Sale of Unencumbered Asset Pool Properties. Prior to the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Agent, (ii) deliver to the Lead Agent a certificate from its chief financial officer or chief accounting officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.9, 5.16 and 5.17 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Agent an amount equal to that re- quired pursuant to Section 2.9(a). In the event that a Separate Parcel that originally formed a part of an Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Agent at the time of sale or transfer in its sole discretion.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp), Revolving Credit Agreement (Cabot Industrial Trust)
Sale of Unencumbered Asset Pool Properties. Prior to ------------------------------------------ the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Agent, (ii) deliver to the Lead Agent a certificate from its chief financial officer or chief accounting officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an a Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.95.14, 5.16 5.16, 5.17 and 5.17 5.20 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Lead Agent an amount equal to that re- quired required pursuant to Section 2.9(a2.10(a). In the event that a Separate Parcel that originally formed a part of an a Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Agent at the time of sale or transfer in its sole discretion.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Kilroy Realty Corp), Revolving Credit Agreement (Kilroy Realty Corp)
Sale of Unencumbered Asset Pool Properties. Prior to the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Agent, (ii) deliver to the Lead Agent a certificate from its chief financial officer or chief accounting officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.9, 5.16 and 5.17 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Agent an amount equal to that re- quired required pursuant to Section 2.9(a). In the event that a Separate Parcel that originally formed a part of an Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Agent at the time of sale or transfer in its sole discretion.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Corp), Revolving Credit Agreement (Cabot Industrial Trust)
Sale of Unencumbered Asset Pool Properties. Prior to the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Agent, (ii) deliver to the Lead Agent a certificate from its chief financial officer or chief accounting officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an a Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.95.14, 5.16 5.16, 5.17 and 5.17 5.20 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Lead Agent an amount equal to that re- quired required pursuant to Section 2.9(a2.10(a). In the event that a Separate Parcel that originally formed a part of an a Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Agent at the time of sale or transfer in its sole discretion.
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Sale of Unencumbered Asset Pool Properties. Prior to ------------------------------------------ the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Administrative Agent, (ii) deliver to the Lead Administrative Agent a certificate from its chief financial officer or chief accounting officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an a Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.95.14, 5.16 5.16, 5.17 and 5.17 5.20 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Administrative Agent an amount equal to that re- quired required pursuant to Section 2.9(a2.10(a). In the event that a Separate Parcel that originally formed a part of an a Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Administrative Agent at the time of sale or transfer in its sole discretion.
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Sale of Unencumbered Asset Pool Properties. Prior to Concurrent with the ------------------------------------------ sale or transfer of any Unencumbered Asset Pool Property, the Borrower shall (i) deliver prior written notice to the Lead Administrative Agent, (ii) deliver to the Lead Administrative Agent a certificate from its chief financial officer or officer, chief accounting officer, vice president or other duly authorized officer certifying that at the time of such sale or other disposal (based on pro-forma calculations for the previous period assuming that such Unencumbered Asset Pool Property was not an a Unencumbered Asset Pool Property for the relevant period) all of the covenants contained in Sections 5.8, 5.95.14, 5.16 5.16, 5.17 and 5.17 5.20 are and after giving effect to the transaction shall continue to be true and accurate in all respects, and (iii) pay to the Administrative Agent an amount equal to that re- quired required pursuant to Section 2.9(a2.10(a). In the event that a Separate Parcel that originally formed a part of an a Unencumbered Asset Pool Property is to be sold or transferred, the value of the remaining portion of the Unencumbered Asset Pool Property will be determined by Lead Administrative Agent at the time of sale or transfer in its sole discretion.
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