Further Assurances; Separate Notes; Bifurcation Sample Clauses

Further Assurances; Separate Notes; Bifurcation. (a) Borrower shall execute and acknowledge (or cause to be executed and acknowledged) and deliver to Lender all documents, and take all actions, reasonably required by Lender from time to time to confirm the rights created or now or hereafter intended to be created under this Agreement and the other Loan Documents and any security interest created or purported to be created thereunder, to protect and further the validity, priority and enforceability of this Agreement and the other Loan Documents, to subject to the Loan Documents any property of Borrower intended by the terms of any one or more of the Loan Documents to be encumbered by the Loan Documents, or otherwise carry out the purposes of the Loan Documents and the transactions contemplated thereunder. Borrower agrees that it shall, upon request and at the sole cost and expense of Borrower, provide any new Opinions of Counsel required by the Rating Agencies with respect to any matters covered by any opinions given by Borrower’s counsel on the Closing Date. Borrower agrees that it shall, upon request and at the sole cost and expense of Borrower, reasonably cooperate with Lender in connection with any request by Lender to sever this Note into two (2) or more separate substitute notes in an aggregate principal amount equal to the Principal Amount and to reapportion the Loan among such separate substitute notes, including, without limitation, by executing and delivering to Lender new substitute notes to replace the Note, amendments to or replacements of existing Loan Documents to reflect such severance and/or Opinions of Counsel with respect to such substitute notes, amendments and/or replacements. Any such substitute notes may (a) as among themselves be pari passu, senior and subordinate or otherwise and/or (b) have varying principal amounts, maturity dates and economic terms, provided, however, that (i) the substitute notes shall provide for amortization and repayment of the Principal Amount on a weighted average basis over a period not less than the amortization period provided under the Note immediately prior to the issuance of the substitute notes; (ii) the initial weighted average Interest Rate for the term of the substitute notes shall not exceed the Interest Rate under the Note immediately prior to the issuance of such substitute notes; and (iii) except as provided in the last sentence of this Section 5.1.11(a), the financial terms of the Loan, taken as a whole, shall be equivalent to those prior t...