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 Commercial Real Estate Service Attention: Mr. Xxxx Xxxxxx 000 Xxxxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC (“Borrower”) 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 you, 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: 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 warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member 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 '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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx KeyBank, as Administrative Agent for the Lenders 100 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $100,000,000 Credit Facility to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower in connection with a $100,000,000 revolving loan, (“Borrower”) hereby requests a the "Loan"), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Credit Agreement, Agreement dated as of March 24June 28, 2010 2002 (as amended or modified the "Credit Agreement") between Borrower, KeyBank and the several lenders from time to timetime parties thereto (collectively, the “"Lenders"), and KeyBank, as Administrative Agent (the "Agent"). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement”), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such "Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx EXHIBIT F FORM OF OPINION OF BORROWER'S COUNSEL ____________, 2003 KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $15,000,000 Credit Facility to Glimcher Properties Limited Partnership Ladies and Gentlemen: We have acted as counsel for the Borrower in connection with a $15,000,000 secured revolving credit facility, (“Borrower”) hereby requests a the "Loan"), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Credit Agreement, Agreement (Acquisition) dated as of March 24October ____, 2010 2003 (as amended or modified the "Credit Agreement") between Borrower, KeyBank and the several lenders from time to timetime parties thereto (collectively, the “"Lenders"), and KeyBank, as Administrative Agent (the "Agent"). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [PARTNERSHIP AGREEMENT AND CERTIFICATE OF LIMITED PARTNERSHIP] of the Parent Entities and the Guarantors (as defined in the Credit Agreement”), among Terreno Realty LLCand all such corporate and other records of the Borrower, the Lenders referenced thereinParent Entities and the Guarantors, with such declarations and agreements, and youcertificates of officers and representatives of the Borrower, the Parent Entities and the Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such "Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date G-1 KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $25,000,000 revolving loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Credit Agreement, Agreement dated as of March 24November 1, 2010 (as amended or modified from time to time, the “Credit Agreement”) between Borrower, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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 C-1 April __, 2009 KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx Association, as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX Xxxx 00000 Terreno Realty LLC (“Borrower”) hereby requests a Loan Advance pursuant to Section 2.9 of the Senior Revolving Re: Credit Agreement, Agreement dated as of March 24October 15, 2010 (2007, as amended or modified from time by a Comprehensive Amendment to timeCredit Agreement dated as of April __, 2009 (the “Credit Agreement”), by and among Terreno Realty LLCInland Western Retail Real Estate Trust, Inc., a corporation organized under the Lenders referenced thereinlaws of the State of Maryland (the Borrower”), KeyBank National Association, a national banking association, and youthe several banks, as agent for the Lenders. A Loan Advance is requested financial institutions and other entities from time to be made in the amount of $ , time parties 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: 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 warrant that all requirements of Section 4.2 of the Credit Agreement (collectively, the “Lenders”) and KeyBank National Association, not individually, but as “Administrative Agent” Ladies and Gentlemen: We have acted as special counsel to the Borrower in connection with the Credit Agreement. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Credit Agreement. We have reviewed the Credit Agreement, the Subsidiary Guaranty, the Collateral Assignment, the Account Pledge Agreement and the Notes (collectively, the “Loan Documents”). For purposes hereof, we have made certain assumptions hereinafter described without independent verification. We have also assumed, without independent verification, that there are no facts inconsistent with the assumptions hereinafter set forth. We know of no facts inconsistent with such Loan Advance assumptions, but we have been satisfied at not conducted an independent investigation or verification. The opinion set forth herein is qualified as stated herein and is qualified further by the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Itsfollowing:
Appears in 1 contract
Samples: Credit Agreement (Inland Western 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. Date , 200 KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $150,000,000 Term Loan to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $150,000,000 loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving Credit Agreement, that certain Amended and Restated Term Loan Agreement dated as of March 24June , 2010 (as amended or modified the “Loan Agreement”) between Borrower, KeyBank National Association and the several lenders from time to timetime parties thereto (collectively, the “Credit AgreementLenders”), among Terreno Realty LLC. In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the Lenders referenced therein[partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Loan Agreement), and youall such corporate and other records of the Borrower and the Subsidiary Guarantors, with such declarations and agreements, and certificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date Date: KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx Capital 000 Xxxxxx 000 Xxxxxxxx, 0xx Xxxxx Xxxxxx XX-00-00-0000 Xxxxxxxxx, XX 00000 Terreno Realty LLC (“Borrower”) Inland Retail Real Estate Trust, Inc. hereby requests a Loan Advance pursuant to Section 2.9 of the Senior Revolving Second Amended and Restated Credit Agreement, dated as of March 24May __, 2010 2005 (as amended or modified from time to time, the “Credit Agreement”), among Terreno Realty LLCInland Retail Real Estate Trust, Inc., Inland Retail Real Estate Limited Partnership, the Lenders referenced therein, and you, as agent Agent for the Lenders. A Loan An Advance is requested to be made in the amount of $ $__________, to be made on _____________. Such Loan Advance shall be a [LIBORSwingline Rate Advance] [Base RateFloating 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, Terreno Realty LLC Inland Retail Real Estate Trust, Inc. hereby represents and warrants to the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower 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 Loan Advance have been satisfied at the time such proceeds are disbursed. Date:_________________________________ For Borrowers: Borrower: TERRENO REALTY LLCInland Retail Real Estate Trust, a Delaware limited liability company Inc. By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: _________________________________ Name: _________________________________ Its:: _________________________________ This Amendment to Credit Agreement (the “Agreement”) is made as of , , by and among Inland Retail Real Estate Trust, Inc. and Inland Retail Real Estate Limited Partnership (collectively, the “Borrowers”), KeyBank National Association, individually and as “Agent,” and one or more [new] [existing] “Lenders” shown on the signature pages hereof.
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 '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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx EXHIBIT F FORM OF OPINION OF BORROWER'S COUNSEL ____________, 2003 KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $150,000,000 Credit Facility to Glimcher Properties Limited Partnership Ladies and Gentlemen: We have acted as counsel for the Borrower in connection with a $150,000,000 secured revolving credit facility, (“Borrower”) hereby requests a the "Loan"), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Credit Agreement, Agreement dated as of March 24October ____, 2010 2003 (as amended or modified the "Credit Agreement") between Borrower, KeyBank and the several lenders from time to timetime parties thereto (collectively, the “"Lenders"), and KeyBank, as Administrative Agent (the "Agent"). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [PARTNERSHIP AGREEMENT AND CERTIFICATE OF LIMITED PARTNERSHIP] of the Parent Entities and the Guarantors (as defined in the Credit Agreement”), among Terreno Realty LLCand all such corporate and other records of the Borrower, the Lenders referenced thereinParent Entities and the Guarantors, with such declarations and agreements, and youcertificates of officers and representatives of the Borrower, the Parent Entities and the Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such "Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx KeyBank, as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $100,000,000 Credit Facility to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower in connection with a $100,000,000 revolving loan, (“Borrower”) hereby requests a the "Loan"), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Amended and Restated Credit Agreement, Agreement dated as of March 24May 2, 2010 2003 (as amended or modified the "Credit Agreement") between Borrower, KeyBank and the several lenders from time to timetime parties thereto (collectively, the “"Lenders"), and KeyBank, as Administrative Agent (the "Agent"). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylawsof the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement”), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such "Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $150,000,000 Credit Facility to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $150,000,000 revolving loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Fourth Amended and Restated Credit Agreement, Agreement dated as of March 24June ___, 2010 (as amended or modified from time to time, the “Credit Agreement”) between Borrower, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx Association, as Administrative Agent for the Lenders 120 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX Xxxx 00000 Terreno Realty LLC (“Borrower”) hereby requests a Loan Advance pursuant to Section 2.9 of the Senior Revolving Re: Amended and Restated Credit Agreement, Agreement dated as of March 24February 4, 2010 2011 (as amended or modified from time to time, the “Credit Agreement”) by and among Inland Western Retail Real Estate Trust, Inc., a corporation organized under the laws of the State of Maryland (the “Borrower”), among Terreno Realty LLCKeyBank National Association, the Lenders referenced thereina national banking association, and youthe several banks, as agent for the Lenders. A Loan Advance is requested financial institutions and other entities from time to be made in the amount of $ , time parties 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: 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 warrant that all requirements of Section 4.2 of the Credit Agreement (collectively, the “Lenders”) and KeyBank National Association, not individually, but as “Administrative Agent” Ladies and Gentlemen: We have acted as special counsel to the Borrower and the guarantors identified on Schedule 1, attached hereto and incorporated herein (each a “Subsidiary Guarantor”, and collectively the “Subsidiary Guarantors”), in connection with the Credit Agreement. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Credit Agreement. We have reviewed the Credit Agreement, the Subsidiary Guaranty and the Notes (collectively, the “Loan Documents”). For purposes hereof, we have made certain assumptions hereinafter described without independent verification. We have also assumed, without independent verification, that there are no facts inconsistent with the assumptions hereinafter set forth. We know of no facts inconsistent with such Loan Advance assumptions, but we have been satisfied at not conducted an independent investigation or verification. The opinion set forth herein is qualified as stated herein and is qualified further by the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Itsfollowing:
Appears in 1 contract
Samples: Credit Agreement (Inland Western 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. Date G-11 KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $155,000,000 revolving loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Third Amended and Restated Credit Agreement, Agreement dated as of March 24April 21, 2010 2008 (as amended or modified from time to time, the “Credit Agreement”) between Borrower, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX Xxxx 00000 Terreno Realty Re: $40,000,000 Term Loan to Glimcher Northtown Venture, LLC and GB Northtown, LLC (collectively , the “Borrower”) hereby requests 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 Advance is being made pursuant to Section 2.9 of the Senior Revolving Credit Agreement, that certain Term Loan Agreement dated as of March 24October __, 2010 2008 (as amended or modified the “Loan Agreement”) among Borrower, Guarantor, KeyBank National Association and the several lenders from time to timetime parties thereto (collectively, the “Credit AgreementLenders”), among Terreno Realty LLCand KeyBank National Association, as Administrative Agent (the Lenders referenced therein“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 youArticles of Incorporation and Bylaws of the general partner of the Guarantor, acting on behalf of the Guarantor individually and in its capacity as agent 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 Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $150,000,000 Credit Facility to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower in connection with a $150,000,000 revolving loan, (“Borrower”) hereby requests a the "Loan"), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Second Amended and Restated Credit Agreement, Agreement dated as of March 24April __, 2010 2005 (as amended or modified the "Credit Agreement") between Borrower, KeyBank National Association and the several lenders from time to timetime parties thereto (collectively, the “"Lenders"). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylawsof the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement”), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such "Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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. Date EXHIBIT F UPDATE TO OPINION OF BORROWER'S COUNSEL [See Attached] EXHIBIT G BORROWING NOTICE Date: KeyBank National Association Commercial Real Estate Service Capital Attention: Mr. Xxxx Xxxxx X'Xxxxxx 000 Xxxxxx 000 Xxxxxxxx, 0xx Xxxxx Xxxxxx XX-00-00-0000 Xxxxxxxxx, XX 00000 Terreno Realty LLC (“Borrower”) Inland Retail Real Estate Trust, Inc. hereby requests a Loan Advance pursuant to Section 2.9 of the Senior Revolving Amended and Restated Credit Agreement, dated as of March 24May __, 2010 2004 (as amended or modified from time to time, the “"Credit Agreement”"), among Terreno Realty LLCInland Retail Real Estate Trust, Inc., Inland Retail Real Estate Limited Partnership, the Lenders referenced therein, and you, as agent Agent for the Lenders. A Loan An Advance is requested to be made in the amount of $ $__________, to be made on _____________. Such Loan Advance shall be a [LIBORSwingline Rate Advance] [Base RateFloating 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, Terreno Realty LLC Inland Retail Real Estate Trust, Inc. hereby represents and warrants to the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower 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 Loan Advance have been satisfied at the time such proceeds are disbursed. Date:_________________________________ For Borrowers: Borrower: TERRENO REALTY LLCInland Retail Real Estate Trust, a Delaware limited liability company Inc. By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: _________________________________ Name: ______________________________ Its:: _________________________________ This Amendment to Credit Agreement (the "Agreement") is made as of , , by and among Inland Retail Real Estate Trust, Inc. and Inland Retail Real Estate Limited Partnership (collectively, the "Borrowers"), 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 other Lenders have entered into an Amended and Restated Credit Agreement dated as of May __, 2004 (as amended, the "Credit Agreement"). All capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Credit Agreement.
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. Date G-1 KeyBank National Association Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $105,000,000 revolving loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain First Amended and Restated Credit Agreement, Agreement dated as of March 24____________, 2010 2012 (as amended or modified from time to time, the “Credit Agreement”) between Borrower, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its: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 Commercial Real Estate Service Attention: Mr. Xxxx as Administrative Agent for the Lenders 000 Xxxxxx 000 XxxxxxxxXxxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000 Terreno Realty LLC Xxxx Re: $175,000,000 Credit Facility to Inland Real Estate Corporation Ladies and Gentlemen: We have acted as counsel for the Borrower and the Subsidiary Guarantors in connection with a $175,000,000 revolving loan, (the “BorrowerLoan”) hereby requests a ), which Loan Advance is being made pursuant to Section 2.9 of the Senior Revolving that certain Fifth Amended and Restated Credit Agreement, Agreement dated as of March 24August ___, 2010 2012 (as amended or modified from time to time, the “Credit Agreement”) between Borrower, KeyBank National Association and the several lenders from time to time parties thereto (collectively, the “Lenders”). In connection with the Loan we have been furnished with originals or copies certified to our satisfaction of the Articles of Incorporation and Bylaws of the Borrower, the [partnership agreement and certificate of limited partnership] of the Subsidiary Guarantors (as defined in the Credit Agreement), among Terreno Realty LLCand all such corporate and other records of the Borrower and the Subsidiary Guarantors, the Lenders referenced thereinwith such declarations and agreements, and youcertificates of officers and representatives of the Borrower and the Subsidiary Guarantors, and with such other documents, and we have made such other examinations and investigations as agent we have deemed necessary as a basis for the Lendersopinions expressed below. A Loan Advance is requested to be made in We have examined 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 originals of the requested loan shall be directed following documents, each of which is addressed to the following account: Wiring Instructions: Lender or to which the Lender is a party (Bank Name) (ABA No.) (Beneficiary) (Account No. all of which are sometimes collectively referred to Credit) (Notification Requirement) In support of this request, Terreno Realty LLC hereby represents and warrants to as the Agent and the Lenders that acceptance of the proceeds of such loan by Borrower shall be deemed to further represent and warrant that all requirements of Section 4.2 of the Credit Agreement in connection with such “Loan Advance have been satisfied at the time such proceeds are disbursed. Date: Borrower: TERRENO REALTY LLC, a Delaware limited liability company By: TERRENO REALTY CORPORATION, a Maryland corporation, its sole member By: Name: Its:Documents”):
Appears in 1 contract