Common use of Fixed Rate Price Adjustment Clause in Contracts

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s agreement to make the loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093

Appears in 1 contract

Samples: Modification Agreement (Sunrise Senior Living Inc)

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Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise prior to the expiration of the applicable Fixed Rate Period for such Fixed Rate Portion (“Price Adjustment Date”), Borrower will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreementAgreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093Borrower Initials.

Appears in 1 contract

Samples: Revolving Loan Agreement (Columbia Equity Trust, Inc.)

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion any principal amounts evidenced by this Note during a Fixed Rate Period shall result in Lender’s 's incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, except for the payment to be made on the Maturity Date (unless the payment to be made on said date is the result of an acceleration of the amounts owing hereunder), on the date a Fixed Rate Portion is amounts are prepaid or and on the date (if any) all sums payable hereunder become due and payable, payable by reason of acceleration or otherwise ("Price Adjustment Date"), Borrower Borrowers will pay Lender (in addition to all other actual sums then owing to Lender) an amount ("Fixed Rate Price Adjustment") equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion amounts paid for the remainder of the applicable Fixed Rate Period at the One-Month LIBO Rate set on the applicable Fixed Rate Commencement DateRate, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period amounts paid if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at (and for a Fixed Rate Period equal to the Applicable LIBO remainder of the applicable Fixed Rate in effect on the Price Adjustment DatePeriod). The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. Notwithstanding the terms and provisions of this section, this section shall not constitute the consent of Lender for Borrowers to make any prepayments of any amounts evidenced by this Note, to the extent said prepayments are otherwise prohibited (or subject to limitations or conditions) under the terms of any of the Loan Documents. Loan No. 1285TZL By initialing this provision where indicated below, Borrower confirms Xxxxxxxxx confirm that Lender’s Xxxxxx's agreement to make the loan Loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093.

Appears in 1 contract

Samples: Prudential Bache Equitec Real Estate Partnership

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreementagreement Borrower Initials. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan NoBorrower Initials. 105093Borrower Initials. Borrower Initials.

Appears in 1 contract

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

Fixed Rate Price Adjustment. The Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s the Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), the Borrower will pay the Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to Lenderthe Lenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO LIBOR Market Index Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093: Borrower Initials: ES

Appears in 1 contract

Samples: Credit Agreement (Ps Business Parks Inc/Ca)

Fixed Rate Price Adjustment. The Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion Advance or an Absolute Rate Bid Advance (including pursuant to Sections 2.8.2., 2.11., 2.12., 2.13. and 8.2.) during a Fixed Rate Period shall will result in Lender’s the Lender Party holding such Fixed Rate Advance or Absolute Rate Bid Advance incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder Obligations become due and payable, by acceleration or otherwise (“Price Adjustment Date”a "PRICE ADJUSTMENT DATE"), the Borrower will pay each Lender Party (in addition to all other actual sums then owing to Lendersuch Lender Party) an amount (“Fixed Rate Price Adjustment”the "FIXED RATE PRICE ADJUSTMENT") equal to (a) (i) in the case of a Fixed Rate Advance, the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Rate set on the Fixed Rate Commencement Datevalue, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date, of the amount of interest that would have accrued on the Fixed Rate Portion or Fixed Rate Bid Advances then outstanding to such Lender Party for the remainder of the Fixed Rate Period at the Fixed Rate, set on the related Fixed Rate Commencement Date or applicable to such Fixed Rate Bid Advance LESS (ii) the amount of interest that would accrue on the same Fixed Rate Portion or Fixed Rate Bid Advance for the same period if the Fixed Rate were set on the Price Adjustment Date as the Applicable LIBO Rate in effect on the Price Adjustment Date or (b) in the case of an Absolute Rate Bid Advance, the sum of such losses and expenses as the Lender that made such Absolute Rate Bid Advance may reasonably incur by reason of such prepayment, including, without limitation, any losses or expenses incurred in obtaining, liquidating or employing deposits from third parties, but excluding loss of margin for the period after such prepayment. By initialing this provision where indicated below, the Borrower confirms that Lender’s each Lender Party's agreement to make the loan Advances evidenced by this Note Agreement at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by the Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Macerich Co)

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion Advance during a Fixed Rate Period shall result in Lender’s Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion Advance is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the Loan No. 102919 amount of interest that would have accrued on the Fixed Rate Portion Advance for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion Advance for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loans at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093agreement Borrower Initials.

Appears in 1 contract

Samples: Credit Agreement (Highland Hospitality Corp)

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. Upon the Borrower’s request, the Administrative Agent shall provide the Borrower with a statement setting forth the basis for requesting such compensation and the method for determining the amount thereof. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093agreement Borrower Initials.

Appears in 1 contract

Samples: Loan Agreement (Chesapeake Lodging Trust)

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance during a Fixed Rate an Interest Period shall result in Lender’s the Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. (For all purposes of this subparagraph (iii), any Advance not being made as a LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance in accordance with the Notice of Borrowing therefor, as a result of Borrower's cancellation thereof, shall be treated as if such LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance had been prepaid.) Therefore, on the date a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise ("Price Adjustment Date"), Borrower will shall pay to Administrative Agent, for the account of each Lender (or the applicable Lender in the case of a Fixed Rate Bid Advance or Absolute Rate Bid Advance), in addition to all other actual sums then owing to Lender) owing, an amount ("Fixed Rate Price Adjustment") equal to the then present value of (aA) the amount of interest that would have accrued on the LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the remainder of the Fixed Rate Interest Period at the One-Month LIBO Rate set on the rate applicable to such LIBOR Advance, Fixed Rate Commencement DateBid Advance or Absolute Rate Bid Advance, less (bB) the amount of interest that would accrue on the same LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the same period if the One-Month LIBO LIBOR Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO LIBOR Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders' agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Limited Partnership)

Fixed Rate Price Adjustment. The Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion Advance (including pursuant to Sections 2.8.2., 2.11., 2.12., 2.13. and 8.2.) during a Fixed Rate Period shall will result in Lender’s the Lender Party holding such Fixed Rate Advance incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder Obligations become due and payable, by acceleration or otherwise (a "Price Adjustment Date"), the Borrower will pay each Lender Party (in addition to all other actual sums then owing to Lendersuch Lender Party) an amount (the "Fixed Rate Price Adjustment") equal to (i) the then present value value, calculated by using as a discount rate, the LIBO Rate quoted on the Price Adjustment Date, of (a) the amount of interest that would have accrued on the Fixed Rate Portion then outstanding to such Lender Party for the remainder of the Fixed Rate Period at the One-Month LIBO Rate Fixed Rate, set on the related Fixed Rate Commencement Date, Date less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at as the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, the Borrower confirms that Lender’s each Lender Party's agreement to make the loan Advances evidenced by this Note Agreement at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by the Borrower, for this agreementAgreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093BORROWER'S INITIALS:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Macerich Co)

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance during a Fixed Rate an Interest Period shall result in Lender’s the Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. (For all purposes of this subparagraph (iii), any Advance not being made as a LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance in accordance with the Notice of Borrowing therefor, as a result of Borrower’s cancellation thereof, shall be treated as if such LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance had been prepaid.) Therefore, on the date a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will shall pay to Administrative Agent, for the account of each Lender (or the applicable Lender in the case of a Fixed Rate Bid Advance or Absolute Rate Bid Advance), in addition to all other actual sums then owing to Lender) owing, an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (aA) the amount of interest that would have accrued on the LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the remainder of the Fixed Rate Interest Period at the One-Month LIBO Rate set on the rate applicable to such LIBOR Advance, Fixed Rate Commencement DateBid Advance or Absolute Rate Bid Advance, less (bB) the amount of interest that would accrue on the same LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the same period if the One-Month LIBO LIBOR Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO LIBOR Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena BORROWER’S INITIALS: /s/ RSD Within seven (7) days after Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A receipt of Amended written notice from Administrative Agent, Borrower shall immediately pay to Administrative Agent, for the account of the Lenders, the Fixed Rate Price Adjustment as calculated by Administrative Agent. Such written notice (which shall include calculations in reasonable detail) shall, in the absence of manifest error, be conclusive and Restated Promissory Note Loan No. 105093binding on the parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Arden Realty Inc)

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Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for a period equal to the same period remainder of such Fixed Rate Period, as if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by Administrative Agent, for the benefit of Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement: Loan No. 1005062 Borrower Initials. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise ("Price Adjustment Date"), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount ("Fixed Rate Price Adjustment") equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreementagreement Borrower Initials. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No/s/ CJS Borrower Initials. 105093/s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS

Appears in 1 contract

Samples: And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093Borrower Initials.

Appears in 1 contract

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

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders’ incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093Borrower Initials.

Appears in 1 contract

Samples: Fifth Modification Agreement (Ps Business Parks Inc/Ca)

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. Borrower Initials. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093

Appears in 1 contract

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

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s agreement to make the loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Second Amended and Restated Promissory Note Loan No. 105093

Appears in 1 contract

Samples: Second Modification Agreement (Sunrise Senior Living Inc)

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreementagreement Borrower Initials. __________ __________ Pasadena Borrower’s Initials Pleasanton Borrower’s Initials EXHIBIT A of Amended and Restated Promissory Note Loan NoBorrower Initials. 105093Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials.

Appears in 1 contract

Samples: And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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