Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 11 contracts
Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (Chesapeake Lodging Trust)
Purchase, Sale and Matching of Funds. Borrower understandsBorrowers understand, agrees agree and acknowledges acknowledge the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has Borrowers have accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower Borrowers further agrees agree to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 4 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have Lender has no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed One-Month LIBO Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed One-Month LIBO Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed One-Month LIBO Rate and a Fixed Rate Price Adjustment. Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate actual Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 2 contracts
Samples: Modification Agreement (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc)
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Calculated Interest Rate as a basis for calculating a Fixed an Effective Rate or Fixed LIBO Rate Price Adjustment; (b) a LIBO Calculated Interest Rate is used merely as a reference in determining an Effective Rate or a Fixed Rate and Fixed LIBO Rate Price Adjustment; and (c) Borrower has accepted a LIBO Calculated Interest Rate as a reasonable and fair basis for calculating an Effective Rate or a Fixed Rate and a Fixed LIBO Rate Price Adjustment. Borrower further agrees to pay the Fixed LIBO Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 2 contracts
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Purchase, Sale and Matching of Funds. The Borrower understands, agrees and acknowledges the following: (a) the Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate LIBOR as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate LIBOR is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO Rate LIBOR as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
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Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have Lender has no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower Xxxxxxxx further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 1 contract
Samples: Promissory Note (Price Legacy Corp)
Purchase, Sale and Matching of Funds. The Borrower understands, agrees and acknowledges the following: (a) Lenders have no Lender Party has any obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) the Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. The Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender Party elects to purchase, sell and/or match funds.
Appears in 1 contract
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.β
Appears in 1 contract
Samples: Fifth Modification Agreement (Ps Business Parks Inc/Ca)
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have Lender has no obligation to purchase, sell and/or match funds in connection with the use of a LIBO LIBOR Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO LIBOR Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrower has accepted a LIBO LIBOR Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. Borrower Xxxxxxxx further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 1 contract
Samples: Promissory Note (Behringer Harvard Short Term Opportunity Fund I Lp)
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Calculated Interest Rate as a basis for calculating a Fixed an Effective Rate or Fixed LIBO Rate Price Adjustment; (b) a LIBO Calculated Interest Rate is used merely as a reference in determining a Fixed an Effective Rate and Fixed a LIBO Rate Price Adjustment; and (c) Borrower has accepted a LIBO the Calculated Interest Rate as a reasonable and fair basis for calculating a Fixed an Effective Rate and a Fixed LIBO Rate Price Adjustment. Borrower further agrees to pay the Fixed LIBO Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 1 contract
Purchase, Sale and Matching of Funds. Borrower understands, agrees and acknowledges the following: (a) Lenders have Lender has no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Calculated Interest Rate as a basis for calculating a Fixed an Effective Rate or Fixed LIBO Rate Price Adjustment; (b) a LIBO Calculated Interest Rate is used merely as a reference in determining an Effective Rate or a Fixed Rate and Fixed LIBO Rate Price Adjustment; and (c) Borrower has accepted a LIBO Calculated Interest Rate as a reasonable and fair basis for calculating an Effective Rate or a Fixed Rate and a Fixed LIBO Rate Price Adjustment. Borrower further agrees to pay the Fixed LIBO Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.
Appears in 1 contract
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Purchase, Sale and Matching of Funds. The Borrower understands, agrees and acknowledges the following: (a) Lenders have no Lender Party has any obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) the Borrower has accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. The Borrower further agrees to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender Party elects to purchase, sell and/or match funds.. ARTICLE
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