Common use of Definition of Loan Documents Clause in Contracts

Definition of Loan Documents. The term "Loan Documents" used in this Agreement and in Article III of the Loan Agreement (and elsewhere in the Loan Agreement) shall be deemed to refer not only to the Original Loan Documents, but also to this Agreement, the New Documents, all documents and agreements executed pursuant thereto, and all other duly executed written amendments or supplements thereto or modifications thereof. The New Documents are Loan Documents under all of the Original Loan Documents. References to the "Partnership" in Article III of the Loan Agreement shall be deemed to also refer to the LLC, such that, for example, Section 3.5 of the Loan Agreement which contains a representation and warranty that there is also no action, suit or proceeding pending against the Partnership shall be deemed to also constitute a representation and warranty that, to the extent applicable, as of the date hereof, there is also no action, suit or proceeding pending against the LLC. As used in the Original Loan Agreement, the following definitions are also modified as follows for the purposes of the Loan Documents: (a) the "Partnership Agreement" also includes the LLC Operating Agreement; (b) "Bank" means Wxxxx Fargo Bank, N.A. and its successors and assignees; and (c) "Security Agreement" means collectively the Original Security Agreement and the Supplemental Security Agreement. Except as otherwise expressly provided in this Agreement, the terms used herein and defined in the California Uniform Commercial Code as amended or recodified from time to time ("UCC") shall be used in this Agreement with that defined meaning.

Appears in 4 contracts

Samples: Loan Modification Agreement (Carlyle Real Estate LTD Partnership Xiv /Il/), Loan Modification Agreement (Carlyle Real Estate LTD Partnership Xv), Loan Modification Agreement (Carlyle Real Estate LTD Partnership Xiv /Il/)

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