Additional Properties. From time to time during the Term of this Agreement, the Parties may mutually agree to add certain Land Bank Assets to this Agreement, so as to become a Leased Property hereunder, and to execute a Master Lease for such new Leased Property in accordance herewith. In the event either Party wishes to make a Land Bank Asset a Leased Property hereunder, such Party (the “Requesting Party”) will have the right to send a written notice (an “Additional Property Notice”) to the other Party (the “Non-Requesting Party”) indicating its desire to add a Land Bank Asset to this Agreement as a Leased Property (and to cause a Master Lease to be executed for such property), which Additional Property Notice will include information regarding the subject property and its leasing and/or development or redevelopment needs. The Requesting Party will further provide additional information and documentation reasonably requested by the Non-Requesting Party within five (5) business days of the date on which such request is made. Upon receipt of the Additional Property Notice from the Requesting Party, the Non-Requesting Party will have thirty (30) days to review the information provided regarding the subject property, request any additional information and documentation regarding the subject property, and approve or disapprove the addition of the subject property to this Agreement. If the Non-Requesting Party approves the addition of the subject property, the Parties will have an additional ninety (90) days following the date of such approval, or such longer period of time as to which the Parties may mutually agree, to (1) collaborate and mutually agree on the Redevelopment Plan for the subject property, and (2) mutually negotiate the terms of the Master Lease for such subject property, using the form of Standard Lease attached hereto as Exhibit A (or a Non-Standard Lease, if so agreed by the Parties). If the Non-Requesting Party disapproves the addition of the subject property (or fails to timely approve it), or if the Parties are unable to reach an agreement as to the Redevelopment Plan and/or the Master Lease terms for such property above within such ninety
Additional Properties. Unless Owners and Managing Agent otherwise agree in writing, all Properties from time to time acquired by Owners or their affiliates shall automatically become subject to this Agreement without amendment hereof.
Additional Properties. If this Lease is the Section 39 Lease, effective as of the date specified in Section 39.4 below (the “Section 39 Date”), this Lease shall be deemed to be amended as follows:
Additional Properties. Bank shall have the right to a first mortgage lien position on any and all hereafter acquired or owned producing oil and/or gas well(s) or properties of whatever type of Borrowers that have been evaluated for purposes of determining the Collateral Borrowing Base, even though such well(s) or properties do not constitute Collateral or Proven Reserves as of the date of this Agreement, including, without limitation, all newly or hereafter acquired oil and/or gas xxxxx or properties. Such first mortgage lien in favor of Bank against any such future producing well shall comply with the provisions of Section 4.1 hereof. In the event such additional first mortgage lien in favor of the Bank is granted, then from the date of the granting of such first mortgage lien, all of such additional properties will be deemed part and parcel of the Collateral constituting security for the repayment of the Indebtedness.
Additional Properties. From time to time Manager and Owner may by mutual consent agree to add properties to this Management Agreement. The addition of such properties to this Management Agreement shall be evidenced in writing executed by all the parties hereto.
Additional Properties. If the Parties acquire additional properties that they desire to be subject to this Agreement, they agree that Pioneer USA shall be the operator of such properties (unless the properties are subject to an operating agreement under which a third party is operator and will continue as operator), and agree to make such amendments to this Agreement (and, if applicable, the Pioneer Operating Agreement) as are necessary for this Agreement (and, if applicable, the Pioneer Operating Agreement) to apply to such additional properties.
Additional Properties. The Parent shall, and shall cause each of the other Company Parties to, promptly notify the Administrative Agent upon acquisition of any additional Properties;
Additional Properties. The Parties agree to comply with the terms and provisions contained in Schedule 6.9 hereto.
Additional Properties. 6. Atlantic has retained certified design professionals associated with United Spinal Association, with expertise regarding the FHA and the Accessible Design Requirements (the “Surveyors”), to survey the public and common use areas of each of the Additional Properties to determine what actions, if any, must be taken to bring those areas into compliance with the accessibility requirements of the FHA. For purposes of conducting surveys and reporting survey results as required by this Section, the Surveyors shall measure and report compliance with the FHA by reference to one of the following standards (each a “Safe Harbor”), where such single Safe Harbor has been used in its entirety: (i) the Guidelines; (ii) a standard designated as an FHA safe harbor by the Department of Housing and Urban Development; or (iii) a recognized, comparable, objective standard of accessibility that has been found by this district court or the Second Circuit to incorporate the requirements of the Fair Housing Act. Atlantic shall select a single Safe Harbor that shall be applied by the Surveyors throughout each of the Additional Properties; the Safe Harbor selected may be different for each Additional Property.
Additional Properties. Within 10 days after a Major Capital Event as to an Additional Property by the Company (or one of its Subsidiaries), and the determination of the amount of Net Extraordinary Cash Flow from such Additional Property which is distributable to each Member with respect to such Property, the Manager shall cause each Member’s cumulative IRR as to the Additional Properties to be calculated taking into account the amount and timing of all Capital Contributions with respect to the Additional Properties, and all distributions made hereunder with respect to the Additional Properties prior to such Major Capital Event in accordance with EXHIBIT 7-A attached. Inland shall be entitled to an incentive distribution (the “Additional Property Incentive Distribution“, and collectively with the Initial Property Incentive Distribution, the “Incentive Distribution”) set forth below depending upon the IRR of the Members and as reflected in Section 7.4(c)(ii)(C) and (D): = 1 Members’ Internal Rate of Return (“IRR”) applicable to Properties Purchased Using Capital Contributions made pursuant to Additional Capital Commitments (The calculation of the IRR shall take into account the amount and timing of all Capital Contributions of and distributions to Members with respect to Additional Properties and shall be determined in accordance with the rules contained in Exhibit 7-A) Additional Property Incentive Distribution to Inland After the IRR is 8% and until the IRR is 10% 5% After the IRR is 10% 25% For purposes of determining whether the IRR has been met hereunder, no Member shall be deemed to have received the amount of the Additional Property Incentive Distributions paid to Inland hereunder. No amount paid by the Company to Inland as Additional Property Incentive Distribution is intended to constitute a fee or other remuneration for services.
