Xinyuan Real Estate Co Sample Clauses

Xinyuan Real Estate Co. Ltd. We refer to your letter to us dated [●] 2014 (the “Temporary Waiver Request”). Capitalized terms used but not defined herein shall have the same meanings ascribed to them in the Temporary Waiver Request. We hereby acknowledge receipt of the Temporary Waiver Request. We confirm our agreement to the Temporary Waivers set forth in Sections II (b), (c) and (d) of the Temporary Waiver Request Letter during the Temporary Waiver Period. No permanent waiver is given by this Temporary Waiver Letter, and we expressly reserve all our rights and remedies in respect of any breach of, or Event of Default under, the Note. The Temporary Waivers set forth in Section II of the Temporary Waiver Request will be effective only in the instance and for the purposes for which they are given and the Transaction Documents shall otherwise remain in full force and effect as originally executed. The agreement set forth in this Temporary Waiver Letter shall not be construed to impair any ability of the Holder at any time after the Temporary Waiver Period to exercise any rights or remedies under the Note, including actions to enforce, or direct the enforcement of, any rights and remedies available to the Holder under the Note, including, without limitation, any action to require redemption of the Notes (regardless of whether or not such action relates to actions taken, matters arising or payments not received before, during or after the Temporary Waiver Period). For the avoidance of doubt, nothing herein shall be construed as a waiver of any Event of Default occurring prior to the date hereof, during or after the Temporary Waiver Period (other than as expressly set out in Sections II (b), (c) and (d) of the Temporary Waiver Request). We reserve the right to exercise any rights and remedies available to us under the Note (other than with respect to the Temporary Waivers set forth in Sections II (b) (subject to the proviso set forth therein), (c) (subject to the proviso set forth therein) and (d) of the Temporary Waiver Request) arising before, during or after the Temporary Waiver Period. Our agreement set forth in this Temporary Waiver Letter, shall immediately cease upon the end of the Temporary Waiver Period. Notwithstanding anything set out in this Temporary Waiver Letter or the Temporary Waiver Request Letter, nothing shall prejudice the ability of the Company and the Holder to enter into good faith discussions with respect to the redemption of the Notes during the Temporary Wai...
Sample 1
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Xinyuan Real Estate Co. Ltd. (the “Issuer”) plans to issue a certain guaranteed senior secured US$40,000,000 note due April 15, 2013 (the “GSS Note”) pursuant to a securities purchase agreement dated the date hereof (as the same may be amended and supplemented and in effect from time to time, the “Securities Purchase Agreement”) by and among the Issuer, the Guarantor (as defined therein) and Forum, as the initial holder of the GSS Notes.
Sample 1
Xinyuan Real Estate Co. Ltd., an exempted company incorporated in the Cayman Islands, the registered office of which is at XX Xxx 000, Xxxxxx Xxxxx, Grand Cayman, KY1-1104, Cayman Islands (the “Company” and a “Chargor”);
Sample 1

Related to Xinyuan Real Estate Co

  • Asset Management a. Data Sensitivity - Transfer Agent acknowledges that it understands the sensitivity of Fund Data.

  • Owned Real Estate Neither the Company nor any of its Subsidiaries owns any real property.

  • Real Estate Commission In connection with a Sale of a Real Estate Asset in which the Advisor or any Affiliate of the Advisor provides a substantial amount of services, as determined by the Independent Directors, the Company shall pay to the Advisor or its assignees a Real Estate Commission up to the lesser of (i) two percent (2.0%) of the Contract Sales Price of such Real Estate Asset or (ii) one-half of the Competitive Real Estate Commission paid if a non-Affiliate broker is also involved; provided, however, that in no event may the Real Estate Commission paid to the Advisor, its Affiliates and non-Affiliates, exceed the lesser of six percent (6.0%) of the Contract Sales Price and a Competitive Real Estate Commission.

  • Taxation as Partnership The Company shall be treated as a partnership for U.S. federal income tax purposes.

  • Investments in Real Estate Make any investment or commitment to invest in real estate or in any real estate development project (other than by way of foreclosure or acquisitions in a bona fide fiduciary capacity or in satisfaction of a debt previously contracted in good faith, in each case in the ordinary course of business consistent with past practice).

  • Not a U.S. Real Property Holding Corporation The Acquiror Company is not and has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code at any time during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.

  • Real Estate All real property at any time owned or leased (as lessee or sublessee) by the Borrower or any of its Subsidiaries.

  • Real Estate Investment Trust Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a real estate investment trust (“REIT”) under the Code, and its proposed method of operation will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

  • Real Estate Commissions Pursuant to a separate written agreement, Seller has agreed to pay Self Storage Investment Services, Inc. (“Broker”) a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

  • Real Property Holding Company The Company is not a real property holding company within the meaning of Section 897 of the Code.

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