PAYMENT OF CITIZENS BANK. The Bank shall have received evidence satisfactory to it in its sole discretion that Borrower's mortgage loan, revolving line of credit facility and term loan with Citizens Bank of Massachusetts have been paid in full.
PAYMENT OF CITIZENS BANK Sample Clauses
Related to PAYMENT OF CITIZENS BANK
Wachovia Wachovia Mortgage Corporation, a North Carolina corporation, and its successors and assigns.
BANK OF AMERICA, N A., as Initial Note A-1-1 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-1-2 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-1-3 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-1 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-2 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-3 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-4 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-5 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-6 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders KEYBANK NATIONAL ASSOCIATION, as Initial Note A-3 Holder By: /s/ Xxx X. XxXxx Name: Xxx X. XxXxx Title: Senior Vice President Xxxxxxx Portfolio Agreement Between Note Holders EXHIBIT A MORTGAGE LOAN SCHEDULE Description of Mortgage Loan Mortgage Loan Borrower(s): The GC Net Lease (Phoenix Deer Valley) Investors, LLC, a Delaware limited liability company XX Xxxxxxx Xxxxxxxxx, LLC, a Delaware limited liability company The GC Net Lease (Atlanta Perimeter) Investors, LLC, a Delaware limited liability company The GC Net Lease (Oak Brook) Investors, LLC, a Delaware limited liability company The GC Net Lease (Charlotte Research) Investors, L.P. , a Delaware limited partnership The GC Net Lease (West Xxxxxxx) Investors, LLC, a Delaware limited liability company The GC Net Lease (Frisco) Investors, LLC, a Delaware limited liability company The GC Net Lease (Irving) Investors, LLC , a Delaware limited liability company The GC Net Lease (Xxxxxx Xxxxxxxxx) Investors, LLC, a Delaware limited liability company The GC Net Lease (Lynnwood I) Investors, LLC, a Delaware limited liability company Date of Mortgage Loan: September 29, 2017 Date of the Notes: September 29, 2017 Aggregate Original Principal Amount of Mortgage Loan: $375,000,000 Original Principal Amount of each Note: As set forth in table below. Location of Mortgaged Properties: As set forth in table below. Maturity Date: October 1, 2027 Original Principal Amounts of each Note Note Original Principal Amount Applicable Lender “Note A-1-1” $ 100,000,000.00 BANA “Note A-1-2” $ 96,250,000.00 BANA “Note A-1-3” $ 10,000,000.00 BANA “Note A-2-1” $ 35,000,000.00 UBS “Note A-2-2” $ 30,000,000.00 UBS “Note A-2-3” $ 25,000,000.00 UBS “Note A-2-4” $ 20,000,000.00 UBS “Note A-2-5” $ 15,000,000.00 UBS “Note A-2-6” $ 6,250,000.00 UBS “Note A-3” $ 37,500,000.00 KeyBank Locations of Mortgaged Properties Borrower Property Address ST County The GC Net Lease (Phoenix Deer Valley) Investors, LLC 25500 & 00000 Xxxxx Xxxxxxxx Xxxxxxx, Xxxxxxx, XX AZ Maricopa XX Xxxxxxx Xxxxxxxxx, LLC 000 Xxxxxx Xxxx, Patterson, CA CA Stanislaus The GC Net Lease (Atlanta Perimeter) Investors, LLC 00 Xxxxxxxxx Xxxxxx Xxxx, XxXxxx, XX GA DeKalb 00 Xxxxxxxxx Xxxxxx Xxxx, XxXxxx, XX The GC Net Lease (Oak Brook) Investors, LLC 0000-0000 Xxxxxxxxxx Xxxxx, Xxx Xxxxx, XX IL DuPage The GC Net Lease (Charlotte Research) Investors, L.P. 0000 Xxxxxxxx Xxxxx, Xxxxxxxxx, XX NC Mecklenburg The GC Net Lease (West Xxxxxxx) Investors, LLC 6380 & 0000 Xxxxxxxx Xxx, Xxxx Xxxxxxx, OH OH Xxxxxx The GC Net Lease (Frisco Parkwood) Investors, LLC 0000 Xxxxxx Xxxxxxx, Frisco, TX TX Collin The GC Net Lease (Irving) Investors, LLC 000 Xxxxxx Xxxxx Xxxx, Xxxxxx, XX TX Dallas The GC Net Lease (Xxxxxx Xxxxxxxxx) Investors, LLC 0000 X Xxxx Xxxxxxxxx Fwy, Irving, TX TX Dallas The GC Net Lease (Lynnwood I) Investors, LLC 00000 00xx Xxx X, Xxxxxxxx, XX XX Snohomish EXHIBIT B
Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.
Disbursement from the Bank Account 4.1 Subject to 4.3 below, if by the close of regular banking hours on the Termination Date the Escrow Agent determines that the amount in the Fund is less than the Minimum Dollar Amount or the Minimum Securities Amount, as indicated by the Subscription Information submitted to the Escrow Agent, then in either such case, the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Bank Account for the amounts of such payments and transmitting them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the Fund.
Appointment of Financial Institution as Agent for the Company The Company may appoint a financial institution (which may be the Collateral Agent) to act as its agent in performing its obligations and in accepting and enforcing performance of the obligations of the Purchase Contract Agent and the Holders, under this Agreement and the Purchase Contracts, by giving notice of such appointment in the manner provided in Section 1.05 hereof. Any such appointment shall not relieve the Company in any way from its obligations hereunder.
Replacement of a Bank If a Bank (other than the Agent as a Bank) becomes a Replacement Candidate, the Borrower shall have the right to require such Bank to assign to an Eligible Assignee selected by the Borrower and reasonably satisfactory to the Agent (which may be one or more of the Banks) the Notes and participation interests in the Letter of Credit Liabilities and Swingline Loans held by such Bank pursuant to the terms of an appropriately completed Assignment and Acceptance in accordance with subsection 14.8(b); provided that, neither the Agent nor any Bank shall have any obligation to the Borrower to find any such Eligible Assignee and in order for the Borrower to replace a Bank, the Borrower must require such replacement within three (3) months of the date the Bank became a Replacement Candidate. Each Bank (other than the Agent as a Bank) agrees to its replacement at the option of the Borrower pursuant to this Section 6.5; provided that the Eligible Assignee selected by the Borrower shall purchase such Bank's interest in the Obligations owed herewith of the Borrower to such Bank for cash in an aggregate amount equal to the aggregate unpaid principal thereof, all unpaid interest accrued thereon, all unpaid commitment and letter of credit fees accrued for the account of such Bank, any breakage costs incurred by the selling Bank because of the prepayment of any Libor Accounts, all other fees (if any) applicable thereto and all other amounts (including any amounts due under Section 6.1 or 6.4) then owing to such Bank hereunder or under any other Loan Document. A Bank will become a "Replacement Candidate" if (i) it has demanded compensation under Sections 5.9, 6.1 or 6.4, (ii) it has defaulted on any obligation under the Loan Documents or (iii) it has become insolvent and its assets become subject to a receiver, liquidator, trustee, custodian, or other officer having similar powers. The rights of the Borrower under this Section 6.5 shall be in addition to any other rights or remedies the Borrower may have at law or in equity as a result of the events described in the definition of "Replacement Candidate".
Termination and Replacement of Financial Institution The Financial Institution may terminate its rights and obligations under this Agreement if the Secured Party resigns or is removed as Indenture Trustee under the Indenture. The Grantor may terminate the rights and obligations of the Financial Institution if the Financial Institution ceases to be a Qualified Institution. No termination of the Financial Institution will be effective until new Collateral Accounts are established with, and the cash and other financial assets credited to the Collateral Accounts are transferred to, another securities intermediary who has agreed to accept the obligations of the Financial Institution under this Agreement or a similar agreement.
Agent as Bank In its individual capacity, BKB shall have the same obligations and the same rights, powers and privileges in respect to its Commitment and the Loans made by it, and as the holder of any of the Notes and as the purchaser of any Letter of Credit Participations, as it would have were it not also the Agent.
Agreements with Foreign Banking Institutions Each agreement with a foreign banking institution shall be substantially in the form set forth in Exhibit 1 hereto and shall provide that: (a) the assets of each Portfolio will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration; (b) beneficial ownership for the assets of each Portfolio will be freely transferable without the payment of money or value other than for custody or administration; (c) adequate records will be maintained identifying the assets as belonging to each applicable Portfolio; (d) officers of or auditors employed by, or other representatives of the Custodian, including to the extent permitted under applicable law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Custodian; and (e) assets of the Portfolios held by the foreign sub-custodian will be subject only to the instructions of the Custodian or its agents.
Financial Institution Funding The aggregate Capital associated with the Purchases by the Financial Institutions shall accrue Financial Institution Yield for each day during its Rate Tranche Period at either the LIBO Rate or the Alternate Base Rate in accordance with the terms and conditions hereof. Until Seller gives notice to Agent and the applicable Purchaser Agent(s) of another Discount Rate in accordance with Section 4.4, the initial Discount Rate for any portion of the Asset Portfolio transferred to the Financial Institutions pursuant to the terms and conditions hereof shall be the Alternate Base Rate. If any pro rata portion of the Asset Portfolio of any Conduit is assigned or transferred to, or funded by, any Funding Source of such Conduit pursuant to any Funding Agreement or to or by any other Person, each such portion of the Asset Portfolio so assigned, transferred or funded shall each be deemed to have a new Rate Tranche Period commencing on the date of any such assignment, transfer or funding, and shall accrue yield for each day during its Rate Tranche Period at either the LIBO Rate or the Alternate Base Rate in accordance with the terms and conditions hereof as if each such portion of the Asset Portfolio was held by a Financial Institution. With respect to each such portion of the Asset Portfolio, the assignee or transferee thereof, or the lender with respect thereto, shall be deemed to be a Financial Institution in the applicable Conduit’s Purchaser Group solely for the purposes of Sections 4.1, 4.2, 4.4 and 4.5 hereof.
