Common use of Release Upon Defeasance Clause in Contracts

Release Upon Defeasance. (a) If Borrowers have elected to defease the entire Loan and the requirements of Section 2.5 hereof and this Section 2.6 have been satisfied, the Properties shall be released from the Lien of the Mortgage, and the U.S. Obligations pledged pursuant to the Security Agreement shall be the sole source of collateral securing the Notes. (b) In connection with the release of the Mortgage, Borrowers shall submit to Lender, not less than fifteen (15) days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are located and that would be satisfactory to a prudent lender. In addition, each Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrowers in connection with such release, together with an Officer’s Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

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Release Upon Defeasance. (a) If Borrowers have Borrower has elected to defease the entire Loan A Note, and prepay the B Note in full, and the requirements of Section 2.5 hereof and this Section 2.6 have been satisfied, the Properties Property shall be released from the Lien of the Mortgage, Security Instrument and the U.S. Obligations Obligations, pledged pursuant to the Security Agreement Agreement, shall be the sole source of collateral securing the NotesA Note. (b) In connection with the release of the MortgageSecurity Instrument, Borrowers Borrower shall submit to Lender, not less than fifteen thirty (1530) days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties Property for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are Property is located and that would be satisfactory to a prudent lender. In addition, each Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrowers Borrower in connection with such release, together with an Officer’s Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of this Agreement. (c) No release will be permitted prior to payment in full of all principal, interest and other amounts due under the B Note and the termination of the Future Advance Commitment.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Release Upon Defeasance. (a) If Borrowers have Borrower has elected to defease the entire Loan and the requirements of Section 2.5 hereof and this Section 2.6 have been satisfied, the Properties Property shall be released from the Lien of the Mortgage, and the U.S. Obligations pledged pursuant to the Security Agreement shall be the sole source of collateral securing the NotesNote. (b) In connection with the release of the Mortgage, Borrowers Borrower shall submit to Lender, not less than fifteen (15) days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties Property for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are Property is located and that would be satisfactory to a prudent lender. In addition, each Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrowers Borrower in connection with such release, together with an Officer’s Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Release Upon Defeasance. (a) If Borrowers have elected to defease the entire Loan and the requirements of Section 2.5 hereof and this Section 2.6 2.6.1 have been satisfied, the Properties shall be released from the Lien of the Mortgage, Mortgage and the U.S. Obligations Defeasance Collateral, pledged pursuant to the Security Agreement Agreement, shall be the sole source of collateral securing the NotesNote. (b) In connection with the release of the Mortgage, Borrowers shall submit to Lender, not less than fifteen five (155) business days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are located and that would be satisfactory to a prudent lender. In addition, each Borrower Borrowers shall provide all other documentation Lender reasonably requires to be delivered by Borrowers in connection with such release, together with an Officer’s Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

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Release Upon Defeasance. (a) If Borrowers have Borrower has elected to defease the entire Loan and the requirements of Section 2.5 hereof 2.4 and this Section 2.6 2.5 have been satisfied, the Properties Property shall be released from the Lien of the Mortgage, Mortgage and the U.S. Obligations Obligations, pledged pursuant to the Security Agreement Agreement, shall be the sole source of collateral securing the NotesNote. (b) In connection with the release of the Mortgagea Defeasance Event, Borrowers Borrower shall submit to Lender, not less than fifteen thirty (1530) days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties Property for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are Property is located and that would be satisfactory to a prudent lenderLender in its reasonable discretion. In addition, each Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrowers Borrower in connection with such release, together with an Officer’s Officers’ Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of release as contemplated by this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Release Upon Defeasance. (a) If Borrowers have Borrower has elected to defease the entire Loan and the requirements of Section 2.5 hereof and this Section 2.6 have been satisfied, the Properties Property shall be released from the Lien of the Mortgage, Mortgage and the U.S. Obligations Obligations, pledged pursuant to the Security Agreement Agreement, shall be the sole source of collateral securing the NotesNote. (b) In connection with the release of the Mortgage, Borrowers Borrower shall submit to Lender, not less than fifteen thirty (1530) days prior to the Defeasance Date, a release of Lien (and related Loan Documents) for the Properties Property for execution by Lender. Such release shall be in a form appropriate in the jurisdiction in which the Properties are Property is located and that would be satisfactory to a prudent lender. In addition, each Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrowers Borrower in connection with such release, together with an Officer’s Certificate of such Borrower certifying that such documentation (i) is in compliance with all Legal Requirements, and (ii) will effect such releases in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Fairchild Corp)

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