Common use of Condition to Release of Restoration Proceeds for Restoration Clause in Contracts

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as. (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicable. (iii) Borrower demonstrates to Lender's satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT") (iv) The Casualty or Condemnation has not occurred in the six (6) months prior to the Maturity Date. Ply Gem Industries (v) Restoration can be completed not later than the earlier of (A) twelve (12) months from the date the Casualty or Condemnation occurred, (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, (D) the expiration of Borrower's business interruption insurance, or (E) six (6) months prior to the Maturity Date. (vi) If a Condemnation has occurred, less than 10% of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (vii) If a Casualty has occurred, less than 25% of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by Casualty. (viii) Borrower demonstrates to Lender's satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0. (ix) The Property and its use after completion of Restoration will be in compliance with and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six (6) months prior to the Maturity Date. Ply Gem IndustriesIntentionally Omitted. (v) Restoration can be completed not later than the earlier of (A) twelve (12) months from the date the Casualty or Condemnation occurred, (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, (DC) the expiration of Borrower's ’s business interruption insurance, or (ED) six (6) months prior to the Maturity DateDate (without taking into consideration any unexercised extension). (vi) If a Condemnation has occurred, (A) less than ten percent (10% %) of the Land is taken and the land taken is along the perimeter or periphery of the Land, and (B) no portion of the any structural Improvements are takentaken which would have a Material Adverse Effect. (vii) If a Casualty has occurred, (A) less than 2510% of the total floor paved parking area of the Improvements Individual Property is damaged or rendered unusable by the Casualty Casualty, and Borrower demonstrates to Lender's satisfaction that (B) no portion of any structural Improvements are damaged or rendered unusable which would have a reasonable means of access exists to the Property and within the Improvements unaffected by CasualtyMaterial Adverse Effect. (viii) Borrower demonstrates to Lender's satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0. (ix) The Property and its use after completion of Restoration will be in compliance with and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six eighteen (618) months prior to the Maturity Date. Ply Gem Industries. (v) Restoration can be completed not later than the earlier of (A) twelve (12) months from the date the Casualty or Condemnation occurred, (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement any Major Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (D) the expiration of Borrower's ’s business interruption insurance, or (E) six (6) months prior to the Maturity Date. (vi) If a Condemnation has occurred, less than 10% of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (vii) If a Casualty has occurred, less than 25% of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's ’s satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viii) Borrower demonstrates to Lender's ’s satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, tenants under Major Leases will continue in full force and effect occupancy of the Property without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0than, the greater of (A) the Debt Service Coverage Ratio existing as of the Closing Date, or (B) the Debt Service Coverage Ratio which existed as of the date immediately preceding such Casualty or Condemnation. (ix) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six twelve (612) months prior to the Maturity Date. Ply Gem IndustriesDate (without taking into consideration any unexercised extension). (v) Restoration can be completed not later than the earlier of (A) twelve (12) months from the date the Casualty or Condemnation occurredoccurred but not later than six (6) months prior to the Maturity Date, (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (DC) the expiration of Borrower's ’s business interruption insurance, or (E) six (6) months prior to the Maturity Date. (vi) If a Condemnation has occurred, less than 10% of the Land of a Property is taken and the land taken is along the perimeter or periphery of the Land, and no material portion of the Improvements are taken. (vii) If a Casualty has occurred, less than 25% of the total floor area of the Improvements of a Property is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's ’s satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viii) Borrower demonstrates to Lender's ’s satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0than, the Debt Service Coverage Ratio existing as of the Closing Date. (ix) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six (6) months prior to the Maturity Date. Ply Gem Industries (v) Restoration can be completed not later than the earlier of (A) twelve not less than six (126) months from prior to the date the Casualty or Condemnation occurredMaturity Date (without taking into consideration any unexercised extension), (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement any Major Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (D) the expiration of Borrower's ’s business interruption insurance, or (E) six (6) months prior to the Maturity Date. (viv) If a Condemnation has occurred, less than ten percent (10% %) of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (viivi) If a Casualty has occurred, less than twenty-five percent (25% %) of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's ’s satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viiivii) Borrower demonstrates to Lender's ’s satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0than, the greater of (A) the Debt Service Coverage Ratio existing as of the Closing Date, or (B) the Debt Service Coverage Ratio which existed as of the date immediately preceding such Casualty or Condemnation. (ixviii) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration pursuant to Section 9.03(g) if applicable, or otherwise, as long as.as the following conditions have been satisfied: (i) The Restoration Proceeds recovered are less than the outstanding principal balance No Event of the LoanDefault exists. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicable. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six (6) months prior to the Maturity Date. Ply Gem Industries (viii) Restoration can be completed not later than the earlier of (A) twelve (12) months from the date the Casualty or Condemnation occurred, (B) six (6) months prior to the earliest date by which completion Maturity Date (assuming all extension periods available under Section 2.03(d) hereof will be exercised, provided that Lender is required under satisfied that Borrower is able to satisfy the Ply Gem Lease, or an Acceptable Replacement Leaseconditions set forth in Section 2.03(d) hereof), (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (D) the expiration of Borrower's ’s business interruption insurance, or (E) six (6) months prior to the Maturity Date. (viiv) If a Condemnation has occurred, less than 10% of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (viiv) If a Casualty has occurred, less than 25% of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's ’s satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viiivi) Borrower demonstrates to Lender's ’s satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Constant Ratio at least equal to, or greater than 1.20 to 1.0than, the Debt Service Coverage Constant Ratio existing as of the Closing Date. (ixvii) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's ’s satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSIT"“Restoration Deficiency Deposit”). (iv) The Casualty or Condemnation has not occurred in the six (6) months prior to the Maturity Date. Ply Gem Industries (v) Restoration can be completed not later than the earlier of (A) twelve not less than six (126) months from prior to the date the Casualty or Condemnation occurredMaturity Date (without taking into consideration any unexercised extension), (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (DC) the expiration of Borrower's ’s business interruption insurance, or (E) six (6) months prior to the Maturity Date. (viv) If a Condemnation has occurred, less than ten percent (10% %) of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (viivi) If a Casualty has occurred, less than twenty-five percent (25% %) of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's ’s satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viiivii) Borrower demonstrates to Lender's ’s satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0than, the greater of (A) the Debt Service Coverage Ratio existing as of the Closing Date, or (B) the Debt Service Coverage Ratio which existed as of the date immediately preceding such Casualty or Condemnation. (ixviii) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.

Condition to Release of Restoration Proceeds for Restoration. Lender agrees to make the Restoration Proceeds available to Borrower for Restoration as long as.: (i) The Restoration Proceeds recovered are less than the outstanding principal balance of the Loan. (ii) No Event of Default exists and no Event of Default then exists under the Ply Gem Lease or Acceptable Replacement Lease, as applicableexists. (iii) Borrower demonstrates to Lender's satisfaction that the Restoration Proceeds are sufficient to pay in full the estimated cost to complete Restoration and, if the Ply Gem Lease or an Acceptable Replacement Lease is not in effect, and any shortfalls in Operating Income as a result of such Casualty or Condemnation that are anticipated until Restoration is substantially completed, or, if the Restoration Proceeds are determined by Lender to be insufficient to pay such costs in full, Borrower deposits with Lender, in cash or by a cash equivalent acceptable to Lender, the additional amount estimated by Lender to be necessary to pay the full cost of Restoration ("RESTORATION DEFICIENCY DEPOSITRestoration Deficiency Deposit"). (iv) The Casualty or Condemnation has not occurred in the six twelve (612) months prior to the Maturity Date. Ply Gem IndustriesDate (without taking into consideration any unexercised extension). (v) Restoration can be completed not later than the earlier of (A) twelve six (126) months from prior to the date the Casualty or Condemnation occurredMaturity Date (without taking into consideration any unexercised extension), (B) the earliest date by which completion is required under the Ply Gem Lease, or an Acceptable Replacement Lease, (C) the earliest date by which completion is required under the Requirements of Law to preserve the right to rebuild the Improvements as they existed prior to the Casualty or Condemnation, Condemnation or (DC) the expiration of Borrower's business interruption insurance, or (E) six (6) months prior to the Maturity Date. (vi) If a Condemnation has occurred, less than 10% of the Land is taken and the land taken is along the perimeter or periphery of the Land, and no portion of the Improvements are taken. (vii) If a Casualty has occurred, less than 25% of the total floor area of the Improvements is damaged or rendered unusable by the Casualty and Borrower demonstrates to Lender's satisfaction that a reasonable means of access exists to the Property and within the Improvements unaffected by the Casualty. (viii) Borrower demonstrates to Lender's satisfaction that the Ply Gem Lease or an Acceptable Replacement Lease, as applicable, will continue in full force and effect without rent abatement following Restoration and that, upon completion of Restoration, the net cash flow of the Property will be restored to a level sufficient to cover all Operating Expenses of the Property, including including, without limitation, supporting a Debt Service Coverage Ratio at least equal to, or greater than 1.20 to 1.0than, the greater of (A) the Debt Service Coverage Ratio existing as of the Closing Date, or (B) the Debt Service Coverage Ratio which existed as of the date immediately preceding such Casualty or Condemnation. (ix) The Property and its use after completion of Restoration will be in compliance with with, and permitted under, all Requirements of Law.