Participating Lease definition
Examples of Participating Lease in a sentence
Neither the Borrower, the Parent nor any of their Subsidiaries is in default under or with respect to (i) any contract, agreement, lease or other instrument which could reasonably be expected to cause a Material Adverse Change or (ii) any Ground Lease, Participating Lease, Franchise Agreement or Management Agreement except as disclosed to the Administrative Agent in writing prior to the date such representation is deemed given.
Neither the Borrower, the Parent nor any of their Subsidiaries is in default under or with respect to (i) any contract, agreement, lease or other instrument which could reasonably be expected to cause a Material Adverse Change or (ii) any Qualified Ground Lease, Approved Participating Lease, franchise agreement or Approved Management Agreement.
Upon knowledge of a material default -------------------- by a Participating Lessee under a Participating Lease, the Borrower will send, or will cause the Guarantor who is a party to such Participating Lease to send, a notice of such default to such Participating Lessee as provided in the document under which such default has occurred.
To the best knowledge of the Credit Parties, and except with respect to the Osage National Participating Lease, no monetary default, and no non-monetary default which would have a material adverse effect on the enforcement thereof, exists under any Participating Lease or under the Innisbrook Note, the Innisbrook Loan Agreement or the Innisbrook Mortgage.
Upon knowledge of a material default by LaSalle Leasing under an Approved Participating Lease, the Borrower will send, or will cause the Guarantor who is a party to such Approved Participating Lease to send, a notice of such default to LaSalle Leasing as provided in the document under which such default has occurred and provide a copy of such notice to the Administrative Agent.
Throughout the Term, Tenant's Required Minimum Net Worth (x) shall be increased proportionately after the execution of any additional Participating Lease in accordance therewith and (y) shall be decreased with the termination of any Participating Leases (unless such termination results from an Event of Default thereunder).
Cause each Participating Lease hereafter entered into by any Credit Party to include a capital expenditure reserve of at least two percent (2%) of the annual Gross Golf Revenues from the relevant golf course property, which reserve amount shall be used by the relevant lessee solely as set forth in such Participating Lease.
Neither the Borrower, the Parent nor any of their Subsidiaries is in default under or with respect to (i) any contract, agreement, lease or other instrument which could reasonably be expected to cause a Material Adverse Change or (ii) any Qualified Ground Lease, Approved Participating Lease, Approved Franchise Agreement or Approved Management Agreement.
Comply in all respects with each term, condition and provision of all leases, agreements and other instruments entered into in the conduct of its business including, without limitation, any Participating Lease or Material Contract; provided, that each Credit Party may contest any such lease, agreement or other instrument, including, without limitation, any Material Contract, in good faith through applicable proceedings so long as adequate reserves are maintained in accordance with GAAP.
Any Credit Party shall default in the payment when due, or in the performance or observance, of any obligation or condition of any Material Contract or any Participating Lease unless, but only as long as, the existence of any such default is being contested by such Credit Party in good faith by appropriate proceedings and adequate reserves in respect thereof have been established on the books of such Credit Party to the extent required by GAAP.