Common use of Initial Due Diligence Fees Clause in Contracts

Initial Due Diligence Fees. The Borrower shall pay to the Lender actual due diligence fees (including reasonable legal fees and expenses relating to due diligence and the closing of this Agreement and the Initial Advance) ("Initial Due Diligence Fees") with respect to the Initial Mortgaged Properties (such Initial Due Diligence Fees are estimated by the Lender to be equal to a sum of the product obtained by multiplying - (1) $13,500, by (2) the number of Initial Mortgaged Properties, but such estimate shall not be used to provide a ceiling or a floor on the amount of the actual Fees). The Borrower has previously paid to the Lender a portion of the estimated amount of Initial Due Diligence Fees. On or prior to the Initial Closing Date, the Lender shall notify the Borrower of the actual amount of the Initial Due Diligence Fees and the Borrower shall pay to the Lender the remainder of such Initial Due Diligence Fees (if the actual amount of such Fee exceeds the portion of the estimated amount previously paid by the Borrower) or the Lender shall return to the Borrower the excess payment of such Fees (if the actual amount of such Fees is less than the portion of the estimated amount previously paid by the Borrower). The Borrower acknowledges and agrees that the Initial Due Diligence Fees shall include a fee payable to Xxxxxx Xxx in an amount equal to $1500 times the number of Initial Mortgaged Properties.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Archstone Communities Trust/)

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Initial Due Diligence Fees. The On the Initial Closing Date (or, if the proposed Initial Mortgaged Properties do not become part of the Collateral Pool, on demand), Borrower shall pay to the Lender actual due diligence fees (including reasonable legal fees and expenses relating to due diligence and the closing of this Agreement and the Initial Advance) ("Initial Due Diligence Fees") with respect to each Initial Mortgaged Property in an amount equal to the reasonable out-of-pocket costs incurred by Lender in connection with Lender’s due diligence for such Initial Mortgaged Properties, including but not limited to third party reports required by Lender plus a $4,500 fee per Initial Mortgaged Property (inclusive of a $1,500 fee payable by Lender to Xxxxxx Mae). On or before the Initial Mortgaged Properties (such Closing Date, Borrower shall pay a deposit toward the Initial Due Diligence Fees are estimated by the Lender to be equal to a sum of the product obtained by multiplying - (1i) $13,50012,500, by by (2ii) the number of Initial Mortgaged Properties, but such estimate shall not be used to provide a ceiling or a floor on minus the amount of the actual Fees). The Borrower has previously paid to the Lender a portion of the estimated amount of Initial Due Diligence FeesFees previously paid to Lender by Borrower . On or prior to the Initial Closing Date, the Lender shall notify the Borrower of Colonial/PNC ARCS- Master Credit Facility Agreement the actual amount of the Initial Due Diligence Fees and Borrower shall, on the Borrower shall Initial Closing Date, pay to the Lender the remainder of such Initial Due Diligence Fees (if the actual amount of such Fee the Initial Due Diligence Fees exceeds the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower) or the Lender shall return promptly refund to Borrower any amounts paid to Lender by Borrower in excess of the Borrower the excess payment of such Initial Due Diligence Fees (if the actual amount of such the Initial Due Diligence Fees is less than the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower). The Borrower acknowledges and agrees that the Initial Due Diligence Fees shall include a fee payable to Xxxxxx Xxx in an amount equal to $1500 times the number of Initial Mortgaged Properties.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Colonial Properties Trust)

Initial Due Diligence Fees. The On the Initial Closing Date (or, if the proposed Initial Mortgaged Properties do not become part of the Collateral Pool, on demand), Borrower shall pay to the Lender actual due diligence fees (including reasonable legal fees and expenses relating to due diligence and the closing of this Agreement and the Initial Advance) ("Initial Due Diligence Fees") with respect to each Initial Mortgaged Property in an amount equal to the reasonable out-of-pocket costs incurred by Lender in connection with Lender’s due diligence for such Initial Mortgaged Properties, including but not limited to third party reports required by Lender plus a $1,500 fee payable by Lender to Xxxxxx Mae. On or before the Initial Mortgaged Properties (such Closing Date, Borrower shall pay a deposit toward the Initial Due Diligence Fees are estimated by the Lender to be equal to a sum of the product obtained by multiplying - (1i) $13,50015,000, by by (2ii) the number of Initial Mortgaged Properties, but such estimate shall not be used to provide a ceiling or a floor on minus the amount of the actual Fees). The Borrower has previously paid to the Lender a portion of the estimated amount of Initial Due Diligence FeesFees previously paid to Lender by Borrower . On or prior to the Initial Closing Date, the Lender shall notify the Borrower of the actual amount of the Initial Due Diligence Fees and Borrower shall, on the Borrower shall Initial Closing Date, pay to the Lender the remainder of such Initial Due Diligence Fees (if the actual amount of such Fee the Initial Due Diligence Fees exceeds the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower) or the Lender shall return promptly refund to Borrower any amounts paid to Lender by Borrower in excess of the Borrower the excess payment of such Initial Due Diligence Fees (if the actual amount of such the Initial Due Diligence Fees is less than the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower). The Borrower acknowledges and agrees that the Initial Due Diligence Fees shall include a fee payable to Xxxxxx Xxx in an amount equal to $1500 times the number of Initial Mortgaged Properties.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Bre Properties Inc /Md/)

Initial Due Diligence Fees. The Borrower shall pay to the Lender actual due diligence fees (including reasonable legal fees and expenses relating to due diligence and the closing of this Agreement and the Initial Advance) ("Initial Due Diligence Fees") with respect to the each Initial Mortgaged Properties Property in an amount equal to the reasonable third party, out-of-pocket costs and expenses of Lender’s due diligence for such Initial Mortgaged Properties, including but not limited to third party reports required by Lender plus (such i) a $2,500 fee per Initial Mortgaged Property payable to Xxxxxx Xxx by Borrower plus (ii) a $3,500 processing fee per Initial Mortgaged Property payable to Lender by Borrower. All Initial Due Diligence Fees are estimated shall be paid by Borrower on the Lender to be Initial Closing Date (or, if the proposed Initial Mortgaged Properties do not become part of the Collateral Pool, within five (5) days of demand therefor). On or before the Initial Closing Date, Borrower shall pay a non-refundable deposit toward the Initial Due Diligence Fees equal to a sum of the product obtained by multiplying - (1) $13,500, by (2) 6,000 by the number of Initial Mortgaged Properties, but such estimate shall not be used to provide a ceiling or a floor on minus the amount of the actual Fees). The Borrower has previously paid to the Lender a portion of the estimated amount of Initial Due Diligence FeesFees previously paid to Lender by Borrower. On or prior to the Initial Closing Date, the Lender shall notify the Borrower of the actual amount of the Initial Due Diligence Fees and Borrower shall, on the Borrower shall Initial Closing Date, pay to the Lender the remainder of such Initial Due Diligence Fees (if the actual amount of such Fee the Initial Due Diligence Fees exceeds the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower) or the Lender shall return promptly refund to Borrower any amounts paid to Lender by Borrower in excess of the Borrower the excess payment of such Initial Due Diligence Fees (if the actual amount of such the Initial Due Diligence Fees is less than the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower). The Borrower acknowledges and agrees that the Initial Due Diligence Fees shall include a fee payable to Xxxxxx Xxx in an amount equal to $1500 times the number of Initial Mortgaged Properties.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Newcastle Investment Corp)

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Initial Due Diligence Fees. The On the Initial Closing Date (or, if the proposed Initial Mortgaged Properties do not become part of the Collateral Pool, on demand), Borrower shall pay to the Lender actual due diligence fees (including reasonable legal fees and expenses relating to due diligence and the closing of this Agreement and the Initial Advance) ("Initial Due Diligence Fees") with respect to each Initial Mortgaged Property in an amount equal to the reasonable out-of-pocket costs incurred by Lender in connection with Lender’s due diligence for such Initial Mortgaged Properties, including but not limited to third party reports required by Lender plus a $4,500 fee per Initial Mortgaged Property (inclusive of a $1,500 fee payable by Lender to Xxxxxx Xxx). On or before the Initial Mortgaged Properties (such Closing Date, Borrower shall pay a deposit toward the Initial Due Diligence Fees are estimated by the Lender to be equal to a sum of the product obtained by multiplying - (1i) $13,50012,500, by by (2ii) the number of Initial Mortgaged Properties, but such estimate shall not be used to provide a ceiling or a floor on minus the amount of the actual Fees). The Borrower has previously paid to the Lender a portion of the estimated amount of Initial Due Diligence FeesFees previously paid to Lender by Borrower . On or prior to the Initial Closing Date, the Lender shall notify the Borrower of the actual amount of the Initial Due Diligence Fees and Borrower shall, on the Borrower shall Initial Closing Date, pay to the Lender the remainder of such Initial Due Diligence Fees (if the actual amount of such Fee the Initial Due Diligence Fees exceeds the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower) or the Lender shall return promptly refund to Borrower any amounts paid to Lender by Borrower in excess of the Borrower the excess payment of such Initial Due Diligence Fees (if the actual amount of such the Initial Due Diligence Fees is less than the portion of deposit and the estimated amount other amounts previously paid to Lender by the Borrower). The Borrower acknowledges and agrees that the Initial Due Diligence Fees shall include a fee payable to Xxxxxx Xxx in an amount equal to $1500 times the number of Initial Mortgaged Properties.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Colonial Realty Limited Partnership)

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