Common use of Contributions and Waivers Clause in Contracts

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 11 contracts

Samples: Loan Agreement (Istar Inc.), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

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Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Property Collateral of a Borrower and application of proceeds of such Property Collateral in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 7 contracts

Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust), Mezzanine a Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine B Loan Agreement (NorthStar Healthcare Income, Inc.)

Contributions and Waivers. (ai) As a result of the transactions contemplated by this Agreement and the other Loan DocumentsAgreement, each Borrower Entity will benefit, directly and indirectly, from each Borrowerother Borrower Entity’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) Obligations and in consideration therefore each thereof the Borrower desires Entities desire to enter into an allocation and contribution agreement among themselves as set forth in this Section 9.9 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers the Borrower Entities in the event any payment is made by any individual Borrower Entity hereunder to Lender (each such payment being referred to herein as a “Contribution,” and which term shall, for purposes of this SectionSection 9.9, includes include any exercise of recourse by Lender against any Property Collateral of a Borrower Entity and application of proceeds of such Property Collateral in satisfaction of such BorrowerBorrower Entity’s obligations, obligations to Lender under the Loan Documents).

Appears in 4 contracts

Samples: Mezzanine a Loan Agreement (Archstone Smith Operating Trust), Mezzanine B Loan Agreement (Archstone Smith Operating Trust), Mezzanine B Loan Agreement (Archstone Smith Operating Trust)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt Indebtedness and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender Bank (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender Bank against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender Bank under the Loan Documents).

Appears in 2 contracts

Samples: Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section 18.10 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers the entities comprising Borrower in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Individual Property of a Borrower and application of proceeds of such Individual Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 2 contracts

Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).. 174

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section 10.25 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this SectionSection10.25, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section 10.25 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this SectionSection 10.25, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s 's obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the "Obligations") and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a "Contribution," and for purposes of this Section, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s 's obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Cedar Realty Trust, Inc.)

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Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Individual Borrower will benefit, directly and indirectly, from the making of the Loan and, in consideration therefor, each Borrower’s obligation Individual Borrower agrees to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Other Obligations”) and in consideration therefore each . Each Individual Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of the Borrowers in the event any payment is made by any individual Individual Borrower hereunder to Lender (such payment being referred to herein in this Section 10.32 as a “Contribution,and and, for purposes of this Section, includes any exercise of recourse by Lender against any Property property of a an Individual Borrower and application of proceeds of such Property property in satisfaction of such Individual Borrower’s obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section 11.32 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this SectionSection 11.32, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Management Agreement (Ashford Hospitality Prime, Inc.)

Contributions and Waivers. (a) As a)As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Agreement (Lodging Fund REIT III, Inc.)

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the “Obligations”) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a “Contribution,” and for purposes of this Section, includes any exercise of recourse by Lender against any Property Collateral of a Borrower and application of proceeds of such Property Collateral in satisfaction of such Borrower’s obligations, to Lender under the Loan Documents).. 168

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust)

Contributions and Waivers. (a1) As a result of the transactions contemplated by this Agreement and the other Loan Documents, each Borrower will benefit, directly and indirectly, from each Borrower’s 's obligation to pay the Debt and perform its obligations hereunder and under the other Loan Documents (collectively, the "Obligations") and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a "Contribution," and for purposes of this Section, includes any exercise of recourse by Lender against any Property of a Borrower and application of proceeds of such Property in satisfaction of such Borrower’s 's obligations, to Lender under the Loan Documents).

Appears in 1 contract

Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

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