Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 94 contracts
Samples: And Spreader Agreement and Security Agreement, Mortgage and Security Agreement (Morgans Hotel Group Co.), Electro Scientific Industries Inc
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.
Appears in 47 contracts
Samples: Loan Agreement (Istar Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Agreement (Lodging Fund REIT III, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Other Security Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Other Security Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Other Security Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Other Security Document in the same principal amount thereof and otherwise of like tenor.
Appears in 32 contracts
Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.), Trust and Security Agreement (Innovative Micro Technology Inc), Convertible Promissory Notes Agreement (Minrad International, Inc.)
Replacement Documents. Upon receipt of an affidavit of from an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument, Borrower will issue, issue a replacement original in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document thereof in the same original principal amount thereof and otherwise of like tenoron the same terms and conditions as the original.
Appears in 11 contracts
Samples: Loan Agreement (Cole Credit Property Trust V, Inc.), Loan Agreement (Cole Credit Property Trust V, Inc.), Loan Agreement and Security Agreement (Bollente Companies Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 8 contracts
Samples: Security Agreement and Fixture Filing, Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.), Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.
Appears in 6 contracts
Samples: Mezzanine B Loan Agreement (Northstar Realty Finance Corp.), Mezzanine C Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine a Loan Agreement (NorthStar Healthcare Income, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, record and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Borrower, at its expense, will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 5 contracts
Samples: Loan Agreement (Whitestone REIT), Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (New York City REIT, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 5 contracts
Samples: Loan and Security Agreement (Arrhythmia Research Technology Inc /De/), Loan and Security Agreement (Arrhythmia Research Technology Inc /De/), Loan Agreement (Omega Flex, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, record and, in the case of any such mutilation, mutilation upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, issue in lieu thereof, thereof a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 4 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or a replacement of such other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: www.sec.gov, Security Agreement (Talon Real Estate Holding Corp.), TNP Strategic Retail Trust, Inc.
Replacement Documents. Upon receipt of an affidavit of an officer of Mortgagee and an affidavit from the applicable Lender in the form required by the Loan Agreement as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Mortgagor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: And Rents and Security Agreement (Empire State Realty Trust, Inc.), And Rents and Security Agreement (Empire State Building Associates L.L.C.), And Rents and Security Agreement (Empire State Realty Trust, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document document(s) which is not of public record, record and, in the case of any such destruction or mutilation, upon surrender and cancellation of such the Note or other Loan Documentdocument(s), Borrower will shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: Fixed Rate Term Loan Agreement (RREEF Property Trust, Inc.), Fixed Rate Term Loan Agreement (New England Realty Associates Limited Partnership), Fixed Rate Term Loan Agreement (GTJ REIT, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such the Note or such other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or a replacement of such other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: Rents and Security Agreement (Lodging Fund REIT III, Inc.), Security Agreement (Lodging Fund REIT III, Inc.), Leases and Rents and Security Agreement (Horizon Group Properties Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Mortgagee as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Mortgagor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: Credit Agreement (CBL & Associates Properties Inc), Security Agreement and Fixture (Blyth Inc), Security Agreement and Fixture (Blyth Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower will issue, in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenor.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Manufactured Housing Properties Inc.), Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Filing and Security Agreement (Manufactured Housing Properties Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Mortgagee as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Mortgagor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof thereof, as applicable, and otherwise of like tenor.
Appears in 2 contracts
Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Mortgagee as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Mortgagor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Security Agreement and Fixture (Blyth Inc), Security Agreement and Fixture (Blyth Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document document(s) which is not of public record, record and, in the case of any such destruction or mutilation, upon surrender and cancellation of such the Note or other Loan Documentdocument(s), Borrower will Parties shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Fixed Rate Term Loan Agreement (Mission West Properties Inc), Fixed Rate Term Loan Agreement (Mission West Properties Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.. Section 13.2
Appears in 2 contracts
Samples: Loan Agreement (Silver Star Properties Reit, Inc), Loan Agreement (Silver Star Properties Reit, Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, each Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Trust and Security Agreement (Ventas Inc), Mortgage and Security Agreement (Ventas Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Beneficiary as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Trust and Security Agreement (Wells Real Estate Investment Trust Inc), Trust and Security Agreement (Wells Real Estate Investment Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Payee as to the loss, theft, destruction or mutilation of the this Note or any other Loan Document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such this Note or such other Loan Document, Borrower Maker will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Mortgage Note (Acadia Realty Trust), Mortgage Note (Acadia Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Xxxxxx as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will shall issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.), Fidelity National Title Agency (TNP Strategic Retail Trust, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Agent as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Individual Borrower will issue, in lieu thereof, a replacement Note or other Loan DocumentDocument to which it was originally a party, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Agreement and Fixture Filing (Excel Trust, L.P.), Agreement and Fixture Filing (Excel Trust, L.P.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Beneficiary as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Trustor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof thereof, as applicable, and otherwise of like tenor.
Appears in 2 contracts
Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Borrowers will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 2 contracts
Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender (and appropriate indemnification from Lender reasonably acceptable to Borrower) as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Control Agreement (Media Sciences International Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of any of the Note Notes or any other Loan Document which that is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note Note, membership certificate or other Loan Document, Borrower Borrower, Sole Member, and/or Guarantor will issue, in lieu thereof, a replacement an identical Note or an identical replacement of such other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Loan Agreement (Arcimoto Inc)
Replacement Documents. Upon receipt of an affidavit (without indemnity) of an officer of Lender as to the loss, theft, destruction or mutilation of the a Note or any other Loan Credit Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Note or other Loan Credit Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Credit Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in : (i) with respect to any Loan Document other than the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentNote, Borrower will issue, in lieu thereof, a replacement Note or of such other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.tenor and 134
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Agent as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Grantor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Dixie Group Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor. -23- Exhibit 10.61 15.
Appears in 1 contract
Samples: Loan and Security Agreement
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Grantee as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower Grantor will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Rents and Security Agreement (TNP Strategic Retail Trust, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower or Maryland Owner, as applicable, will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Mortgage Loan Agreement (Ashford Hospitality Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Bank as to the loss, theft, destruction or mutilation of the Note any note or any other Loan Document security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note note or other Loan Documentsecurity document, Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document security document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender the Bank as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document which is not of public record, and, in the case of any such loss, theft, destruction, mutilation, upon surrender and cancellation of such Note or other Loan Documentsecurity document, the Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document security document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Term Loan Agreement (Vivus Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Document, in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Trust, Security Agreement (NNN Apartment REIT, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor. 15.
Appears in 1 contract
Samples: www.sec.gov
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Mortgagee as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocuments, Borrower Borrowers will issue, in lieu thereof, a replacement Note or other Loan DocumentDocuments, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document Documents in the same principal amount thereof and otherwise of like tenorcontaining substantially identical terms.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such the Note or such other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or a replacement of such other Loan Document, dated as of the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenorin the same form and substance.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Individual Borrower will issue, or cause to be issued, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower or Operator, as applicable, will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (BRE Select Hotels Corp)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.. 147
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower Borrowers will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower or Operator, as applicable, will issue, in lieu thereof, a replacement Note or other Loan DocumentDocument to which it was originally a party, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (BRE Select Hotels Corp)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Notes or any other Loan Other Security Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note Notes or other Loan Other Security Document, Borrower will issue, in lieu thereof, a replacement Note Notes or other Loan Other Security Document, dated the date of such lost, stolen, destroyed or mutilated Note Notes or other Loan Other Security Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Cubic Energy Inc
Replacement Documents. Upon receipt of an affidavit of an officer of Lender in a form reasonably acceptable to Borrower as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Security Agreement and Fixture (Moody National REIT I, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.. ARTICLE 6 -
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.. Exhibit 10.61
Appears in 1 contract
Samples: Loan and Security Agreement (Arrhythmia Research Technology Inc /De/)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender the Bank as to the loss, theft, destruction or mutilation of the Note any promissory note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note promissory note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note promissory note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Loan and Security Agreement
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Bank as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s), the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Replacement Documents. Upon receipt of an affidavit of an officer of Lender the Bank as to the loss, theft, destruction or mutilation of the Note Revolving Credit Note, any Loan Document or any other Loan Document security document(s) which is not of public record, record and, in the case of any such destruction or mutilation, upon surrender and cancellation of such Note the Revolving Credit Note, any Loan Document or other Loan Documentdocument(s) (collectively, the “Replacement Documents”), the Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.. 180
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Samples: Loan Agreement (Industrial Logistics Properties Trust)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document security document(s) which is not of public record, record and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentdocument(s) and a reasonable indemnity, the Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document document(s) in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in : (i) with respect to any Loan Document other than the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentNote, Borrower will issue, in lieu thereof, a replacement Note or of such other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.tenor and 128
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Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender Beneficiary as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to of the loss, theft, destruction or mutilation of the Note or any other Loan Document security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Documentsecurity document, Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document security document in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any of the other Loan Document Documents which is are not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such the Note or such other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of such lost, stolen, destroyed or mutilated the Note or such other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Ramco Gershenson Properties Trust
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Transaction Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Transaction Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Transaction Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Transaction Document in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor.. 110
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note Note, this Agreement or any of the other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of the Note, this Agreement or such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Documentthereof, dated the date of the Note, this Agreement or such lost, stolen, destroyed or mutilated Note or other Loan Document Document, as applicable, in the same principal amount thereof and otherwise of like tenor, and reflecting that it has been issued in replacement thereof.
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Replacement Documents. Upon receipt of an affidavit of an officer or authorized signatory of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of any of the Note or any other Loan Document Documents which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereofof it, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof of it and otherwise of like tenor.
Appears in 1 contract
Samples: Security Agreement
Replacement Documents. Upon receipt of an affidavit of an officer of Lender (together with an indemnity of Lender) as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Note or other Loan Document, Borrower will issue, in lieu thereof, a replacement Note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Taubman Centers Inc)
Replacement Documents. Upon receipt of an affidavit of an officer of Lender the Bank as to the loss, theft, destruction or mutilation of the Note or any other Loan Document an security document which is not of public record, and, in the case of any such loss, theft, destruction, mutilation, upon surrender and cancellation of such Note or other Loan Documentsecurity document, the Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note or other Loan Document security document in the same principal amount thereof and otherwise of like tenor.
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Replacement Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of the Note or any other Loan Document which is not of public record, and, in the case of any such mutilation, upon surrender and cancellation of such Note or other Loan DocumentDocument which is not of public record, Borrower will issue, in lieu thereof, a replacement Note note or other Loan Document, dated the date of such lost, stolen, destroyed or mutilated Note note or other Loan Document in the same principal amount thereof and otherwise of like tenor.
Appears in 1 contract
Samples: And Security Agreement (Roberts Realty Investors Inc)