RE Investor definition
Examples of RE Investor in a sentence
If the Company and the RE Investor determine that new Real Estate SPEs should be formed, the Company shall form such Real Estate SPE (or multiple Real Estate SPEs).
The words “made available to the RE Investor” and words of similar import refer to documents (a) posted to the Data Room by or on behalf of the Company on or prior to the date two Business Days prior to the date hereof or (b) delivered in person or electronically to the RE Investor prior to the date hereof.
The Company shall then (i) contribute the Real Estate Assets to the Real Estate SPE(s) as determined by the Company and RE Investor, (ii) enter into an SPE Lease with such Real Estate SPE(s), (iii) add such Real Estate Assets to the Master Lease and (iv) concurrently with such contribution, deposit Transfer Instruments for such Real Estate Assets into the Real Estate Escrow Account in accordance with the terms of the Escrow Agreement.
The execution and delivery of this Agreement and the Escrow Agreement by the RE Investor and the consummation of the Transactions, and compliance with the provisions of this Agreement and the Escrow Agreement, by the RE Investor have been duly authorized by all necessary limited liability company action on the part of the RE Investor.
This Agreement has been and, as of the Closing, the Related Agreements to which it is party will be, duly executed and delivered by the RE Investor and, assuming the due authorization, execution and delivery hereof and thereof by the other parties thereto, constitutes a legal, valid and binding obligation of the RE Investor, enforceable against the RE Investor in accordance with its terms, subject, as to enforceability, to the Bankruptcy and Equity Exception.
The RE Investor is duly organized, validly existing and in good standing under the Laws of its jurisdiction of organization and has all requisite limited liability company power and authority to carry on its business as presently conducted.
For the avoidance of doubt, subject to the proviso in the immediately preceding sentence, the Company may elect, in its sole discretion, to retain some or all of the cash remaining in the Cash Escrow Account and shall not be required to distribute any such cash to the RE Investor in respect the Company’s obligations under this Article V.
The Company shall, at its reasonable request and sole expense, have rights to consult with the RE Investor during the Realization Period, including rights to receive periodic updates reasonably requested by the Company, the right to recommend potential buyers and the right to receive reports on any submitted bids.
The request for approval of the RE Investor shall include a copy of the applicable Appraisal, such other diligence documents (consistent with those provided prior to Closing) with respect to the substitute Real Estate Assets and all other documentation and information required to be delivered to the Company pursuant to Section 28.2 of the Master Lease.
During the Realization Period, the Company shall provide, and shall cause its Affiliates and Representatives to provide, commercially reasonable assistance as is reasonably requested by the RE Investor in connection with the RE Investor’s marketing and sale of the Sale Properties.