Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Ladies and Gentlemen: We have acted as counsel for Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 secured term loan to Borrower, (the “Loan”), which Loan is being made pursuant to that certain Term Loan Agreement dated as of October __, 2008 (the “Loan Agreement”) among Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner of the Guarantor, acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor and such general partner, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantor, with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association EXHIBIT F FORM OF OPINION OF BORROWER'S COUNSEL ____________, 2003 KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 150,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Properties Limited Partnership Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 150,000,000 secured term loan to Borrowerrevolving credit facility, (the “"Loan”"), which Loan is being made pursuant to that certain Term Loan Credit Agreement dated as of October ____, 2008 2003 (the “Loan "Credit Agreement”") among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “"Lenders”"), and KeyBank National AssociationKeyBank, as Administrative Agent (the “"Agent”"). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [PARTNERSHIP AGREEMENT AND CERTIFICATE OF LIMITED PARTNERSHIP] of the GuarantorParent Entities and the Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor the Parent Entities and such general partnerthe Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower Borrower, the Parent Entities and Guarantorthe Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “"Loan Documents”"):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 150,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower150,000,000 revolving loan, (the “Loan”), which Loan is being made pursuant to that certain Term Loan Fourth Amended and Restated Credit Agreement dated as of October June ___, 2008 2010 (the “Loan Credit Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association KeyBank, as Administrative Agent for the Lenders 000 100 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 100,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 secured term loan to Borrower100,000,000 revolving loan, (the “"Loan”"), which Loan is being made pursuant to that certain Term Loan Credit Agreement dated as of October __June 28, 2008 2002 (the “Loan "Credit Agreement”") among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “"Lenders”"), and KeyBank National AssociationKeyBank, as Administrative Agent (the “"Agent”"). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “"Loan Documents”"):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. G-11 KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower155,000,000 revolving loan, (the “Loan”), which Loan is being made pursuant to that certain Term Loan Third Amended and Restated Credit Agreement dated as of October __April 21, 2008 (the “Loan Credit Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 100,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 secured term loan to Borrower100,000,000 revolving loan, (the “"Loan”"), which Loan is being made pursuant to that certain Term Loan Amended and Restated Credit Agreement dated as of October __May 2, 2008 2003 (the “Loan "Credit Agreement”") among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “"Lenders”"), and KeyBank National AssociationKeyBank, as Administrative Agent (the “"Agent”"). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws Bylawsof the Borrower, the [partnership agreement and certificate of limited partnership] of the general partner of Subsidiary Guarantors (as defined in the GuarantorCredit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “"Loan Documents”"):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. EXHIBIT F UPDATE TO OPINION OF BORROWER'S COUNSEL [See Attached] EXHIBIT G BORROWING NOTICE Date: KeyBank National Association Real Estate Capital Attention: Xxxxx X'Xxxxxx 000 Xxxxxx Xxxxxx XX-00-00-0000 Xxxxxxxxx, XX 00000 Inland Retail Real Estate Trust, Inc. hereby requests a Loan Advance pursuant to Section 2.9 of the Amended and Restated Credit Agreement, dated as Administrative of May __, 2004 (as amended or modified from time to time, the "Credit Agreement"), among Inland Retail Real Estate Trust, Inc., Inland Retail Real Estate Limited Partnership, the Lenders referenced therein, and you, as Agent for the Lenders. An Advance is requested to be made in the amount of $__________, to be made on _____________. Such Advance shall be a [Swingline Rate Advance] [Floating Rate Advance] [Fixed Rate Advance]. [The applicable LIBOR Interest Period shall be _____________.] The proceeds of the requested loan shall be directed to the following account: Wiring Instructions: (Bank Name) (ABA No.) (Beneficiary) (Account No. to Credit) (Notification Requirement) In support of this request, Inland Retail Real Estate Trust, Inc. hereby represents and warrants to the Agent and the Lenders 000 Xxxxxx Xxxxxxthat acceptance of the proceeds of such loan by the Borrowers shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such Advance have been satisfied at the time such proceeds are disbursed. Date:_________________________________ For Borrowers: Inland Retail Real Estate Trust, 0xx Xxxxx XxxxxxxxxInc. By: _________________________________ Name: ______________________________ Its: _________________________________ This Amendment to Credit Agreement (the "Agreement") is made as of , Xxxx 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC by and GB Northtownamong Inland Retail Real Estate Trust, LLC (collectively , the “Borrower”) Ladies Inc. and Gentlemen: We have acted as counsel for Borrower and Glimcher Properties Inland Retail Real Estate Limited Partnership (“Guarantor”) in connection with a $40,000,000 secured term loan to Borrowercollectively, (the “Loan”"Borrowers"), which Loan is being made pursuant to that KeyBank National Association, individually and as "Agent," and one or more [new] [existing] "Lenders" shown on the signature pages hereof. A. Borrowers, Agent and certain Term Loan other Lenders have entered into an Amended and Restated Credit Agreement dated as of October May __, 2008 2004 (the “Loan Agreement”) among Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectivelyas amended, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”"Credit Agreement"). All capitalized terms used herein and not otherwise defined shall have the meanings ascribed given to them in the Loan Credit Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner of the Guarantor, acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor and such general partner, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantor, with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):.
Appears in 1 contract
Samples: Credit Agreement (Inland Retail Real Estate Trust Inc)
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. G-1 KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower25,000,000 revolving loan, (the “Loan”), which Loan is being made pursuant to that certain Term Loan Credit Agreement dated as of October __November 1, 2008 2010 (the “Loan Credit Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Samples: Credit Agreement (Inland Diversified Real Estate Trust, Inc.)
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association EXHIBIT F FORM OF OPINION OF BORROWER'S COUNSEL ____________, 2003 KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 15,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Properties Limited Partnership Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 15,000,000 secured term loan to Borrowerrevolving credit facility, (the “"Loan”"), which Loan is being made pursuant to that certain Term Loan Credit Agreement (Acquisition) dated as of October ____, 2008 2003 (the “Loan "Credit Agreement”") among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “"Lenders”"), and KeyBank National AssociationKeyBank, as Administrative Agent (the “"Agent”"). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [PARTNERSHIP AGREEMENT AND CERTIFICATE OF LIMITED PARTNERSHIP] of the GuarantorParent Entities and the Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor the Parent Entities and such general partnerthe Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower Borrower, the Parent Entities and Guarantorthe Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “"Loan Documents”"):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s 's exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s 's innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 150,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) in connection with a $40,000,000 secured term loan to Borrower150,000,000 revolving loan, (the “"Loan”"), which Loan is being made pursuant to that certain Term Loan Second Amended and Restated Credit Agreement dated as of October April __, 2008 2005 (the “Loan "Credit Agreement”") among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “"Lenders”"), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws Bylawsof the Borrower, the [partnership agreement and certificate of limited partnership] of the general partner of Subsidiary Guarantors (as defined in the GuarantorCredit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “"Loan Documents”"):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. , 200 KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 150,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower150,000,000 loan, (the “Loan”), which Loan is being made pursuant to that certain Amended and Restated Term Loan Agreement dated as of October __June , 2008 2010 (the “Loan Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Loan Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. G-1 KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower105,000,000 revolving loan, (the “Loan”), which Loan is being made pursuant to that certain Term Loan First Amended and Restated Credit Agreement dated as of October ____________, 2008 2012 (the “Loan Credit Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
Samples: Credit Agreement (Inland Diversified Real Estate Trust, Inc.)
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. Date KeyBank National Association as Administrative Agent for the Lenders Commercial Real Estate Service Attention: Mr. Xxxx Xxxxxx 000 Xxxxxx XxxxxxXxxxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx XX 00000 Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, Terreno Realty LLC (collectively , the “Borrower”) Ladies hereby requests a Loan Advance pursuant to Section 2.9 of the Senior Revolving Credit Agreement, dated as of March 24, 2010 (as amended or modified from time to time, the “Credit Agreement”), among Terreno Realty LLC, the Lenders referenced therein, and Gentlemenyou, as agent for the Lenders. A Loan Advance is requested to be made in the amount of $ , to be made on . Such Loan Advance shall be a [LIBOR] [Base Rate] Advance. [The applicable LIBOR Interest Period shall be .] The proceeds of the requested loan shall be directed to the following account: We have acted as counsel for Wiring Instructions: (Bank Name) (ABA No.) (Beneficiary) (Account No. to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and Glimcher Properties Limited Partnership (“Guarantor”) warrant that all requirements of Section 4.2 of the Credit Agreement in connection with a $40,000,000 secured term loan to Borrower, (the “Loan”), which such Loan is being made pursuant to that certain Term Loan Agreement dated as of October __, 2008 (the “Loan Agreement”) among Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we Advance have been furnished with originals or copies certified to our satisfaction of satisfied at the operating agreementstime such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, partnership agreements and certificates of a Delaware limited partnershipliability company By: TERRENO REALTY CORPORATION, and Articles of Incorporation and Bylaws of the general partner of the Guarantora Maryland corporation, acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor and such general partner, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantor, with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):By: Name: Its:
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Terreno Realty Corp)
Report. The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property. The site reconnaissance involves physical observation of the property’s exterior and interior, as well as an observation of adjoining properties. Interviews with previous and current owners and occupants, and local government officials provides insight into the presence or absence of recognized environmental conditions in connection with the property. The final component of the ESA, the report, contains the findings of the ESA and conclusions regarding the presence or absence of recognized environmental conditions in connection with the property. It includes documentation to support the analysis, opinions, and conclusions found in the report. While the use of this practice is intended to constitute appropriate inquiry for purposes of CERCLA’s innocent landowner defense, it is not intended that its use be limited to that purpose. The ASTM standard is intended to be an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property, and environmental site assessments. KeyBank National Association as Administrative Agent for the Lenders 000 Xxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxx, Xxxx 00000 Re: $40,000,000 Term Loan 175,000,000 Credit Facility to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and Glimcher Properties Limited Partnership (“Guarantor”) the Subsidiary Guarantors in connection with a $40,000,000 secured term loan to Borrower175,000,000 revolving loan, (the “Loan”), which Loan is being made pursuant to that certain Term Loan Fifth Amended and Restated Credit Agreement dated as of October August ___, 2008 2012 (the “Loan Credit Agreement”) among between Borrower, Guarantor, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”), and KeyBank National Association, as Administrative Agent (the “Agent”). All capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the operating agreements, partnership agreements and certificates of limited partnership, and Articles of Incorporation and Bylaws of the general partner Borrower, the [partnership agreement and certificate of limited partnership] of the GuarantorSubsidiary Guarantors (as defined in the Credit Agreement), acting on behalf of the Guarantor individually and in its capacity as the sole member of the Borrower and all such corporate and other records of the Borrower, Guarantor Borrower and such general partnerthe Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and Guarantorthe Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as we have deemed necessary as a basis for the opinions expressed below. We have examined the originals of the following documents, each of which is addressed to the Lender or to which the Lender is a party (all of which are sometimes collectively referred to as the “Loan Documents”):
Appears in 1 contract
