The Pool Sample Clauses
The Pool. (i) The Borrower or a Wholly Owned Subsidiary of Borrower that is a Guarantor collectively shall at all times own (in fee simple title or through an Eligible Ground Lease, and including the leasehold interest in the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Tower in Memphis, Tennessee) a pool (the "Pool") of assets that are not mortgaged, pledged, hypothecated, or encumbered in any manner, other than Permitted Liens, with an aggregate Value equal to at least one hundred eighty-two percent (182%) of the Borrower's Indebtedness other than Secured Debt outstanding from time to time, with the following characteristics:
(1) assets in the Pool shall be completed, income producing, office buildings with net rentable area of not less than 50,000 square feet and not more than 1,000,000 square feet with parking sufficient to satisfy the requirements of Applicable Law and consistent with market conditions that will accommodate full occupancy of the building; provided however, the Pavilion Center in Atlanta, Georgia, the ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and the Toyota Garage in Memphis, Tennessee shall not be required to meet the foregoing requirement in order to be included in the Pool;
(2) at all times the Pool shall consist of at least six (6) assets and have an aggregate Value of not less than $150,000,000.
(3) the Borrower must have received from third party independent consultants, written assessments (including, without limitation, Phase I environmental reports) for each asset in, or to be added to, the Pool that do not disclose any material environmental conditions, structural defects or title defects not insured around or over, or other material risks related to such asset;
(4) the assets in the Pool that consist of Eligible Ground Leases shall not exceed ten percent (10%) of the aggregate Value of the assets in the Pool;
(5) no asset in the Pool shall be subject to or affected by any Negative Pledge;
(6) the Occupancy Level of the assets Pool in the aggregate must be at least eighty percent (80%); and
(7) each asset in the Pool must be located in an Approved Market.
(ii) If requested by the Agent the Borrower will provide to the Agent written assessments from third party independent environmental consultants for all assets in the Pool acquired after the date of this Agreement. If the Agent determines that there are material environmental conditions existing on or risks to such assets, the assets will be excluded from the Pool.
(iii) Notwithstanding the foregoing ...
The Pool. Fund Manager shall present a quarterly and an annual report (unless alternative arrangements are agreed in writing by both Parties) to the SRIPCB, which shall be provided to the relevant Parties and include income and expenditure received by or incurred from the Pooled Fund. Such reports shall include an item on potential overspend or underspend.
The Pool. The pool shape and design is to be sufficient as to accommodate at least six (6) regulation-size 25-meter swim lanes, and a connected or separate recreation pool. The recreation pool is to be in-area, at-grade concrete pool with zero depth entry to accommodate the Americans with Disabilities Act (“ADA”) access from the pool deck. The pool must have in- ground lighting.
The Pool. (i) Until the completion and opening of the YMCA Facility, the County shall be responsible for all aspects of the operation of the Pool and shall be entitled to receive and retain all revenues generated by the operation of the Pool; and
(ii) Upon the completion and opening of the YMCA Facility, the YMCA shall be solely responsible for the Pool in accordance with the terms and conditions applicable to the YMCA Facility and set forth in subparagraph (a) above.
The Pool. 4.1 It is agreed between the parties hereto that after the execution of this Agreement, the Board of Directors of the Company shall adopt a Stock Option Plan for employees, executives, directors, consultants and service providers of the Company of up to 10% of the issued and outstanding shares of the Company, after the issuance of the Shares, according to terms and conditions to be decided by the Board of Directors of the Company (the "POOL"); provided, however, that any options granted from the Pool shall (i) not have an exercise price that is less than (a) US$ 625 per Share for the persons specified in SCHEDULE 4.1, attached hereto, and (b) for such persons that are not so listed on SCHEDULE 4.1 its fair market value at the time of its related grant; and (ii) vest over a four year period from the date of its related grant.
4.2 It is specifically clarified and agreed that the Purchaser together with the Original Shareholders shall be equally diluted in case options so granted and exercised from the Pool.
The Pool. A group of one or more customers, joined together by the Supplier for supply management purposes under this Agreement, which are receiving service pursuant to the Company’s firm transportation tariffs.
The Pool. The Supplier shall comply with the provisions set out in Schedule 3 relating to the Pool and the Terms & Conditions.