Existing Lender. The rights and obligations of the Assignee resulting form this Agreement are in addition to, and not in substitution for, the rights and obligations that the Assignee may otherwise have as Lender under the Credit Agreement.
Existing Lender. The holder of the Existing Encumbrances, and its heirs, successors and assigns. Existing Leases. As defined in the Preamble. Existing SNDA. The subordination, non-disturbance and attornment agreements of even date with the Existing Encumbrances, as amended, affecting the Leased Property executed by Lessee, Lessor and Existing Lender.
Existing Lender. The holder of the Existing Encumbrances, and its heirs, successors and assigns. Existing Leases. As defined in the Preamble. -3-
Existing Lender. Notwithstanding anything to the contrary contained herein, if on or prior to the Effective Date Assignee fails to obtain (and deliver a copy thereof) a proper satisfaction of the Mortgage Loan signed by the Existing Lender (the "Satisfaction"), then the following terms and conditions shall apply, all of which shall survive the Effective Date:
(i) From and after the Effective Date, Assignee shall use commercially reasonable efforts to obtain the Satisfaction as soon as possible, whereupon Assignee shall promptly deliver a copy thereof to Assignor.
(ii) Assignee shall indemnify Assignor and the other Assignor Parties from and against any and all Claims arising out of or resulting from Assignee's failure to have obtained the Satisfaction, and shall reimburse Assignor for any costs and expenses (including, without limitation, attorneys' fees and disbursements) incurred in connection therewith.
(iii) The Assignment Payment (the "Escrow Funds") shall not be paid pursuant to Section 1.4 above, but rather it shall be deposited in escrow with the attorneys for Assignee ("Escrow Agent") and held and applied as follows:
(A) Escrow Agent shall invest the Escrow Funds in an interest bearing money market account in a Nassau County branch of Citibank, N.
A. Escrow Agent shall not be liable for any losses suffered in connection with any such investment and shall have no obligation to obtain the best rate, or otherwise seek to maximize the rate, of interest earned on any such investment. Any customary fees or charges in connection with such investment shall be paid out of the amounts held in escrow before any other payments shall be required to be made from such amounts; it being agreed that Escrow Agent shall not charge any fee for acting as escrow agent hereunder. Any interest earned on the Escrow Funds shall be paid to the same party entitled to the Escrow Funds hereunder (as and when such party is entitled to the Escrow Funds), and the party receiving such interest shall pay any income taxes thereon.
(B) Upon the delivery of a copy of the Satisfaction to Assignor (a copy of which shall simultaneously be delivered to Escrow Agent), the escrow created by this Section 7.12 shall be released, whereupon Escrow Agent shall hold and apply the Escrow Funds pursuant to the Assignment Payment Escrow Agreement; provided, however, if a copy of the Satisfaction is not delivered to Assignor on or before the date that is six (6) months after the Effective Date, then the Escrow Funds ...
Existing Lender. (a) The Existing Lender hereby agrees that on the Increase Effective Date, its Revolving Credit Commitment shall be decreased to the amount set forth opposite its name on Exhibit B hereto under the caption “Revolving Commitment” and its Term Commitment shall be increased to the amount set forth opposite its name on Exhibit B hereto under the caption “Term Commitment”.
(b) The Existing Lender hereby agrees to make a Term Loan to the Borrower on the Increase Effective Date in the amount set forth opposite its name on Exhibit A hereto under the caption “Amount of Participation in Incremental Term Increase”, causing the aggregate amount of Term Loans made by it to equal its increased Term Commitment as set forth opposite its name on Exhibit B hereto, in accordance with the conditions and procedures set forth in Section 2.02 and 4.02 of the Credit Agreement.
Existing Lender. The lender shown in the preliminary title report as holding the senior mortgage on the Property.
Existing Lender. JPMorgan Chase.
Existing Lender. Landlord hereby covenants and warrants to Tenant that no mortgage, deed of trust or other loan currently encumbers the Leased Premises or any portion thereof.
Existing Lender. Landlord shall use commercially reasonable efforts to obtain from the existing Landlord’s Mortgagee and deliver to Tenant, within sixty (60) days following the full execution and delivery of this Lease by Landlord and Tenant, a subordination, non-disturbance and attornment agreement in the form attached hereto as Exhibit N, executed by such Landlord’s Mortgagee and Landlord.