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 against Borrower which might materially adversely affect Borrower’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in Borrower’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Manager, or any Affiliate of any of the foregoing within two (2) Business Days 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, reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender in connection with its secondary market transactions, Borrower shall furnish to Lender (x) within 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) within 30 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender after obtaining actual knowledge of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against any Borrower or Sole Member which might would reasonably be expected to materially adversely affect any Borrower’s or Sole Member’s condition (financial or otherwise) or business or the any Property; (ii) any material adverse change in any Borrower’s or Sole Member’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledgeknowledge and (iii) Event of Default of which a Borrower is aware, along with the nature of such Event of Default, the period of time such Event of Default has existed and the action then being taken by such Borrower to remedy such Event of Default; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Property Manager, or any Affiliate of any of the foregoing within two (2) Business Days 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, reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender in connection with its secondary market transactions, Borrower shall furnish to Lender (x) within 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) within 30 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant in Borrowers’ actual possession or can be reasonably obtained by Borrowers at the Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactionsno more than a de minimis cost.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender after obtaining actual knowledge of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against any Borrower or Sole Member which might would reasonably be expected to materially adversely affect any Borrower’s or Sole Member’s condition (financial or otherwise) or business or the any Property; (ii) any material adverse change in any Borrower’s or Sole Member’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledgeknowledge and (iii) Event of Default of which a Borrower is aware, along with the nature of such Event of Default, the period of time such Event of Default has existed and the action then being taken by such Borrower to remedy such Event of Default; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Property Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and filing, (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender in connection with its secondary market transactions, Borrower shall furnish to Lender (x) within 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, in Borrowers’ actual possession or can be reasonably obtained by Borrowers at no more than a de minimis cost and (yiii) any notices it receives from HPD or DOF regarding the 421-a Tax Benefits within 30 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed five (5) Business Days of receipt of same by Lender in connection with its secondary market transactionsBorrower.

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 against Borrower Borrower, Sole Member or Owner which might materially adversely affect Borrower’s 's, Sole Member's or Owner's condition (financial or otherwise) or business or the PropertyCollateral; (ii) any material adverse change in Borrower’s 's, Sole Member'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 (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, agreements in Borrower’s control or possession and reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender in connection with its secondary market transactions, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) within 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) within 30 daysdays and upon reasonable request from Lender, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the any Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.

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 against Borrower or Sole Member which might materially adversely affect Borrower’s or Sole Member’s condition (financial or otherwise) or business or the Property; and (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 (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, Manager, or any Affiliate of any of the foregoing within two (2) Business Days 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, reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender (but no more frequently than twice in connection with its secondary market transactionsany year), Borrower shall furnish to Lender (x) within 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) during an Event of Default, within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.. 47

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower any Borrower, Sole Member, Managing Member, or Sole Member Principal which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or the any Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing within two (2) Business Days 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, reasonably requested, from time to time, by Lender. In addition, after request by LenderLender (but no more frequently than once in any year), as reasonably needed by Lender in connection with its secondary market transactions, Borrower Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of each 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 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the each Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.

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 against Borrower or Sole Member which might materially adversely affect Borrower’s or Sole Member’s condition (financial or otherwise) or business or the 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 (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, Manager, or any Affiliate of any of the foregoing within two (2) Business Days 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, reasonably requested, from time to time, by Lender. In addition, after request by Lender, as reasonably needed by Lender (but no more frequently than twice in connection with its secondary market transactionsany year), Borrower shall furnish to Lender (x) within 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) during an Event of Default, within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.