Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:
Appears in 116 contracts
Samples: Loan Agreement (Rafael Holdings, Inc.), Loan Agreement (Lowell Farms Inc.), Loan Agreement (Highlands REIT, Inc.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:
Appears in 23 contracts
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Hudson Pacific Properties, Inc.)
Conditions Precedent to Closing. The obligation of the Lender to make the Loan hereunder is subject to the fulfillment satisfaction by Borrower (and Guarantor, where applicable) or waiver by Lender in writing of the following conditions precedent no later than the Closing Date:
Appears in 13 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrower, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date:
Appears in 8 contracts
Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)
Conditions Precedent to Closing. The Lender’s obligation of Lender to make the Loan hereunder is shall be subject to the fulfillment by Borrower satisfaction or Lender’s waiver by Lender in writing of the following conditions precedent no later than the Closing Date:
Appears in 6 contracts
Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Mezzanine Loan Agreement (Morgans Hotel Group Co.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent set forth in Section 3.1 of the Building Loan Agreement no later than the Closing Date:.
Appears in 5 contracts
Samples: Project Loan Agreement, Project Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrowers, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date:
Appears in 4 contracts
Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Servico Market Center Inc)
Conditions Precedent to Closing. The obligation of the Lender to make the Loan hereunder is subject to the fulfillment satisfaction by Borrower (and Guarantor, where applicable) or waiver by Lender of the following conditions precedent no later than the Closing Date:
Appears in 3 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrowers, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date (all of which conditions shall be deemed satisfied or waived by Lender’s funding of the Loan, unless Borrowers have specifically agreed in writing to cause such condition to occur after the Closing Date:):
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:.
Appears in 2 contracts
Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrowers, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date (all of which conditions shall be deemed satisfied or waived by Lender’s funding of the Loan, unless Borrowers have specifically agreed in writing to cause such condition to occur after the Closing Date:): 39
Appears in 2 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or Grantor or waiver by Lender of the following conditions precedent no later than the Closing Date:
Appears in 2 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment satisfaction by Borrower (and Guarantor, where applicable) or waiver by Lender in writing of the following conditions precedent no later than the Closing Date:
Appears in 2 contracts
Samples: Loan Agreement (Great Wolf Resorts, Inc.), Loan Agreement (Great Wolf Resorts, Inc.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied.
Appears in 2 contracts
Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrower, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date (all of which conditions shall be deemed satisfied or waived by Lender’s funding of the Loan, unless Borrower has specifically agreed in writing to cause such condition to occur after the Closing Date:):
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date (all of which conditions shall be deemed satisfied or waived by Lender’s funding of the Loan, unless Borrower has specifically agreed in writing to cause such condition to occur after the Closing Date:):
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment satisfaction by Borrower (and Operating Lessee and Guarantor, where applicable) or waiver by Lender in writing of the following conditions precedent no later than the Closing Date:
Appears in 1 contract
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:Date and, with respect to a Subsequent Advance, on the Subsequent Advance Closing Date and, with respect to any other advances of the Initial Loan, on the date of such advance: (a)
Appears in 1 contract
Samples: Loan Agreement (Horizon Group Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:.
Appears in 1 contract
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrowers or waiver by Lender of the following conditions precedent precedent, no later than the Closing Date:
Appears in 1 contract
Conditions Precedent to Closing. The obligation of the Lender to make close the Loan hereunder is subject to the fulfillment satisfaction by Borrower (and Guarantor, where applicable) or waiver by Lender in writing of the following conditions precedent no later than the Closing Date:
Appears in 1 contract
Samples: Loan Agreement (Affordable Residential Communities Inc)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:: 3
Appears in 1 contract
Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Conditions Precedent to Closing. The Except as otherwise set forth herein, the obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date:
Appears in 1 contract
Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by Borrower Borrower, or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date:Date provided, however, that by funding the Loan, Lender shall be deemed to have waived any such condition not therefore fulfilled or satisfied (subject to any post-closing letter contrary to such waiver):
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)