Collateral Updates. As part of the Compliance Certificate delivered pursuant to clause (d) above, a certification by a Responsible Officer of the Borrower Representative that (i) the corporate chart attached thereto (or the last corporate chart delivered pursuant to this clause (e)) is correct and complete as of the date of such Compliance Certificate, (ii) the Loan Parties have delivered all documents (including updated schedules as to locations of Collateral and acquisition of intellectual property or real property) they are required to deliver pursuant to any Loan Document on or prior to the date of delivery of such Compliance Certificate and (iii) complete and correct copies of all documents modifying any term of any Constituent Document of any Group Member (other than Immaterial Subsidiaries) or any Subsidiary or joint venture thereof on or prior to the date of delivery of such Compliance Certificate have been delivered to the Administrative Agent or are attached to such certificate. The Borrower Representative will notify the Administrative Agent in writing of any change in name of any Borrower or change in chief executive office or place of business of any Borrower, in each case at least 30 days prior to such change.
Collateral Updates. Concurrently with any delivery of audited financial statements under Section 5.5.1, Borrower shall provide to Administrative Agent a certificate of a Responsible Officer updating, as relevant, all information required pursuant to the Collateral Documents regarding perfection of Collateral or confirming that there has been no change in such information since the last prior date on which such information was provided.
Collateral Updates. 1. The following NOI DSCR and NCF DSCR figures relating to the Boston Park Plaza Mortgage Loan replace the NOI DSCR and NCF DSCR figures shown in the table entitled “Cash Flow Analysis” on page III-24 of Appendix III to the Free Writing Prospectus: SCHEDULE I Underwriting Agreement, dated the date first written above. Xxxxxx Xxxxxxx Bank of America Xxxxxxx Xxxxx Trust 2013-C8, Commercial Mortgage Pass-Through Certificates, Series 2013-C8, Class A-1, Class A-2, Class A-SB, Class A-3, Class A-4, Class X-A, Class A-S, Class B, Class PST and Class C Underwriters Amount of Offered Certificates to be Purchased Class of Offered Certificates to be Purchased Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $75,700,000 A-1 Xxxxxx Xxxxxxx & Co. LLC $0 A-1 Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $145,900,000 A-2 Xxxxxx Xxxxxxx & Co. LLC $0 A-2 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $98,964,000 A-XX Xxxxxx Xxxxxxx & Co. LLC $0 A-XX Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $140,000,000 A-3 Xxxxxx Xxxxxxx & Co. LLC $0 A-3 Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $335,996,000 A-4 Xxxxxx Xxxxxxx & Co. LLC $0 A-4 Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $904,665,000 X-A Xxxxxx Xxxxxxx & Co. LLC $0 X-A Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $108,105,000 A-S Xxxxxx Xxxxxxx & Co. LLC $0 A-S Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $66,000,000 B Xxxxxx Xxxxxxx & Co. LLC $2,276,000 B Xxxxxxx Xxxxx, Xxxxxx, Xxxxxx & Xxxxx Incorporated $0 PST Xxxxxx Xxxxxxx & Co. LLC $0 PST Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $42,673,000 C Xxxxxx Xxxxxxx & Co. LLC $0 C SCHEDULE I (CONTINUED) Class Designation Initial Aggregate Principal Amount or Notional Amount of Class(1) Approximate Initial Pass-Through Rate Purchase Price(2) A-1 $75,700,000 0.7770% 99.99816% A-2 $145,900,000 1.6890% 100.9999% A-SB $98,964,000 2.6990% 102.99753% A-3 $140,000,000 2.8630% 100.99959% A-4 $335,996,000 3.1340% 102.99305% X-A $904,665,000 1.5295% 8.6281% A-S $108,105,000 3.3760% 102.99262% B $68,276,000 3.6756% 102.99214% PST $0 N/A N/A C $42,673,000 4.1726% 102.88206%
Collateral Updates. At the reasonable request of the Administrative Agent from time to time (including on a weekly basis, if requested, but not more frequently than weekly), promptly deliver to and shall reasonably cooperate with the Agent’s Advisors and their designees to obtain the following (and shall cause any liquidation agent of the Loan Parties to deliver and cooperate, as applicable), in each case, in form reasonably satisfactory to the Administrative Agent:
Collateral Updates. The risk factor entitled “Litigation or Other Legal Proceedings Could Adversely Affect the Mortgage Loans” in the Free Writing Prospectus is hereby updated to include the following language: For instance, with respect to the mortgage loan secured by the mortgaged property identified on Appendix I to this free writing prospectus as Le Meridien Xxxxxx Palm Springs, representing approximately 2.7% of the initial pool balance, the related borrower is involved in litigation relating to its operations under a license agreement with Starwood Hotels and Resorts. The related licensor has filed a complaint against the borrower and an affiliate thereof in the United States District Court for the Southern District of New York, alleging breach of contract, fraud and unjust enrichment. The licensor is seeking termination of the license agreement, claiming that the borrower misrepresented occupancy rates for purposes of obtaining excess FREE WRITING PROSPECTUS Filed Pursuant to Rule 433 Registration Statement No. 333-180779-02 January 9, 2013 STATEMENT REGARDING THIS FREE WRITING PROSPECTUS The depositor has filed a registration statement (including a prospectus) with the SEC (File Number 333-180779) for the offering to which this free writing prospectus relates. Before you invest, you should read the prospectus in the registration statement and other documents the depositor has filed with the SEC for more complete information about the depositor, the issuing entity and this offering. You may get these documents for free by visiting XXXXX on the SEC Web site at xxx.xxx.xxx. Alternatively, the depositor, any underwriter or any dealer participating in the offering will arrange to send you the prospectus if you request it by calling toll free 0-000-000-0000 or by e-mail to xxxxxxxxxx@xx.xxx. This free writing prospectus does not contain all information that is required to be included in the prospectus and the prospectus supplement. ______________________ IMPORTANT NOTICE RELATING TO AUTOMATICALLY GENERATED EMAIL DISCLAIMERS Any legends, disclaimers or other notices that may appear at the bottom of, or attached to, the email communication to which this material may have been attached are not applicable to these materials and should be disregarded. Such legends, disclaimers or other notices have been automatically generated as a result of these materials having been sent via Bloomberg or another email system. $1,237,196,000 (Approximate) Xxxxxx Xxxxxxx Bank of America Xxxxxxx...
Collateral Updates. As part of the Compliance Certificate delivered pursuant to clause (e), each in form and substance satisfactory to the Administrative Agent, a certificate by a Responsible Officer of the Borrower that (i) the Borrower has delivered all documents (including updated schedules as to locations of Collateral and acquisition of Intellectual Property or real property) they are required to deliver pursuant to any Loan Document on or prior to the date of delivery of such Compliance Certificate and (ii) complete and correct copies of all documents modifying any term of any Constituent Document of any Group Member on or prior to the date of delivery of such Compliance Certificate have been delivered to the Administrative Agent or are attached to such certificate.
Collateral Updates. As part of the Compliance Certificate delivered pursuant to clause (d) above, a certification by a Responsible Officer of the Borrower Representative that (i) the corporate chart attached thereto (or the last corporate chart delivered pursuant to this clause (e)) is correct and complete as of the date of such Compliance Certificate, 44 AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC.
Collateral Updates. 1. With respect to the Southcenter Mall Mortgage Loan (4.5%), the fifth largest tenant, H&M, representing approximately 3.1% of the net rentable area of the Mortgaged Property, has extended its lease through January 2029. In addition, such lease was modified to include 4 additional 3-year extension options through January 2041.
Collateral Updates. Together with each delivery of any Financial Statement pursuant to clause (a) or (b) above, a certificate of a Responsible Officer of the Company stating that such Responsible Officer has reviewed Section 7.10 (Additional Collateral and Guaranties) and the relevant provisions of the Collateral Documents and that based upon such review, such Responsible Officer believes that the Loan Parties have complied with their obligations under such Section and the Collateral Documents in all material respects (or, if applicable, setting forth any failure to comply with any such obligations)
Collateral Updates. From time to time upon request, statements and schedules further identifying, updating, and describing the Collateral and such other information, reports and evidence concerning the Collateral, as Administrative Agent may reasonably request, all in reasonable detail;
