Debt Restructure. If Buyer desires to place any mortgages on the Property Assets (other than the Assumed Debt), in order to facilitate a like-kind exchange, provided that such financing would not create adverse tax consequences for Seller, Seller shall on request of Buyer cooperate with Buyer and take reasonable steps to accommodate such request, including without limitation, execution of documents to accomplish the same, and assistance with the estoppels referenced in Section 9.6 provided that Seller shall have no liability for any such financing or by executing any such documents.
Debt Restructure. (i) The Company and Buyer have agreed to use a portion of the gross proceeds from the sale of the Units to restructure the existing debt of $450,000 in the Company’s subsidiary Hero Capital Profits Limited evidenced by that certain Series 2009 Secured Note dated September 9, 2009. $200,000 of the outstanding balance of $450,000 shall be exchanged for 2 Units and a cash payment of $75,000 which shall be disbursed from the US escrow account of Greentree Financial Group, Inc. on January 4, 2010. The balance of $175,000 shall remain on the books of the Company’s subsidiary Hero Capital Profits Limited and the Series 2009 Secured Note dated September 9, 2009, the Guaranty, Stock Pledge Agreement, Affidavits and Irrevocable Transfer Instructions shall all remain in effect. After Closing the balance of the Series 2009 Secured Note shall be $175,000 and the terms including interest and maturity date shall remain unchanged.
Debt Restructure. If Buyer desires to place any mortgages on the Property Assets, in order to facilitate a like-kind exchange, provided that such financing would not create adverse tax consequences for Seller, or interfere with Seller's obtaining the release of the Plymouth Mortgages, Seller shall on request of Buyer cooperate with Buyer and take reasonable steps to accommodate such request, including without limitation, execution of documents to accomplish the same, and assistance with the estoppels referenced in Section 9.6 provided that Seller shall have no liability for any such financing or by executing any such documents.
Debt Restructure. In lieu of the requirements previously set forth in Section 1.1 of the Fifth Amendment, Borrower hereby covenants and agrees that:
Debt Restructure. HPSIP and its affiliates shall have executed and delivered to Parent definitive financing agreements consistent with the form credit agreement made part of the Binding Commitment Letter.
Debt Restructure. Subsequent to the Closing and the effective date of the amendment to the Artciels of Incorporation, BWI shall have renegotiated a total of $________ of the outstanding debt on the balance sheet of BWI (the “Convertible Debt”) by way of convertible notes, (the “Convertible Notes”) convertible into no more than 50,000,000 shares of common stock of BWI.
Debt Restructure. All action required in order to effect the restructure, modification and amendment of Beverly's indebtedness for borrowed money, as contemplated by Section 5.16(a), shall have been completed.
Debt Restructure. Anything contained in the Agreement to the contrary notwithstanding, the "Debt Restructure" (as defined in the Agreement) may, at PGP's election which may be made in PGP's sole and absolute discretion, consist of the following:
Debt Restructure. 22 6.6 Insurance................................................................... 23 6.7
Debt Restructure. PGP has received a proposal from Trowxxxxxx, Xxesxxxxxxx & Xompany, Inc. in a letter to Lonnxx Xxxxx xxxed May 27, 1997 regarding restructuring the Cigna Debt, a copy of which is attached hereto as Exhibit O (the "Cigna Restructure Proposal"). Eden and PGP have determined that restructuring the Cigna Debt (either through modifying the terms of the existing Cigna Debt or refinancing the existing Cigna Debt with a new loan from Cigna) on substantially the terms reflected in the Cigna Restructure Proposal is acceptable. However, PGP may also determine that another lending institution other than Cigna may be willing to provide financing for the Properties (thereby replacing the Cigna Debt with a new loan from a new lender) on terms which, in the aggregate, are more favorable to the Operating Partnership than those available from Cigna. Eden authorizes PGP to conduct such discussions and negotiations with Cigna and other potential lenders as PGP deems necessary or appropriate to finalize the Cigna Restructure Proposal or obtain such alternative financing, and to review and negotiate loan documents prepared by Cigna or another lender to implement the Cigna Restructure Proposal or such other financing (collectively, the "Debt Restructure Documents"), such that the Cigna Debt will be restructured or refinanced by either Cigna or another lender concurrently with Closing on terms acceptable to PGP in its sole and absolute discretion (the "Debt Restructure"); provided, however, that PGP shall have no power or authority to bind Eden or any of the Properties prior to Closing without Eden's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Anything contained herein to the contrary notwithstanding, neither party shall be obligated to accept the Debt Restructure if the Debt Restructure (a) does not provide that the debt shall be guaranteed in an amount equal to $12,000,000 by Eden, but without recourse to the partners or members of Eden; (b) does not provide that the debt shall be
