Common use of Value Adjustment Clause in Contracts

Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment increase in the amount of $63,500,000.00 to the value of the assets of the Borrower as of the date of this Agreement, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.8 (including without limitation the Borrower's Consolidated Tangible Net Worth and the value of the Borrower's Consolidated Total Assets) shall for the term of this Agreement be tested against the market value of the Borrower's assets, based on such one-time market value adjustment, plus all real estate depreciation to such assets since the date of the Borrower's initial public offering.

Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment increase in the amount of $63,500,000.00 to the value of the assets of the Borrower as of the date of this Agreement, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.8 9.9 (including without limitation the Borrower's Consolidated Tangible Net Worth and the value of the Borrower's Consolidated Total Assets) shall for the term of this Agreement be tested against the market value of the Borrower's assets, based on such one-time market value adjustment, plus all real estate depreciation to such assets since the date of the Borrower's initial public offering.