Modification of Defined Terms. Unless the context clearly otherwise requires or unless otherwise expressly provided herein, the terms defined in this Lease which refer to a particular agreement, instrument or document also refer to and include all renewals, extensions, supplements, modifications, amendments and restatements of such agreement, instrument or document; provided that nothing contained in this Section 1.2 will be construed to authorize any such renewal, extension, supplement, modification, amendment or restatement.
Modification of Defined Terms. On the Effective Date, the definitions of “BA Lines”, “Earn-Out Period”, and “EBITDA”, shall be deemed deleted in their entirety. The definition of “Xxxx Spade Agreement” shall be deemed deleted in its entirety and replaced in lieu thereof with the following:
Modification of Defined Terms. Upon issuance of the Additional Class A(2022-3) Notes, all references in the Terms Document to the Class A(2022-3) Notes shall include the Additional Class A(2022-3) Notes and each of the following terms, as used in the Terms Document, shall have the respective meanings set forth below:
Modification of Defined Terms. The following defined terms, as set forth in Addendum 1, of the Loan Agreement, as such terms are used in the Loan Agreement, are hereby amended as follows:
Modification of Defined Terms. Certain capitalized terms in Section A of the Old Works Historic Trail Parcel Deed (Defined Terms) shall be deleted and replaced with the following:
Modification of Defined Terms. Certain capitalized terms in Section A of the Mill Creek Parcel Deed (Defined Terms) shall be deleted insofar as they apply to the Mill Creek Parcel and replaced with the following:
Modification of Defined Terms. Certain capitalized terms in Section A of the Red Sands/Arbiter Parcel Deed (Defined Terms) shall be deleted insofar as they apply to the Reconfigured ADLC Portion of the Red Sands/Arbiter Parcel and replaced with the following:
Modification of Defined Terms. (Section 1.1. The defined terms “FATCA”, “Federal Funds Rate”, “Libor Rate” and “Termination Date” as set forth in Section 1.1 of the Credit Agreement are hereby deleted in their entirety and are replaced with the following:
Modification of Defined Terms. The following defined terms set forth in Article 1 of the Fourth Restated Loan Agreement are hereby amended and restated in their entirety to read as follows:
Modification of Defined Terms. Article 1 of the Credit Agreement, shall be amended, as of the Amendment Effective Date, by (i) adding the following sentence at the end of the definition of “Borrowing Base Value”: Notwithstanding the foregoing, for purposes of calculating the amount of Borrowing Base NOI to be used in clause (x) of the preceding sentence of this definition, (A) no Borrowing Base Property shall be deemed to have Net Operating Income of less than zero for any period and (B) if any Borrowing Base Property is subject to a Lease which has commenced but provides for an initial period of rent abatement or reduction that falls in whole or in part within the period on which Borrowing Base NOI is being calculated, the Net Operating Income attributable to such Borrowing Base Property for such initial abatement or reduction period shall be determined as if the rental income for such Borrowing Base Property included rents paid at the rental rate that will be payable under such Lease during the first full calendar month immediately following such period, provided that (i) no such period of deemed increase shall continue for longer than the first twenty percent (20%) of the initial term of such Lease and (ii) the portion of Borrowing Base Value attributable to Borrowing Base Properties which have Borrowing Base NOI then deemed to be increased under this clause (B) shall not at any time constitute more than fifteen percent (15%) of total Borrowing Base Value. and (ii) adding the following sentence at the end of the definition of “Consolidated Gross Asset Value”: Notwithstanding the foregoing, for purposes of calculating the amount of Net Operating Income to be used in clauses (i) and (iv) of the preceding sentence of this definition, (A) no Project shall be deemed to have Net Operating Income of less than zero for any period and (B) if any Project is subject to a Lease which has commenced but provides for an initial period of rent abatement or reduction that falls in whole or in part within the period on which Net Operating Income is being calculated, the Net Operating Income attributable to such Project for such initial abatement or reduction period shall be determined as if the rental income for such Project included rents paid at the rental rate that will be payable under such Lease during the first full calendar month immediately following such period, provided that (i) no such period of deemed increase shall continue for longer than the first twenty percent (20%) of the initial ter...
