Increases in NHP's Maximum Investment Sample Clauses

Increases in NHP's Maximum Investment. (a) The parties hereby acknowledge and agree that the Budgets attached hereto as Exhibit "C" shall include amounts ("Equipment Amounts") for new equipment, furniture, furnishings and other personal property (hereinafter collectively referred to as the "New Equipment") purchased or to be purchased on behalf of NHP or MLD by Developer, and then leased under the Leases to the respective Tenants for use at the respective Facilities. The portion of the Equipment Amounts set aside for each respective Facility shall be clearly set forth in the Budgets attached as Exhibit "C" hereof. Applications for Payment for the New Equipment shall be made by Developer in the manner required under and in compliance with Paragraph 2.11(e) and the other provisions of applicable Development Agreements. Effective as of the date of payment, any amounts paid by NHP or MLD for New Equipment at each Facility shall be treated as a Development Advance under the Development Agreement for such Facility, and correspondingly, under the respective Leases (for all purposes, including, without limitation, calculation of Minimum Rent accruing or payable thereunder) as advances under such Development Agreements for Work and as increases in Landlord's Investment in such Facility, regardless of whether such Facility is an Incomplete Facility or is already operating. For purposes of the Master Agreement, the term "NHP's Maximum Investment"
Sample 1
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Increases in NHP's Maximum Investment. The parties may in the future mutually agree in writing, by amendment of this Agreement, to (i) increase the number of Properties or Facilities governed by this Agreement (ii) apply any Under Budget Amount to the development of improvements on such additional Properties or Facilities, and/or (iii) increase NHP's Maximum Investment; provided, however, if and when BCC or its Affiliates have received assignment of and/or assumed the rights, duties, and obligations of the Tenants under all the Leases for all the Transactions, then (A) BCC and its Affiliates hereby agree that all similar transactions by and between NHP and its Affiliates and BCC and its Affiliates, shall be defined as Transactions for purposes of this Agreement and be subject to this Agreement for all purposes, and (B) for purposes of this sentence, Elder Care, Oakhaven, and such Tenants shall cease to be parties to this Agreement. NHP's Maximum Investment shall not be increased for any reason without the express written consent of NHP, which consent shall be at the sole discretion of NHP, and no application of an Under Budget Amount as contemplated in Paragraph 6(b) above shall constitute a consent to increase NHP's Maximum Investment. This Agreement is made effective as of March 27, 1998. "NHP" NATIONWIDE HEATH PROPERTIES, INC., a Maryland corporation By: /s/ GARY X. XXXXX -------------------------------- Gary X. Xxxxx, Xxce President "MLD" MLD DELAWARE TRUST, a Delaware business trust By: /s/ MARK X. XXXXXXX -------------------------------- Mark X. Xxxxxxx, Xxustee "BCC" BALANCED CARE CORPORATION, a Delaware corporation By: /s/ ROBIX X. XXXXXX ---------------------------------- Name: Robix X. Xxxxxx -------------------------------- Title: Assistant Secretary ------------------------------- "DEVELOPER" BCC DEVELOPMENT AND MANAGEMENT CO., a Delaware corporation By: /s/ ROBIX X. XXXXXX ----------------------------------- Name: Robix X. Xxxxxx --------------------------------- Title: Secretary -------------------------------- "ELDER CARE" ELDER CARE OPERATORS, LLC, a Delaware limited liability company By: /s/ signature missing ----------------------------------- Name: --------------------------------- Title: -------------------------------- "OAKHAVEN" OAKHAVEN ELDER LIVING, INC. By: /s/ signature missing ----------------------------------- Name: --------------------------------- Title: -------------------------------- EXHIBIT "A" SCHEDULE OF PROJECTS Maximum NHP Name of Facility Location Investm...
Sample 1
Increases in NHP's Maximum Investment. The parties may in the future mutually agree in writing, by amendment of this Agreement, to (i) increase the number of Properties or Facilities governed by this Agreement (ii) apply any Under Budget Amount to the development of improvements on such additional Properties or Facilities, and/or (iii) increase NHP's Maximum Investment; provided, however, if and when BCC or its Affiliates have received assignment of and/or assumed the rights, duties, and obligations of the Tenants under all the Leases for all the Transactions, then (A) BCC and its Affiliates hereby agree that all similar transactions and/or leases by and between NHP and its Affiliates and BCC and its Affiliates, shall be defined as Transactions and/or Other Leases for purposes of this Agreement and be subject to this Agreement for all purposes, including, without limitation, the cross default and cross renewal provisions set forth herein, and (B) for purposes of this sentence, Tenants' Owner and such Tenants shall cease to be parties to this Agreement. NHP's Maximum Investment shall not be increased for any reason without the express written consent of NHP, which consent shall be at the sole discretion of NHP, and no application of an Under Budget Amount as contemplated in Paragraph 6(b) above shall constitute a consent to increase NHP's Maximum Investment.
Sample 1

Related to Increases in NHP's Maximum Investment

  • Maximum Loan Amount “Maximum Loan Amount” has the meaning set forth in Section 2.1(a).

  • Maximum Capital Expenditures Make or commit to make, or allow any of its Subsidiaries to make or commit to make, Capital Expenditures exceeding, in the aggregate for each Fiscal Year until the Termination Date, the greater of (A) EBITDA for such Fiscal Year, less the sum of (I) cash interest expense for such Fiscal Year, plus (II) amounts paid under Section 2.03 and all principal payments under the GECC Capital Lease and the NTFC Capital Lease (a) during Fiscal Year 2002 (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2003) or (b) during Fiscal Year 2004 or the applicable Fiscal Year thereafter (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2004 or the applicable succeeding Fiscal Year, as the case may be), or (B) $10,000,000 for Fiscal Year 2003 and $15,000,000 for each Fiscal Year thereafter. For purposes of calculating maximum Capital Expenditures, the amount calculated in item (II) above shall be deemed not to have exceeded $20,000,000 for Fiscal Year 2004 and shall be deemed not to have exceeded $30,000,000 for Fiscal Year 2005. Compliance with this Section 5.02(q)(i) shall be measured at the end of each Fiscal Year, commencing with Fiscal Year 2003. To the extent the Borrower’s actual Capital Expenditures for any Fiscal Year are less than the maximum Capital Expenditures for such Fiscal Year computed as aforesaid, the Borrower may increase Capital Expenditures for the subsequent Fiscal Year by an amount equal to the amount by which such maximum Capital Expenditures exceed such actual Capital Expenditures, but not by an amount which exceeds $5,000,000. For the purposes of this Section 5.02(q)(i) only, Capital Expenditures shall not include the Contingent Payments and any payment made in respect of that certain litigation arising from or in relating in any way to the use of rights of way granted to the Borrower by Mississippi Power Company; provided, that, to the extent that payment made in respect of such litigation is equal to or greater than $5,000,000, the Borrower shall deliver to the Agent prior to the payment thereof, a statement that the Borrower will have not less than $11,500,000 in cash and Cash Equivalents (excluding any insurance proceeds deposited with the Collateral Agent as described in clause (C) of the proviso in the definition of “Extraordinary Receipts”) after making such payment, certified by the Chief Financial Officer of the Parent.

  • Minimum Amounts and Maximum Number of Tranches All borrowings, prepayments, conversions and continuations of Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, after giving effect thereto, the aggregate principal amount of the Loans comprising each Eurodollar Tranche shall be equal to $10,000,000 or a whole multiple of $1,000,000 in excess thereof. In no event shall there be more than five Eurodollar Tranches outstanding at any time.

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

  • Property Cash Flow Allocation (a) During any Cash Management Period, all Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority:

  • Maximum Advance Amount The amount of an Advance requested by the Company shall not exceed the Maximum Advance Amount. In addition, in no event shall the number of shares issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned by the Investor and its affiliates to exceed nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company. For the purposes of this section beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act.

  • Commitment Amount With respect to any Portfolio Asset that is a Delayed-Draw Loan as of any date of determination, the maximum outstanding principal amount of such Portfolio Asset that a registered holder of the amount of such Portfolio Asset held by the Issuer would on such date be obligated to fund (including all amounts previously funded and outstanding, whether or not such amounts, if repaid, may be reborrowed).

  • Maximum Amount (a) It is the intention of the Borrowers and the Lenders to conform strictly to the usury and similar laws relating to interest from time to time in force, and all agreements between the Loan Parties and their respective Subsidiaries and the Lenders, whether now existing or hereafter arising and whether oral or written, are hereby expressly limited so that in no contingency or event whatsoever, whether by acceleration of maturity hereof or otherwise, shall the amount paid or agreed to be paid in the aggregate to the Lenders as interest (whether or not designated as interest, and including any amount otherwise designated but deemed to constitute interest by a court of competent jurisdiction) hereunder or under the other Loan Documents or in any other agreement given to secure the Indebtedness evidenced hereby or other Obligations of the Borrowers, or in any other document evidencing, securing or pertaining to the Indebtedness evidenced hereby, exceed the maximum amount permissible under applicable usury or such other laws (the “Maximum Amount”). If under any circumstances whatsoever fulfillment of any provision hereof, or any of the other Loan Documents, at the time performance of such provision shall be due, shall involve exceeding the Maximum Amount, then, ipso facto, the obligation to be fulfilled shall be reduced to the Maximum Amount. For the purposes of calculating the actual amount of interest paid and/or payable hereunder in respect of laws pertaining to usury or such other laws, all sums paid or agreed to be paid to the holder hereof for the use, forbearance or detention of the Indebtedness of the Borrowers evidenced hereby, outstanding from time to time shall, to the extent permitted by Applicable Law, be amortized, pro-rated, allocated and spread from the date of disbursement of the proceeds of the Loans until payment in full of all of such Indebtedness, so that the actual rate of interest on account of such Indebtedness is uniform through the term hereof. The terms and provisions of this Section 11.20(a) shall control and supersede every other provision of all agreements between the Borrowers or any endorser of the Loans and the Lenders.

  • Loan Amount Party A agrees, subject to the terms and conditions of this Agreement, to extend the Loan to Party B and Party C in a total amount of RMB 10,000,000, of which 80% shall be for the benefit of Party B and the remaining 20% shall be for the benefit of Party C. The Loan shall be interest-free.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

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