Inland Western Retail Real Estate Trust. Inc. ("TERRORISM INSURANCE GUARANTOR") executes a guaranty, in form and substance satisfactory to Lender, guaranteeing in the event of any act of terrorism, payment to Lender of any sums that Borrower is obligated to pay to Lender under clause (I) above (which shall be applied in accordance with Section 6.4 hereof) and (III) Terrorism Insurance Guarantor maintains a net worth of at least $300,000,000 (as determined by such entity's most recent audited financial statements), such entity maintains a direct or indirect ownership interest in Borrower, and the aggregate loan-to-value ratio (as determined by Lender) ("LTV") for all properties on which such entity has a direct or indirect ownership interest shall not exceed 55%, however, Terrorism Insurance Guarantor may exceed the 55% LTV for a period not to exceed six (6) months out of any twelve (12) month period either 1) during the time period when Terrorism Insurance Guarantor is offering securities to the public, or 2) when in the business judgement of Terrorism Insurance Guarantor, exceeding an LTV of 55% is necessary given existing circumstances of the credit environment, but in no event shall the LTV exceed 65% if Terrorism Insurance Guarantor maintains a net worth greater than or equal to $300,000,000, but less than $400,000,000, or 70% if Terrorism Insurance Guarantor maintains a net worth of at least $400,000,000.
Inland Western Retail Real Estate Trust. Inc., a corporation organized under the laws of the State of Maryland (“Borrower”), and Subsidiary Guarantors have requested that the Lenders make a combined term loan and revolving credit facility available to Borrower in an aggregate principal amount of $585,000,000, subject to possible future increase to an aggregate of $650,000,000 (the “Facility”).
Inland Western Retail Real Estate Trust. Inc.” shall mean Inland Western Retail Real Estate Trust, Inc., a Maryland corporation.
Inland Western Retail Real Estate Trust. Inc., and (4) providing any and all information necessary for the Company to comply now or in the future with reporting requirements under state or federal securities laws. Without limiting the foregoing, he agrees (i) to meet with the Company’s representatives, its counsel or other designees at mutually convenient times and places with respect to any items within the scope of this paragraph; (ii) to provide truthful testimony before any court, agency or other legal authority; and (iii) to notify the Company when permitted to do so by law within three (3) business days if he is contacted by any adverse party or legal authority or by any representative of an adverse party or legal authority. Xx. X’Xxxxxx represents and warrants to the Company that, as of the date of this Agreement, he has no actual knowledge that the Company’s public filings with The Securities and Exchange Commission made any false or misleading statements. Should it become necessary to meet with the Company’s representatives, its counsel or other designees, Xx. X’Xxxxxx will receive reimbursement for actual lost wages and actual expenses that are reasonable and customary under the Company’s expense policies and its by-laws relating to indemnification.
Inland Western Retail Real Estate Trust. Inc., a corporation organized under the laws of the State of Maryland (the “Borrower”), KeyBank National Association, individually and as administrative agent, and certain other lenders are parties to that certain Credit Agreement dated as of October 15, 2007, as amended by a Comprehensive Amendment to Credit Agreement dated April __, 2009 (as it may be amended, modified and/or restated from time to time, the “Credit Agreement”). All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement. Borrower has executed and delivered to the Lenders certain promissory notes and may in the future execute and deliver to the Lenders additional promissory notes (the promissory notes, made in favor of the Lenders, together with any amendments or allonges thereto, or restatements, replacements or renewals thereof, or new promissory notes to new Lenders under the Credit Agreement, are collectively referred to herein as the “Notes”), in and by which the Borrower promises to pay the principal of all Loans under such Credit Agreement and interest at the rate and in installments as provided in the Credit Agreement, with a final payment of the outstanding principal balance and accrued and unpaid interest being due on or before October 14, 2010, subject to extension to October 14, 2011 in accordance with the terms of the Credit Agreement. Mortgagor has guaranteed payment and performance of Borrower’s obligations under the Notes and the Credit Agreement pursuant to a Subsidiary Guaranty (the “Guaranty”). The maximum aggregate principal amount of the Loans evidenced by the Notes shall be $200,000,000. The indebtedness secured hereby shall be governed by the terms and conditions of the Credit Agreement. In consideration of the debt evidenced by the Notes and the Commitments evidenced by the Credit Agreement and to secure the timely payment of both principal and interest in accordance with the terms and provisions of the Notes and the Guaranty and in accordance with the terms, provisions and limitations of this Mortgage, to secure the payment of any and all amounts advanced by the Mortgagee with respect to the Premises for the payment of taxes, assessments, insurance premiums or any other costs incurred in the protection of the Premises, and to secure the performance of the covenants and agreements contained herein and in the Notes, the Credit Agreement, the Subsidiary Guaranty, the Security Documents and any oth...
Inland Western Retail Real Estate Trust. Inc. First Fee N 17 Greene, Theodore; Lisa Hoffman Greene Firsx Xxx N 38 Jarol, Sherwin N. Firsx Xxx N 42 Vallely, Craig; Jerry Lynch Firsx Xxx X 46 Rocks, Samuel; JWR Family LLC; RDR Family LLC First Fex N 79 Hemmer Jr., Paul; David B. Pomeroy II Firsx Xee N 195 Milano, Constantino T. First Fee X 202 Kamhi, Max Firsx Xxx N Total/Weighted Average: Ground Lease Outside Ground Expiration Loan Lease Extension Extension Date Modified Pool Expiration Options Options (Including Note Loan Modification No. Date (Y/N) Description Extensions) Date (Y/N) Description ----------------------- ---------- --------- ----------------- ----------- ---------- -------- ------------ 6 12/31/2037 Y 1; 30 year option 12/31/2067 12/15/2004 N NAP 8 NAP N NAP NAP 01/07/2005 N NAP 10 NAP N NAP NAP 10/25/2004 N NAP
Inland Western Retail Real Estate Trust. INC., a Maryland corporation By: ___________________________________ Name: Title: JOINDER AGREEMENT The undersigned (individually or collectively, as the context requires, “Joinder Party”) hereby acknowledges and agrees that it has read and reviewed the foregoing Agreement to which this Joinder Agreement has been attached, including without limitation, Sections 9.1, 9.3 and 10.1. Capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. For ten dollars ($10.00) and other good and valuable consideration, including the financial benefit the undersigned will receive by virtue of Western’s entering into the foregoing Agreement, the receipt of which is hereby acknowledged, Joinder Party hereby further acknowledges and agrees that any property management or similar agreement with any of the entities listed on Exhibit B to the Agreement to which Joinder Party is a party shall be deemed modified to reflect that any property management or similar fees, to the extent there is insufficient Operating Distributable Cash to pay such fees under Section 9.1 hereof, shall be deferred and accrue without interest. The provisions of this Joinder Agreement are for the benefit of Inland Member. This Joinder Agreement shall bind, and inure to the benefit of, each Joinder Party, together with its successors and/or assigns.
