Junior Lender. Notwithstanding the provisions of Section 9 or any other provisions hereof (including the provisions of Section 12(a)(iii) hereof), no Junior Lender or any Loan Pledgee with respect to a Junior Loan shall Transfer in the aggregate, taking into account all prior Transfers, more than forty nine percent (49%) of its respective beneficial interest in its respective Junior Loan to any Person that is not a Qualified Transferee or a Loan Pledgee, without receiving a Rating Agency Confirmation (in which case the related transferee shall thereafter be deemed to be a “Qualified Transferee” for all purposes of this Agreement), and in connection with any Transfer to a Qualified Transferee, any such Junior Lender shall, if requested by the Rating Agencies, provide to Senior Lender, the other Junior Lenders and the Rating Agencies within five (5) Business Days of such Transfer a certification that such Transfer has been made to a Qualified Transferee or a Loan Pledgee. Any such transferee (other than a Loan Pledgee or a participant in connection with a participation of a portion of the applicable Junior Loan), must assume in writing the obligations of such Junior Lender hereunder arising from and after the date of such Transfer (and such Junior Lender shall remain liable for its obligations hereunder arising prior to the date of such Transfer) and agree to be bound by the terms and provisions hereof. Such proposed transferee (other than a Loan Pledgee (prior to its realization on the Pledged Junior Loan) or a participant in connection with a participation of a portion of the applicable Junior Loan) shall also remake each of the representations and warranties contained herein which are applicable to the Junior Loan being acquired for the benefit of the Senior Lender and the Junior Lenders.
Junior Lender. COUNTY OF BOULDER, COLORADO, a body corporate and politic By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2024, by , of the County of Boulder, Colorado, a body corporate and politic, on behalf of said entity. WITNESS my hand and official seal. Notary Public My commission expires: Exhibit A to Subordination Agreement Senior Lender: ANB BANK Junior Lender: COUNTY OF BOULDER, COLORADO Junior Loan Documents Junior Promissory Notes
Junior Lender s/ Xxxxxxx X. Xxxxxx
Junior Lender. BEHRINGER HARVARD PAL I, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxxxx, III Xxxxxx X. Xxxxxxx, III Executive Vice President SUBORDINATE LENDER: LEND LEASE (US) CAPITAL INC. By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Vice President
Junior Lender. COLUMN FINANCIAL, INC., a Delaware corporation By: /s/ N. Xxxxx XxXxxxx Name: N. Xxxxx XxXxxxx Title: Authorized Signatory STARWOOD PROPERTY MORTGAGE SUB-17, L.L.C. By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Authorized Signatory XXXXX FARGO BANK, NATIONAL ASSOCIATION, NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS MEZZANINE TRUSTEE FOR THE BENEFIT OF CERTIFICATEHOLDERS OF CSMC TRUST 2016-NYRT MZ, COMMERCIAL MEZZANINE PASS THROUGH CERTIFICATES, SERIES 2016-NYRT MZ By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: Vice president SCHEDULE I (Borrower) ARC NY333W3401, LLC, a Delaware limited liability company ARC NY350BL001, LLC, a Delaware limited liability company ARC NYBLKST002, LLC, a Delaware limited liability company ARC NYCTGRG001, LLC, a Delaware limited liability company ARC NYWSHST001, LLC, a Delaware limited liability company ARC NYGRNAV001, LLC, a Delaware limited liability company ARC NYW42ST001, LLC, a Delaware limited liability company ARC NY120W5701, LLC, a Delaware limited liability company SCHEDULE II (Original Borrower) ARC NY22936001, LLC, a Delaware limited liability company ARC NY21618001, LLC, a Delaware limited liability company ARC NY333W3401, LLC, a Delaware limited liability company ARC NY350BL001, LLC, a Delaware limited liability company ARC NYBLKST002, LLC, a Delaware limited liability company ARC NYCTGRG001, LLC, a Delaware limited liability company ARC NYWSHST001, LLC, a Delaware limited liability company ARC NYGRNAV001, LLC, a Delaware limited liability company ARC NYW42ST001, LLC, a Delaware limited liability company ARC NY120W5701, LLC, a Delaware limited liability company ARC NY24549W17, LLC, a Delaware limited liability company 50 Varick LLC, a New York limited liability company EXHIBIT A (Schedule XVI) See attached. SCHEDULE XVI (Notes (Extension Term))
Junior Lender. City of Winona (funds received from the State of Minnesota Initiative Fund). The original principal amount of the Note will be $300,000. Up to $100,000 of the Loan principal will be forgiven upon satisfaction by the Borrower of the terms of the Loan Agreement, specifically job creation, wages, and business operation goals. The repayable portion of the Loan, $200,000, shall bear interest at a rate of three percent (3%) per annum. Interest shall begin to accrue as of the Initial Disbursement Date, The Initial Disbursement Date means the date of the first disbursement of any Loan Proceeds by the Lender to the Borrower. The term of the Loan is seven (7) years. Payments of principal and interest on the non- forgiveable portion of the Loan shall commence on the first day of the first month immediately following the Final Disbursement Date and shall continue on the first day of each and every month thereafter until the Loan is paid in full. The Final Disbursement Date means the date of the final disbursement of the Loan proceeds by the Lender to the Borrower, In accordance with the applicable loan documents, if the Borrower fails to meet the job creation and wage goals stated therein by the Compliance Date and the Lender has not extended the Compliance Date for one year after public hearing and approval of the State of Minnesota, the Borrower will be required to repay the Lender a pro rata share of the $100,000 at $15,000 per job not created, plus interest from the Initial Disbursement Date, which interest shall be computed as follows. If the implicit price deflater for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis of the United States Department' of Commerce for the 12-month period ending March 31st of the previous year, exceeds three percent (3%) on the date of default, the Borrower shall, in addition to any other payment required under the Note, pay to the Lender the difference between the present value of the interest actually paid and accrued on the Loan and the amount of interest that would have been paid and accrued on the Loan if the interest rate of the Loan at all times had been equal to the implicit price deflater on the date of the date of default.
Junior Lender. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT a public agency of the State of California By: __________________________ (Signatures follow on subsequent page) SENIOR LENDER: By: _________________________ Name: _________________________ Title: _________________________ ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: BORROWER: A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ______________________ On _____________________________ before me _______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ______________________ On _____________________________ before me _______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________________ Signature of Notary ...
Junior Lender. HOUSING AUTHORITY OF THE CITY AND COUNTY OF DENVER, COLORADO, a body corporate and politic, authorized by the laws of the State of Colorado By: Xxxxxx Xxxxxxxx, Executive Director STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this day of July, 2018, by Xxxxxx Xxxxxxxx, as Executive Director of the Housing Authority of the City and County of Denver, Colorado, a body corporate and politic, authorized by the laws of the State of Colorado. Witness my hand and official seal. My commission expires . Notary Public [SEAL] Signature Page to Subordination Agreement (continued) Re: Housing Authority of the City and County of Denver, Colorado Multifamily Housing Revenue Bonds (Platte Valley Homes Project) Series 2018
Junior Lender. Junior Lender hereby represents and warrants to Senior Lender as follows:
Junior Lender. Notwithstanding anything contained herein to the contrary, so long as any of the Senior Loan Obligations remain outstanding, Junior Lender must obtain the prior written consent of the Senior Lender prior to commencing any Junior Loan Enforcement Action.
