Representations and Warranties Covenants Events of Default ss. 3.01.
Representations and Warranties Covenants Events of Default. The Credit Documentation shall contain representations, warranties, covenants and events of default substantially similar to those set forth in the Pre-Petition Credit Agreement, with such modifications as the parties may agree including (i) the amount of Investments (as defined in the Pre-Petition Credit Agreement) made by the Borrower and the Guarantors shall be not greater than the amount of net proceeds from asset sales permitted to be retained by the Borrower; provided, that in no event may the Borrower or Guarantors make any individual Investment exceeding $2.5 million or make aggregate Investments exceeding (y) $10 million in any twelve month period or (z) $20 million prior to June 25, 2008; provided further, that aggregate Investments made by the Borrower or Guarantors resulting in the ownership of less than 51% of an entity's equity interests shall not exceed $1 million in any twelve month period and (ii) that the maximum cash balance covenant contained in the Pre-Petition Credit Agreement shall not apply so long as there are no outstanding borrowings under the Revolving Facility.
Representations and Warranties Covenants Events of Default. Borrower's representations and warranties contained in this Agreement and the other Loan Documents shall be correct and complete in all material respects as of the Closing Date; Borrower shall have performed and complied with all covenants, agreements and conditions contained herein and in the other Loan Documents which are required to have been performed or complied with on or before the Closing Date; and there shall exist no Default or Event of Default on the Closing Date.
Representations and Warranties Covenants Events of Default. (i) The representations and warranties of the Company contained in this Agreement shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made on the Closing Date, except to the extent of any changes caused by the transactions herein contemplated, (ii) the Company shall not be in material breach of any covenant contained in the Documents, and (iii) no Event of Default shall have occurred and be continuing.
Representations and Warranties Covenants Events of Default. (i) The representations and warranties of the Company contained in this Agreement shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made on the Closing Date, except to the extent of any changes caused by the transactions herein contemplated, (ii) the Company shall not be in material breach of any covenant contained in the Documents, (iii) no Event of Default shall have occurred and be continuing and (iv) the Company shall have delivered to the Purchasers an officer's certificate to the effect of clauses (i), (ii) and (iii) and to the effect that all of the conditions to the Purchasers' obligation to purchase Securities at the Closing have been fulfilled as of the Closing Date.
Representations and Warranties Covenants Events of Default. Based substantially upon the Credit Agreements (as adjusted to reflect the terms set forth herein), including: • compliance with the Financial Covenants set forth below; • restrictions on any additional indebtedness, investments, liens, affiliate transactions or asset sales or acquisitions, subject in each case to carve-outs for identified transactions and agreements in existence on the closing date to be agreed and additional negotiated baskets, without the prior consent of the Requisite Lenders. Subject to FRE 408 Privileged and Confidential Attorney Work Product • No restricted payments other than the minimum amount necessary to maintain REIT status2, and Borrower shall be obligated to pay the maximum amount possible in non-cash consideration. • Other than with respect to the fashion district asset (with respect to which the following limits shall not apply): • No more than $75 Million (in the aggregate over the term of the Facilities) of the Revolving Facility may be spent on maintenance capex, redevelopment costs (including repositioning and retenanting costs for dark anchors and other tenant spaces); and • Up to $25 Million (in the aggregate over the term of the Facilities) of such $75 Million may be spent on maintenance capex, redevelopment costs (including repositioning and retenanting costs for dark anchors and other tenant spaces), operating deficiencies or debt service deficiencies to support non-Borrowing Base Properties, in each case, plus the amount of any cash flow received from non-Guarantors which own the applicable non-Borrowing Base properties; and • Up to $10 Million (in the aggregate over the term of the Facilities) of such $25 Million sub-bucket may be used to refinance existing mortgages on non-Borrowing Base Properties to the extent contemplated in the then current Approved Annual Business Plan. • Other than in the case of the $10 Million sub sub-bucket set forth above, or to the extent Requisite Lenders approve using all or a portion of the Remargin Subfacility for such purpose, Borrower and Guarantors shall not be permitted to make investments in non-Guarantors to refinance existing indebtedness, provided that such non-Guarantor may use cash flow from the applicable non-Borrowing Base property to fund remargin payments.
Representations and Warranties Covenants Events of Default. 9 § 4.01. Representations and Warranties; Covenants 9 § 4.02. Events of Default; Remedies 9 § 4.03. Attorney-in-Fact 10
Representations and Warranties Covenants Events of Default. The terms of the credit facility will include customary representations and warranties, customary affirmative and negative covenants, customary financial covenants, and customary events of default.
Representations and Warranties Covenants Events of Default
