Agreement Regarding Fees. See §4.2.
Agreement Regarding Fees. See §4.2. Alternative Currency. Each of Euro and Sterling or other currency as applicable in the event Euro and/or Sterling is replaced.
Agreement Regarding Fees. The Agreement Regarding Fees dated of even date herewith between the Borrower and BKB.
Agreement Regarding Fees. The Agreement Regarding Fees dated of even date herewith between the Borrower and FNBB.
Agreement Regarding Fees. The Agreement Regarding Fees of even date herewith between Borrower and KeyBank.
Agreement Regarding Fees. See §4.2. Alternate Rate. For any day, for any Alternative Currency, the sum of (a) a rate per annum quoted or established as the “prime rate” appearing on a nationally recognized screen (or if no such screen is available a similar rate quoted by a nationally recognized bank) as determined by the Agent in its reasonable discretion based on market conditions, reflecting the cost to the Lenders of obtaining funds in such Alternative Currency, plus (b) the Applicable Margin for Benchmark Loans; provided that if the Alternate Rate as so determined would be less than the Floor, such rate shall be deemed to be equal to the Floor for the purposes of this Agreement. When used in reference to any Loan, “Alternate Rate” refers to whether such Loan is bearing interest at a rate determined by reference to the Alternate Rate.
Agreement Regarding Fees. See §4.2. Anti-Corruption Laws. All laws, rules, and regulations of any jurisdiction applicable to Borrower or its Subsidiaries from time to time concerning or relating to bribery or corruption.
Agreement Regarding Fees. See §4.2. Anti-Corruption Laws. All laws, rules, and regulations of any jurisdiction applicable to the Borrower, REIT or the Borrower’s Subsidiaries from time to time concerning or relating to bribery or corruption, including, without limitation, the United States Foreign Corrupt Practices Act of 1977 and the rules and regulations thereunder and the U.K. Bxxxxxx Xxx 0000 and the rules and regulations thereunder. Anti-Money Laundering Laws. Any and all laws, statutes, regulations or obligatory government orders, decrees, ordinances or rules applicable to the Borrower, REIT, the Borrower’s Subsidiaries or Affiliates related to terrorism financing or money laundering, including any applicable provision of the Patriot Act and The Currency and Foreign Transactions Reporting Act (also known as the “Bank Secrecy Act,” 31 U.S.C. §§ 5311-5330 and 12U.S.C. §§ 1818(s), 1820(b) and 1951-1959).
Agreement Regarding Fees. Any other promissory notes, deeds of trust, mortgages, security agreements, financing statements, assignments of leases, or other instruments required or advisable in connection with any other Initial Loan Document. EXHIBIT F PROJECT BUDGET EXHIBIT G TIME SCHEDULE Site work March 1998 Construction Start April 1998 First Units Leased October 1998 Last Units Completed May 1999 Target 95% Leased October 1, 1999
Agreement Regarding Fees. See §4.2. Applicable Margin. On any date, the Applicable Margin set forth below based on the ratio of the Consolidated Total Indebtedness of Borrower to the Consolidated Total Asset Value of Borrower: Pricing Level 1 Less than or equal to 50% 2.00% 1.00% 1.95% 0.95% Pricing Level 2 Greater than 50% but less than or equal to 55% 2.25% 1.25% 2.20% 1.20% Pricing Level 3 Greater than 55% but less than or equal to 60% 2.50% 1.50% 2.45% 1.45% Pricing Level 4 Greater than 60% 2.75% 1.75% 2.70% 1.70% The initial Applicable Margin shall be at Pricing Level 3. The Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) Business Day following the delivery by Parent to the Agent of the Compliance Certificate at the end of a calendar quarter. In the event that Parent shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Applicable Margin shall be at Pricing Level 4 until such failure is cured within any applicable cure period, in which event the Applicable Margin shall adjust, if necessary, on the first (1st) Business Day following receipt of such Compliance Certificate. In the event that the Agent and Parent determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin for any period (an “Applicable Period”) than the Applicable Margin applied for such Applicable Period, then (i) Parent shall as soon as practicable deliver to the Agent the corrected financial statements for such Applicable Period, (ii) the Applicable Margin shall be determined as if the Pricing Level for such higher Applicable Margin were applicable for such Applicable Period, and (iii) the Borrower shall within five (5) Business Days of demand thereof by the Agent pay to the Agent the accrued additional amount owing as a result of such increased Applicable Margin for such Applicable Period, which payment shall be promptly applied by the Agent in accordance with this Agreement.
