Common use of Confirmation of Loan Documents, Etc Clause in Contracts

Confirmation of Loan Documents, Etc. (a) After request by Lender, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Senior Mezz Borrower and Intermediate Mez Borrower to furnish to Lender a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior Mez Note, the Intermediate Mez Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc)

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Confirmation of Loan Documents, Etc. (a) After request by Lender, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Owner and Senior Mezz Borrower and Intermediate Mez Borrower to furnish to Lender a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior Mez Note, the Intermediate Mez Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc)

Confirmation of Loan Documents, Etc. (a) After request by Lender, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Senior Mezz Borrower and Intermediate Mez Borrower Owner to furnish to Lender with a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior First Mez Note, the Intermediate Second Mez Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Confirmation of Loan Documents, Etc. (a) After request by Lender, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Senior Mezz Borrower and Intermediate Mez Borrower Owner to furnish to Lender with a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior First Mez Note, the Intermediate Second Mez Note, the Third Mez Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

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Confirmation of Loan Documents, Etc. (a) After request by Lender, but, provided no Event of Default is continuing, not more than three (3) times in any twelve (12) month period, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Senior Mezz Borrower and Intermediate Mez Borrower Owner to furnish to Lender a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior Mez Note, the Intermediate Mez Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 1 contract

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Confirmation of Loan Documents, Etc. (a) After request by Lender, Borrower, within fifteen (15) days and at its expense, will furnish or will cause Owner, Senior Mezz Borrower and Intermediate Mez Borrower Owner to furnish to Lender with a statement, duly acknowledged and certified, setting forth with respect to this Agreement, the Note, the Senior Mez Mezz Note, the Intermediate Mez Mezz Note and the Mortgage Note, as applicable, (i) the amount of the original principal amount, and the unpaid principal amount, (ii) the rate of interest, (iii) the date payments of interest and/or principal were last paid, (iv) any offsets or defenses to payment, and if any are alleged, the nature thereof, (v) that no modifications have taken place, or if modified, giving particulars of such modification and (vi) that there has occurred and is then continuing no Default or if such Default exists, the nature thereof, the period of time it has existed, and the action being taken to remedy such Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

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