Mortgage Borrower Distributions. All transfers of Mortgage Borrower’s funds to or for the benefit of Lender or Borrower, pursuant to this Agreement, the Mortgage Loan Documents or any of the other Loan Documents, are intended by Borrower and Mortgage Borrower to constitute and shall constitute distributions from Mortgage Borrower to Borrower, and, in each case, must comply with the requirements as to distributions of the Delaware Revised Uniform Limited Partnership Act or the Delaware Limited Liability Company Act, as applicable. No provision of the Loan Documents shall create a debtor-creditor relationship between Borrower and Mortgage Lender.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Archstone Smith Operating Trust), Mezzanine Loan Agreement (Archstone Smith Operating Trust)
Mortgage Borrower Distributions. All transfers of Mortgage Borrower’s funds from the Lockbox Account or other sources to or for the benefit of the Lender or Borrower, the Borrower pursuant to this Agreement, the Mortgage Loan Documents or any of the other Loan Documents, are intended by Borrower and the Mortgage Borrower to constitute and shall constitute distributions from the Mortgage Borrower to the Borrower, and, in each case, and must comply with the requirements as to distributions of the Delaware Revised Uniform Limited Partnership Act or the Delaware Limited Liability Company Act, as applicable. No provision of the Loan Documents shall create a debtor-creditor relationship between Mortgage Borrower and Mortgage the Lender.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)