Common use of Mezzanine Borrower’s Account Representations, Warranties and Covenants Clause in Contracts

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereof, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Mezzanine), and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereofClosing Date, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Third Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Third Mezzanine), debt service in respect of the Senior Mezzanine Loans, and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereof, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Third Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Third Mezzanine), and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereofClosing Date, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Fourth Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Fourth Mezzanine), debt service in respect of the Senior Mezzanine Loans, and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereofClosing Date, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Mezzanine), and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereofClosing Date, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Second Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Second Mezzanine), debt service in respect of the Senior Mezzanine Loan, and debt service in respect of the Junior Mezzanine Loans.

Mezzanine Borrower’s Account Representations, Warranties and Covenants. (a) Mezzanine Borrower represents, warrants and covenants that: (i) as of the date hereof, Mortgage Borrower has irrevocably directed the Master Lessee pursuant to a letter substantially in the form of the Master Lease Rent Payment Direction Letter to make all payments of Master Lease Scheduled Rent directly to the Holding Account at all times during the term of the Mortgage Loan and Mezzanine Borrower shall cause Mortgage Borrower to deposit all such sums in such Holding Account; and (ii) Mezzanine Borrower shall cause Mortgage Borrower to comply with, and use commercially reasonable efforts to enforce Mortgage Lender’s compliance with, all of the terms and conditions of Section 3.1 of the Loan Agreement (Mortgage), including, without limitation: (1) the timely funding of all Sub-Accounts under the Mortgage Loan, including any Sub-Account deficiencies in accordance with Section 3.1.6(c) of the Loan Agreement (Mortgage); (2) the distribution of funds to Mezzanine Lender in accordance with the “First Second Mezzanine Lender Monthly Debt Service Notice” as described in the Loan Agreement (Mortgage); and (3) the timely payment of Impositions and Other Charges, insurance premiums, Ground Rent, Debt Service in respect of the Mortgage Loan, Debt Service (First Second Mezzanine), and debt service in respect of the Junior Mezzanine Loans.