Interest Fees and Expenses. (1) Included in the Budget are projected amounts for (a) interest on the Loans, (b) the Agency Fee, (c) the fees and expenses of the Construction Consultant, the Administrative Agent’s counsel and the Title Company and (d) the fees and expenses related to the recording of the Mortgage. Subject to Borrower’s compliance with all of the conditions set forth in Schedule 4 and this Article 4, Borrower may in any Request for Loan Advance request advances for the purpose of paying the aforesaid items due at such time, in which event the Administrative Agent shall be authorized and is hereby directed to disburse the amount thereof to the Persons entitled to such payments. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, Borrower shall not have the right to request the advance of any Loans for any items covered by clauses (a) through (d) above to the extent Net Cash Flow is available to pay such items.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Maguire Properties Inc)
Interest Fees and Expenses. (1) Included in the Budget are projected amounts for (a) interest on the Loans, (b) the Agency Fee, (c) the fees and expenses of the Construction Consultant, the Administrative Agent’s counsel and the Title Company and (d) the fees and expenses related to the recording of the MortgageMortgages. Subject to Borrower’s compliance with all of the conditions set forth in Schedule 4 and this Article 4, Lead Borrower may in any Request for Loan Advance request advances for the purpose of paying the aforesaid items due at such time, in which event the Administrative Agent shall be authorized and is hereby directed to disburse the amount thereof to the Persons entitled to such payments. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, Lead Borrower shall not have the right to request the advance of any Loans for any items covered by clauses (a) through (d) above to the extent Net Cash Flow is Operating Revenues are available to pay such items.
Appears in 2 contracts
Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust)
Interest Fees and Expenses. (1) Included in the Budget are projected amounts for (a) interest on the Loans, (b) the Agency Fee, (c) the fees and expenses of the Construction Consultant, the Administrative Agent’s counsel and the Title Company and (d) the fees and expenses related to the recording of the Mortgage. Subject to BorrowerXxxxxxxx’s compliance with all of the conditions set forth in Schedule 4 and this Article 4, Borrower may in any Request for Loan Advance request advances for the purpose of paying the aforesaid items due at such time, in which event the Administrative Agent shall be authorized and is hereby directed to disburse the amount thereof to the Persons entitled to such payments. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, Borrower shall not have the right to request the advance of any Loans for any items covered by clauses (a) through (d) above to the extent Net Cash Flow is available to pay such items.
Appears in 1 contract
Samples: Construction Loan Agreement