Examples of Defeasance Agreement in a sentence
The parties further agree that HR Parent would not have entered into the Defeasance Agreement without the confirmations, ratifications, amendments and agreements set forth in this Omnibus Amendment Agreement No. 1 to Lease Agreements (this “Agreement”).
The parties to the Defeasance Agreement have agreed, among other things, that the aggregate rent paid by HSMC related to the Birmingham MOBs will continue to be paid and will be allocated in part to each of the Leases amended hereby on a pro rata basis to increase the rent payable under each such Lease accordingly, as more particularly shown in the attached Schedule 1.
This Defeasance Agreement shall terminate when the Series 1994 Bonds have been fully paid in accordance with their terms and any remaining monies and Government Securities, together with any interest thereon, in the Defeasance Fund have been transferred by the Trustee to the Company or its successor, in accordance with the applicable provisions of the Indentures.
No resignation shall become effective until a successor Trustee has been appointed and has agreed to be bound by the terms of this Defeasance Agreement.
Concurrently with the execution of this Defeasance Agreement, there are herewith deposited with Trustee, from the Company Funds and the Indenture Funds, immediately available monies in the amount of $13,778,515.01; all of which amounts shall be deposited in the Defeasance Fund; and from such amount the amount of $13,778,158.76 shall be used to purchase the Government Securities described in Exhibit A attached hereto.
This Defeasance Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as an original and shall constitute and be but one and the same instrument.
The foregoing indemnities in this paragraph shall survive the resignation of the Trustee or the termination of this Defeasance Agreement.
The Trustee hereby establishes the Defeasance Fund and accepts the monies deposited therein pursuant to this Defeasance Agreement.
In accordance with the Indenture and the Defeasance Agreement, if 90% or more in aggregate principal amount of Debentures outstanding on the date Equal provides the Debenture Offer to holders of the Debentures have been tendered for purchase pursuant to the Debenture Offer on the Change of Control Purchase Date, the Trustee shall from the Trust Funds redeem all the Debentures remaining outstanding at the Offer Price as at the Change of Control Purchase Date.
In consideration of the services rendered by the Trustee under this Defeasance Agreement, the Company agrees to and shall pay to the Trustee a fee of $500.00 due upon the execution of this Defeasance Agreement; and shall reimburse the Trustee for extraordinary expenses such as publication costs.