Flood Matters. No “Building” (as defined in the applicable Flood Insurance Regulation) or “Manufactured (Mobile) Home” (as defined in the applicable Flood Insurance Regulation) is located on any Mortgaged Property within an area having special flood hazards and in which flood insurance is available under the Flood Insurance Regulations, and no “Building” or “Manufactured (Mobile) Home” is encumbered by the Mortgages.
Flood Matters. Each of the parties hereto acknowledges and agrees that, if there are any Mortgaged Properties, any increase in commitments, extension of maturity or renewal of any of the Commitments shall be subject to (and conditioned upon) the prior delivery of all flood hazard determination certifications, acknowledgements and evidence of flood insurance and other flood-related documentation with respect to such Mortgaged Properties as required by applicable Flood Insurance Laws.
Flood Matters. Each of the parties hereto acknowledges and agree that, any increase, extension, or renewal of any of the Loans or Commitments shall be subject to (and conditioned upon) the prior delivery of “life-of-loan” Federal Emergency Management Agency standard flood hazard determinations with respect to each Mortgaged Property, and, to the extent any Mortgaged Property is located in an area determined by the Federal Emergency Management Agency (or any successor agency) to be a special flood hazard area, (i) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and (ii) evidence of flood insurance as required by Section 5.05(b) hereof. [Signature Pages Follow]
Flood Matters. Each of the parties hereto acknowledges and agrees that, if there are any Mortgaged Properties, any increase, extension or renewal of any of the Loans or Facilities (including any Refinancing Term Loans and Replacement Revolving Commitments, but not including (i) any continuation or conversion of Borrowings under Section 2.08, (ii) the making of any Revolving Facility Loans or Swingline Loans or (iii) the issuance, renewal or extension of Letters of Credit) shall be subject to (and conditioned upon) the prior delivery of all flood hazard determination certifications, acknowledgements and evidence of flood insurance and other flood-related documentation with respect to such Mortgaged Properties as required by Law and as reasonably required by the Administrative Agent.
Flood Matters. If at any time owned real property is pledged as collateral hereunder, (A) the Borrower shall provide at least forty-five (45) days’ prior written notice to the pledge of such real property as collateral, (B) the Borrower shall provide (1) standard flood hazard determination forms and (2) if any property is located in a special flood hazard area, (x) notices to (and confirmations of receipt by) the Borrower as to the existence of a special flood hazard and, if applicable, the unavailability of flood hazard insurance under the National Flood Insurance Program and (y) evidence of applicable flood insurance, if available, in each case in such form, on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994, the Federal Flood Disaster Protection Act and rules and regulations promulgated thereunder or as otherwise required by the Administrative Agent or any Lender, and (C) the Administrative Agent shall not enter into, accept or record any mortgage in respect of such real property until the Administrative Agent shall have received written confirmation from each Lender that flood insurance compliance has been completed by such Lender with respect to such real property (such written confirmation not to be unreasonably withheld or delayed). Any increase, extension or renewal of this Agreement shall be subject to flood insurance due diligence and flood insurance compliance reasonably satisfactory to the Administrative Agent and each Lender.
Flood Matters. The Borrower shall have delivered to the Administrative Agent a completed standard “life of loan” flood hazard determination form for each property encumbered by an Existing Mortgage, and if the property is located in an area designated by the U.S. Federal Emergency Management Agency (or any successor agency) as having special flood or mud slide hazards, (i) a notification to the Borrower (a “Borrower Notice”) and (if applicable) notification to the Borrower that flood insurance coverage under the National Flood Insurance Program (“NFIP”) created by the U.S. Congress pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the National Flood Insurance Reform Act of 1994 and the Flood Insurance Reform Act of 2004 is not available because the applicable community does not participate in the NFIP, (ii) documentation evidencing the Borrower’s receipt of the Borrower Notice (e.g., countersigned Borrower Notice, return receipt of certified U.S. Mail, or overnight delivery), and (iii) if a Borrower Notice is required to be given and flood insurance is available in the community in which the property is located, a copy of one of the following: the flood insurance policy, the Borrower’s application for a flood insurance policy plus proof of premium payment, a declaration page confirming that flood insurance has been issued, or such other evidence of flood insurance reasonably satisfactory to the Administrative Agent.
Flood Matters. Each of the parties hereto acknowledges and agrees that, if there are any Mortgaged Properties, any increase, extension or renewal of any of the Loans or Facilities (including the effectiveness of any Additional Commitments, Replacement Revolving Commitments or Extended Revolving Commitments or the borrowing of any Refinancing Term Loans or Extended Term Loans, but not including (i) any continuation or conversion of Borrowings under Section 2.07, (ii) the making of any Revolving Loans or (iii) the issuance, renewal or extension of Letters of Credit) shall be subject to (and conditioned upon) the prior delivery of all flood hazard determination certifications, acknowledgements and evidence of flood insurance and other flood-related documentation with respect to such Mortgaged Properties as required by applicable law and as reasonably required by the Administrative Agent and the Designated Lender. Section 9.21
Flood Matters. 132 11.24 Acknowledgement Regarding Any Supported QFCs. .................................................... 132
Flood Matters. Each of the parties hereto acknowledges and agree that, any increase, extension, or renewal of any of the Loans or Commitments after the Amendment No. 1 Effective Date shall be subject to (and conditioned upon) the prior obtaining by the Administrative Agent of “life-of-loan” Federal Emergency Management Agency standard flood hazard determinations with respect to each Mortgaged Property, and, to the extent any Mortgaged Property is located in an area determined by the Federal Emergency Management Agency to be a special flood hazard area, the receipt by the Administrative Agent (i) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and (ii) evidence of flood insurance as required by Section 5.13 hereof.
Flood Matters. Each of the parties hereto acknowledges and agrees that any increase, extension or renewal of any of the Loans shall be subject to (and conditioned upon) the prior delivery of all flood hazard determination certifications, acknowledgements and evidence of flood insurance and other flood-related documentation with respect to all real property Collateral, as required by Law and as reasonably required by the Administrative Agent. [Signature pages redacted.] 160 SCHEDULE I NON-CONSENTING LENDERS Sumitomo Mitsui Banking Corporation Franklin Xxxxxxxxx Investments Lord Xxxxxx and Company LLC X. Xxxx Price Associates Inc Octagon Credit Investors LLC First Tennessee Bank, National Association Banco Popular de Puerto Rico, New York Branch Seix Investment Advisors LLC Invesco, Ltd BlackRock Financial Management Inc. Sound Point Capital Management, LP Apollo Capital Management LP Och-Ziff Capital Management Group LLC Highbridge Capital Management, LLC Barings LLC CVC Credit Partners LLC KKR Asset Management LLC Canyon Capital Advisors LLC Oaktree Capital Management, L.P. Swiss Life Asset Management XX Xxxxxx Xxx Xxxx Credit Strategies XX Xxxxxx Square Capital Management LLC Taiwan Business Bank, Los Angeles Branch Bank of the Philippine Islands 161 SCHEDULE 2.01 AMENDMENTS TO COMMITMENTS AND APPLICABLE PERCENTAGES Lender Revolving Commitment Applicable Percentage of Revolving Commitment Existing Term Loan Commitment Applicable Percentage of Existing Term Loan Commitment Term A-2 Loan Commitment Applicable Percentage of Term A-2 Loan Commitment Bank of America, N.A. $165,382,516.03 11.025501069% $144,967,210.33 9.664480689% $152,448,770.43 11.131134535% PNC Bank, National Association $130,722,670.28 8.714844685% $114,586,354.19 7.639090279% $104,690,975.54 7.644071710% MUFG, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd.) $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% TD Bank, N.A. $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% Citibank, N.A. $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% Fifth Third Bank $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% JPMorgan Chase Bank, N.A. $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% SunTrust Bank $93,373,335.91 6.224889061% $81,847,395.85 5.456493057% $74,779,268.24 5.460051222% Capital One, N.A. $93,373,335.91 6.224889061% $81,847,395.85 5.45...
