Common use of Borrower Notices and Deliveries Clause in Contracts

Borrower Notices and Deliveries. Borrower shall (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to materially adversely affect Borrower's or Sole Member's condition (financial or otherwise) or business or any Property; (ii) any material adverse change in Borrower's or Sole Member's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days after request) and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year) within fifteen days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) use commercially reasonable efforts to obtain and deliver to Lender (but no more frequently than once in any year) within 45 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

AutoNDA by SimpleDocs

Borrower Notices and Deliveries. Borrower and Operating Lessee shall (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, Borrower Representative, Operating Lessee or Sole Member which, if adversely determined, is likely to the Mezzanine Loan Parties which might materially adversely affect Borrower's ’s, Borrower Representative’s, Operating Lessee’s or Sole Member's the Mezzanine Loan Parties’ condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in Borrower's ’s, Borrower Representative’s, Operating Lessee’s or Sole Member's the Mezzanine Loan Parties’ condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower or Operating Lessee has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days after request) and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title appraisals and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (x) within fifteen daysten (10) Business Days of request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower and Operating Lessee set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) use commercially reasonable efforts to obtain and deliver to Lender within thirty (but no more frequently than once in any year30) within 45 daysdays of request, tenant Tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant Tenant at each the Property in form and substance reasonably satisfactory to Lender., and (z) within ten (10) days of request, an estoppel certificate addressed to Lender, its successors and assigns from Franchisor stating that (1) the Franchise Agreement is in full force and effect and has not been modified, amended or assigned, (2) neither Franchisor nor Operating Lessee is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows, to the extent true, of no event which, but for the passage of time or the giving of notice or both, would constitute a default under the Franchise Agreement, (3) neither Franchisor nor Operating Lessee has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full. Lender agrees that it shall not request the estoppels described in the foregoing clause (y) and clause (z) more than one (1) time in any calendar year unless such request is made after the occurrence of an Event of Default or in connection with or contemplation of a Secondary Market Transaction. Borrower shall not be in Default hereunder for failing to provide the estoppel certificates described in clauses (y) or (z) so long as Borrower uses commercially reasonable efforts to obtain the same and keeps Lender reasonably apprised of its progress with respect thereto. 71

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

Borrower Notices and Deliveries. Borrower shall (or shall cause Owner to) (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to the OP (or any other Guarantor) or the REIT or Owner which might materially adversely affect Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s or Owner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s or Owner’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) if requested by Lender, any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member the OP (or Konover Property Trustany other Guarantor), Inc. the REIT, Owner, Manager, or any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), Borrower shall(x) furnish to Lender within fifteen ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within thirty (30) days, use commercially reasonable efforts to obtain and deliver to Lender (but no more frequently than once in any year) within 45 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc)

Borrower Notices and Deliveries. Borrower shall (and shall cause Mortgage Borrower to) (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to Mortgage Borrower which might materially adversely affect Borrower's ’s or Sole Member's Mortgage Borrower’s condition (financial or otherwise) or business business, the Collateral or any the Property; (ii) any material adverse change in Borrower's ’s or Sole Member's Mortgage Borrower’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member Mortgage Borrower, Manager, or Konover Property Trust, Inc. any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by LenderLender in accordance with the terms of this Agreement and/or other Loan Documents. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), (x) Borrower shall furnish to Lender, within fifteen ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) use commercially reasonable efforts Borrower shall cause Mortgage Borrower to obtain and deliver furnish to Lender Lender, within thirty (but no more frequently than once in any year30) within 45 days, tenant Tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant Tenant at each the Property in form and substance reasonably satisfactory to Lender, and (z) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to furnish to Lender within thirty (30) days, an estoppel certificate from Franchisor stating that (1) the Franchise Agreement is in full force and effect, (2) neither Franchisor nor Borrower is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Franchise Agreement, (3) neither Franchisor nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement, and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full.

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Borrower Notices and Deliveries. Borrower shall (or shall cause Owner to) (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower Borrower, or Sole Member which, if adversely determined, is likely to or Owner which might materially adversely affect Borrower's ’s, or Sole Member's ’s or Owner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in Borrower's ’s, or Sole Member's ’s or Owner’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member Member, Owner, Manager, or Konover Property Trust, Inc. any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all existing instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice once in any yeartwelve (12) month period), Borrower shall furnish to Lender, (x) within fifteen ten days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) Borrower shall use commercially reasonable efforts to obtain and deliver to within thirty (30) days after request by Lender (but no more frequently than once twice in any yeartwelve (12) within 45 daysmonth period with respect to any one tenant (unless an Event of Default has occurred and is continuing)), tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Borrower Notices and Deliveries. Borrower and Operating Lessee shall (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, Borrower Representative, Operating Lessee or Sole Member which, if adversely determined, is likely to the Mezzanine Loan Parties which might materially adversely affect Borrower's ’s, Borrower Representative’s, Operating Lessee’s or Sole Member's the Mezzanine Loan Parties’ condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in Borrower's ’s, Borrower Representative’s, Operating Lessee’s or Sole Member's the Mezzanine Loan Parties’ condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower or Operating Lessee has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days after request) and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title appraisals and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (x) within fifteen daysten (10) Business Days of request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower and Operating Lessee set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) use commercially reasonable efforts to obtain and deliver to Lender within thirty (but no more frequently than once in any year30) within 45 daysdays of request, tenant Tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant Tenant at each the Property in form and substance reasonably satisfactory to Lender, and (z) within ten (10) days of request, an estoppel certificate addressed to Lender, its successors and assigns from Franchisor stating that (1) the Franchise Agreement is in full force and effect and has not been modified, amended or assigned, (2) neither Franchisor nor Operating Lessee is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows, to the extent true, of no event which, but for the passage of time or the giving of notice or both, would constitute a default under the Franchise Agreement, (3) neither Franchisor nor Operating Lessee has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full. Lender agrees that it shall not request the estoppels described in the foregoing clause (y) and clause (z) more than one (1) time in any calendar year unless such request is made after the occurrence of an Event of Default or in connection with or contemplation of a Secondary Market Transaction. Borrower shall not be in Default hereunder for failing to provide the estoppel certificates described in clauses (y) or (z) so long as Borrower uses commercially reasonable efforts to obtain the same and keeps Lender reasonably apprised of its progress with respect thereto. Financial Reporting .

Appears in 1 contract

Samples: Project Loan Agreement (Hersha Hospitality Trust)

Borrower Notices and Deliveries. Borrower and Operating Lessee Owner shall (and shall cause the Mortgage Loan Parties to) (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, Borrower Representative, Operating Lessee Owner or Sole Member which, if adversely determined, is likely to the Mortgage Loan Parties which might materially adversely affect Borrower's ’s, Borrower Representative’s, Operating Lessee Owner’s or Sole Member's the Mortgage Loan Parties’ condition (financial or otherwise) or business business, the Property or any Propertythe Collateral; (ii) any material adverse change in Borrower's ’s, Borrower Representative’s, Operating Lessee Owner’s or Sole Member's the Mortgage Loan Parties’ condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower Borrower, Operating Lessee Owner or any Mortgage Loan Party has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days after request) and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title appraisals and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), (x) Borrower shall furnish to Lender within fifteen daysten (10) Business Days of request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower and Operating Lessee Owner set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) use commercially reasonable efforts to obtain and deliver Borrower shall (or shall cause Mortgage Borrower to) furnish to Lender within thirty (but no more frequently than once in any year30) within 45 daysdays of request, tenant Tenant estoppel certificates addressed to Lender, its successors and assigns assigns, from each tenant Tenant at each the Property in form and substance reasonably satisfactory to Lender, and (z) Borrower shall (or shall cause Mortgage Borrower to) furnish to Lender, within ten (10) days of request, an estoppel certificate addressed to Lender, its successors and assigns from Franchisor stating that (1) the Franchise Agreement is in full force and effect and has not been modified, amended or assigned, (2) neither Franchisor nor Operating Lessee is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows, to the extent true, of no event which, but for the passage of time or the giving of notice or both, would constitute a default under the Franchise Agreement, (3) none of Franchisor, Operating Lessee Owner or Operating Lessee has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full. Lender agrees that it shall not request the estoppels described in the foregoing clause (y) and clause (z) more than one (1) time in any calendar year unless such request is made after the occurrence of an Event of Default or in connection with or contemplation of a Secondary Market Transaction. Borrower shall not be in Default hereunder for failing to provide the estoppel certificates described in clauses (y) or (z) so long as Borrower uses commercially reasonable efforts to obtain (or cause Mortgage Borrower to obtain) the same and keeps Lender reasonably apprised of its progress with respect thereto.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)

AutoNDA by SimpleDocs

Borrower Notices and Deliveries. Borrower shall (or shall cause Senior Mezzanine Loan Borrower to or shall cause Owner to) (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to the OP (or any other Guarantor) or the REIT or Senior Mezzanine Loan Borrower or Owner which might materially adversely affect Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s or Senior Mezzanine Loan Borrower’s or Owner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s or Senior Mezzanine Loan Borrower’s or Owner’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) if requested by Lender, any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member the OP (or Konover Property Trustany other Guarantor), Inc. the REIT, Senior Mezzanine Loan Borrower, Owner, Manager, or any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), Borrower shall(x) furnish to Lender within fifteen ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within thirty (30) days, use commercially reasonable efforts to obtain and deliver to Lender (but no more frequently than once in any year) within 45 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Borrower Notices and Deliveries. Borrower shall shall (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to the OP (or any other Guarantor) or the REIT which might materially adversely affect Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in Borrower's ’s or Sole Member's the OP’s (or any other Guarantor’s) or the REIT’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) if requested by Lender, any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member the OP (or Konover Property Trustany other Guarantor), Inc. the REIT, Manager, or any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice in any year), Borrower shall(x) furnish to Lender within fifteen ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within thirty (30) days, use commercially reasonable efforts to obtain and deliver to Lender (but no more frequently than once in any year) within 45 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Borrower Notices and Deliveries. Borrower shall (a) give prompt written ------------------------------- notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which, if adversely determined, is likely to SPE Party which might materially adversely affect Borrower's ’s or Sole Member's SPE Party’s or Guarantor’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in Borrower's ’s or Sole Member's SPE Party’s or Guarantor’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of Borrower, Sole Member SPE Party, Guarantor, Manager, or Konover Property Trust, Inc. any Affiliate of any of the foregoing within five two (52) Business Days after request) of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreementsagreements in Borrower’s possession or reasonable control, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than twice once in any year, unless an Event of Default has occurred and is continuing), Borrower shall (x) furnish to Lender, within fifteen daysten (10) days of Lender’s request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) request, in writing, estoppel certificates from each tenant at the Property when requested by Lender, and use commercially reasonable efforts to obtain and deliver to Lender Lender, within forty-five (but no more frequently than once in any year45) within 45 daysdays of Lender’s request, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Broad Street Realty, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!