Consolidated Party definition

Consolidated Party means any one of them.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Consolidated Party means a member of the Consolidated Group.

Consolidated Party means any one of them. Sponsored REITS shall be deemed not included as Consolidated Parties under this Agreement and the Loan Documents.

Examples of Consolidated Party in a sentence

• Neither any Consolidated Party nor any ERISA Affiliate would become subject to any withdrawal liability under ERISA if any Consolidated Party or any ERISA Affiliate were to withdraw completely from all Multiemployer Plans and Multiple Employer Plans as of the valuation date most closely preceding the date on which this representation is made or deemed made.

• Each Consolidated Party is in compliance with all Laws and all other laws, rules, regulations, orders and decrees (including without limitation Environmental Laws) applicable to it, or to its properties, unless such failure to comply could not reasonably be expected to have a Material Adverse Effect.

• No Consolidated Party has any obligation to any Person in respect of any finder’s, broker’s, investment banking or other similar fee in connection with any of the transactions contemplated under the Loan Documents.

• Promptly upon receipt thereof, a copy of any other report or “management letter” submitted by independent accountants to any Consolidated Party in connection with any annual, interim or special audit of the books of such Person.

• Neither any Consolidated Party nor any ERISA Affiliate has received any notification that any Multiemployer Plan is in reorganization (within the meaning of Section 4241 of ERISA), is insolvent (within the meaning of Section 4245 of ERISA), or has been terminated (within the meaning of Title IV of ERISA), and no Multiemployer Plan is, to the best knowledge of the Responsible Officers of the Loan Parties, reasonably expected to be in reorganization, insolvent, or terminated.

More Definitions of Consolidated Party

Consolidated Party and “Consolidation Party” shall have the respective meanings set forth in Section 9.9(e).

Consolidated Party means any one of them; provided that (a) except as otherwise specifically provided herein, Consolidated Parties shall not include any of the CyrusOne Subsidiaries and (b) when used in referring to financial statements to be delivered pursuant to this Agreement with respect to any period or as of the end of any period (or any Compliance Certificate covering such period and delivered pursuant to this Agreement), the term Consolidated Parties shall not include any Subsidiaries of the Borrower that would not be required by GAAP to be consolidated with the Borrower for purposes of such financial statements.

Consolidated Party means any one of them. “Consolidated Secured Indebtedness Leverage Ratio” means, as of any date of determination, the quotient (expressed as a percentage) of (a) Secured Indebtedness, divided by (b) Total Asset Value. “Consolidated Taxes” means, for any period, for the Consolidated Parties on a consolidated basis, the aggregate of all taxes, as determined in accordance with GAAP. “Consolidated Total Indebtedness” means, as of any date of determination, without duplication, the aggregate amount of Indebtedness of the Consolidated Parties, on a consolidated basis. “Consolidated Total Unsecured Indebtedness” means, as of any date of determination, without duplication, the aggregate amount of Unsecured Indebtedness of the Consolidated Parties, on a consolidated basis. “Consolidated Unencumbered Asset Value” means, for the Borrower and its Subsidiaries, and without duplication, the sum of (a) the aggregate net book value, as determined in accordance with GAAP, of all real property of a Person that is not subject to a Lien (other than Permitted Liens), plus (b) all accumulated depreciation and amortization with respect to such real properties, plus (c) unrestricted cash and cash equivalents of such Person, plus (d) the sum of (i) unencumbered mezzanine receivables and Unencumbered Mortgage Receivables (at the value reflected in the consolidated financial statements of the Borrower, in accordance with GAAP, as of such date, including the effect of any impairment charges), and (ii) unencumbered marketable securities (at the value reflected in the consolidated financial statements of the Borrower, in accordance with GAAP, as of such date, including the effect of any impairment charges), provided that the items described in this clause (ii) and the preceding clause (i) shall not be taken into account to the extent that the amounts of such items exceed, in aggregate, 20% of the Consolidated Unencumbered Asset Value, plus (e) any Consolidated Party’s pro rata share of the forgoing items attributable to interests in Unconsolidated Affiliates. Furthermore, to the extent that Consolidated Unencumbered Asset Value attributable to (x) a Joint Venture Entity exceeds 25% of Consolidated Unencumbered Asset Value, such excess shall be excluded from the Consolidated Unencumbered Asset Value or (y) as to a foreign asset, any foreign asset not located in an OECD country shall be excluded from the Consolidated Unencumbered Asset Value. 13

Consolidated Party means any one of them. The Acquired Company shall be deemed to be a Consolidated Party for all purposes of this Credit Agreement.

Consolidated Party means any one of the “Consolidated Parties”, exclusive of any entity which is being required to be consolidated with the REIT Guarantor solely as a result of such entity being a “variable interest entity” pursuant to GAAP, provided that the REIT Guarantor or any other Subsidiary of the REIT Guarantor (exclusive of such “variable interest entity”) has no recourse liability for any Indebtedness of such “variable interest entity”.

Consolidated Party means any one of them. “Consolidated Secured Indebtedness Leverage Ratio” means, as of any date of determination, the quotient (expressed as a percentage) of (a) Secured Indebtedness, divided by (b)

Consolidated Party means any one of them. For purposes of this Credit Agreement, any Special Affiliates of the Borrower shall not be considered a Consolidated Party, notwithstanding the treatment of such Special Affiliates under GAAP (including without limitation any requirement that such Special Affiliates be accounted for as a Subsidiary for purposes of consolidated financial statements under GAAP).