Lender. "Institutional Lender" means (i) a commercial bank having a combined capital and surplus of at least $500,000,000; (ii) a savings and loan association or savings bank having a combined capital and surplus of at least $500,000,000; (iii) a finance company, insurance company or other financial institution, investment company or fund, including a pension fund (whether a corporation, partnership, trust or other entity), that is engaged in making, purchasing or otherwise investing in commercial loans in the ordinary course of its business and having a combined capital and surplus of at least $500,000,000; and (iv) any wholly-owned subsidiary (directly or indirectly) of any of the foregoing which has a net worth or net asset value of at least $250,000,000 as shown on such entity's most recently prepared financial statements. No Institutional Lender shall purchase any Revolving Loan Commitment that is less than $5,000,000.