Common use of Further Conditions to Transfers and Assumption Clause in Contracts

Further Conditions to Transfers and Assumption. In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, Key Principal, or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc)), Lender may, as a condition to any such approval, require: additional collateral, guaranties, or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, Key Principal, or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified or to avoid the occurrence of an Adverse Tax Event; a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. In connection with any request by Borrower for consent to a Transfer, Borrower shall pay to Lender upon demand: the Transfer Fee (to the extent charged by Lender); the Review Fee (regardless of whether Lender approves or denies such request); and all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless of whether Lender approves or denies such request. - IMPOSITIONS

Further Conditions to Transfers and Assumption. In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, Key Principal, or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc11.3(eeeee)), Lender may, as a condition to any such approval, require: additional collateral, guaranties, or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, Key Principal, or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified modified; or to avoid the occurrence of an Adverse Tax Event; a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B13.2(aaaaaa)(16)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. In connection with any request by Borrower for consent to a Transfer, Borrower shall pay to Lender upon demand: the Transfer Fee (to the extent charged by Lender); the Review Fee (regardless of whether Lender approves or denies such request); and all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless of whether Lender approves or denies such request. - IMPOSITIONS

Further Conditions to Transfers and Assumption. In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, Affiliated Property Operator, Key Principal, or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc11.3(sssss)), Lender may, as a condition to any such approval, require: additional collateral, guaranties, or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, Affiliated Property Operator, Key Principal, or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified modified; or to avoid the occurrence of an Adverse Tax Event; a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B13.2(oooooo)(19)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. In connection with any request by Borrower for consent to a Transfer, Borrower shall pay to Lender upon demand: the Transfer Fee (to the extent charged by Lender); the Review Fee (regardless of whether Lender approves or denies such request); and all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless of whether Lender approves or denies such request. - IMPOSITIONS

Further Conditions to Transfers and Assumption. In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, IDOT Guarantor, Key Principal, or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc11.3(eeeee)), Lender may, as a condition to any such approval, require: additional collateral, guaranties, or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, IDOT Guarantor, Key Principal, or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified modified; or to avoid the occurrence of an Adverse Tax Event; a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B13.2(zzzzz)(15)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. In connection with any request by Borrower any Obligor for consent to a Transfer, Borrower such Obligor shall pay to Lender upon demand: the Transfer Fee (to the extent charged by Lender); the Review Fee (regardless of whether Lender approves or denies such request); and all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless of whether Lender approves or denies such request. - IMPOSITIONS

Further Conditions to Transfers and Assumption. (1) In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, Key Principal, Principal or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc))Agreement, Lender may, as a condition to any such approval, require: : (A) additional collateral, guaranties, guaranties or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; ; (B) amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, Key Principal, Principal or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified or to avoid the occurrence of an Adverse Tax Eventmodified; or (C) a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B13.02(a)(3)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. . (2) In connection with any request by Borrower for consent to a Transfer, Borrower shall pay to Lender upon demand: : (A) the Transfer Fee (to the extent charged by Lender); ; (B) the Review Fee (regardless of whether Lender approves or denies such request); and ; (C) all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless to the extent such costs exceed the Review Fee; and (3) Borrower shall provide Lender written notice of all Transfers whether or not such Transfers are permitted under this Loan Agreement or approved by Lender approves no later than ten (10) days prior to the date of the Transfer, provided that Borrower shall not be required to provide notice of Transfers of Residential Leases or denies such request. - IMPOSITIONSof the replacement of Fixtures or Personalty performed pursuant to the terms of the Loan Documents.

Further Conditions to Transfers and Assumption. In connection with any Transfer of the Mortgaged Property, or an ownership interest in Borrower, Key Principal, or Guarantor for which Lender’s approval is required under this Loan Agreement (including Section 11.3(ccccc)), Lender may, as a condition to any such approval, require: additional collateral, guaranties, or other credit support to mitigate any risks concerning the proposed transferee or the performance or condition of the Mortgaged Property; amendment of the Loan Documents to delete or modify any specially negotiated terms or provisions previously granted for the exclusive benefit of original Borrower, Key Principal, or Guarantor and to restore the original provisions of the standard Xxxxxx Xxx form multifamily loan documents, to the extent such provisions were previously modified modified; or to avoid the occurrence of an Adverse Tax Event; a modification to the amounts required to be deposited into the Reserve/Escrow Account pursuant to the terms of Section 13.2(yyyyy)(17)(B13.2(yyyyy)(16)(B); or with respect to any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS that are outstanding, the Transfer shall not result in an Adverse Tax Event. In connection with any request by Borrower for consent to a Transfer, Borrower shall pay to Lender upon demand: the Transfer Fee (to the extent charged by Lender); the Review Fee (regardless of whether Lender approves or denies such request); and all of Lender’s out-of-pocket costs (including reasonable attorneys’ fees) incurred in reviewing the Transfer request, regardless of whether Lender approves or denies such request. - IMPOSITIONS