Common use of Restoration Clause in Contracts

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 5 contracts

Sources: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Moody National REIT II, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 4 contracts

Sources: Loan Agreement (Strategic Storage Trust, Inc.), Loan Agreement (Gladstone Commercial Corp), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be paid to Lender and disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.3(c) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than $250,000.00, the Availability Threshold, Net Proceeds shall be paid to Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.3. The term “Net Proceeds” for purposes of this Section 6.4 means6.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) Article VI as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 4 contracts

Sources: Loan Agreement (Joby Aviation, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, and provided no Event of Default is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Medalist Diversified REIT, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,500,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,500,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,500,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$2,500,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Gladstone Commercial Corp), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Manufactured Home Communities Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Alteration Threshold and with respect to the costs of completing the Restoration shall be less than the Availability Thresholdaffected Individual Property, the Net Proceeds shall will be disbursed by Lender to Borrower promptly upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Alteration Threshold or with respect to the costs of completing affected Individual Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds Insurance Proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”)expenses, or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Loan Agreement, Loan Agreement (Terra Tech Corp.), Loan Agreement (Terra Tech Corp.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 3 contracts

Sources: Commercial Loan Agreement (Red Oak Capital Fund IV, LLC), Commercial Loan Agreement (Red Oak Capital Fund IV, LLC), Commercial Loan Agreement (Red Oak Capital Fund IV, LLC)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Alteration Threshold for such Individual Property and the costs of completing the Restoration shall be less than the Availability ThresholdAlteration Threshold for such Individual Property, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Alteration Threshold for such Individual Property or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Alteration Threshold for such Individual Property Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability greater of (i) five percent (5%) of the Allocated Loan Amount of such Individual Property and (ii) $2,000,000.00 (the “Threshold Amount”), and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than $750,000.00 (the Availability Threshold Amount”), and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Three Hundred Thousand and No/100 Dollars ($300,000) and the costs of completing the Restoration shall be less than the Availability ThresholdThree Hundred Thousand and No/100 Dollars ($300,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Three Hundred Thousand and No/100 Dollars ($300,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Three Hundred Thousand and No/100 Dollars ($300,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.3. The term "Net Proceeds" for purposes of this Section 6.4 means5.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Lasalle Hotel Properties), Loan Agreement (Lasalle Hotel Properties)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof below are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, then in either case Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (ix) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iiy) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Hundred Thousand and 00/100 Dollars ($100,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Hundred Thousand and 00/100 Dollars ($100,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Hundred Thousand and 00/100 Dollars ($100,000.00) or the costs of completing the Restoration are equal to or greater than the Availability Threshold, One Hundred Thousand and 00/100 Dollars ($100,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term "Net Proceeds" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Cole Credit Property Trust II Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and 00/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Million and 00/100 Dollars ($1,000,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,500,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,500,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,500,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$2,500,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of and Borrower shall apply the conditions Net Proceeds to restore the Property, without the restrictions, conditions, or requirements set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement.Sections 6.4(b).. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (Moody National REIT I, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the an Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to the related Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and the related Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and No/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00), or the costs of completing the Restoration are is equal to or greater than One Million and No/100 Dollars ($1,000,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $200,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$200,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $200,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $200,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Global Income Trust, Inc.), Loan Agreement (Global Income Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, one percent (1%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers deliver to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, one percent (1%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/lOO Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term "Net Proceeds" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Material Event Threshold and the costs of completing the Restoration shall be less than the Availability Material Event Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, ; provided that all no Event of the conditions set forth in Section 6.4(b)(i) hereof are met Default is then continuing and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Material Event Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Material Event Threshold Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall (i) if the same are paid by the insurance company directly to Borrower, may be retained by Borrower or (ii) if the same are paid by the insurance company to Lender, will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdThreshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixSection 6.1(a)(ix) and (xSection 6.1(a)(xi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $5,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$5,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $5,000,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$5,000,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

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

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If The Net Proceeds shall be delivered by Lender to Borrower upon receipt if (x) the Net Proceeds shall be less than the Availability Threshold $2,500,000 and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt$2,500,000, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement, or (y) the applicable Individual Property is released in accordance with Section 2.5.2 above or Borrower effectuates a Property Substitution with respect to the applicable Individual Property. (b) If the conditions for delivery of the Net Proceeds are equal to or greater than Borrower set forth in Section 6.4(a) above have not been satisfied, the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by ▇▇▇▇▇▇ and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable and documented costs and expenses (including including, but not limited to, reasonable and documented counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable and documented costs and expenses (including including, but not limited to, reasonable and documented counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration Restoration, subject to the requirements of the Property:Condominium Documents (but subject to the rights of Lender under the Condominium Documents and the Condominium Proxy): (a) If the Net Proceeds shall be $5,000,000 or less than the Availability Threshold and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than $5,000,000, the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), (vi), (ix) and (xxi) as a result of such damage or destructiona Casualty, after deduction of its Lender’s reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Alexanders Inc), Loan Agreement (Alexanders Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Two Million and No/100 Dollars ($2,000,000) and the costs of completing the Restoration shall be less than the Availability ThresholdTwo Million and No/100 Dollars ($2,000,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Two Million and No/100 Dollars ($2,000,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Two Million and No/100 Dollars ($2,000,000) Lender shall make the Net Proceeds available for the Restoration in accordance with provided that each of the provisions conditions of this Section 6.46.4(b)(i) are satisfied. The term "Net Proceeds" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1​(a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold $15,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$15,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $15,000,000 or the costs cost of completing the Restoration are is equal to or greater than $15,000,000, the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvii), (x) and (xxi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 2 contracts

Sources: Loan Agreement (Caesars Acquisition Co), Loan Agreement (Harrahs Entertainment Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Clipper Realty Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and 00/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and 00/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Million and 00/100 Dollars ($1,000,000.00) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Republic Property Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Applicable Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdApplicable Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Applicable Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Applicable Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (iy) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, actually incurred in collecting same (“Insurance Proceeds”), or (iiz) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, actually incurred in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Gramercy Capital Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds (defined below) shall be less than the Availability Threshold $4,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$4,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection 4.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $4,000,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold$4,000,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.44.4. The term “Net Proceeds” "NET PROCEEDS" for the purposes of this Section 6.4 means4.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsections 3.3(a)(i), (iv), (ixvi), (vii), (viii) and and, as applicable, (x) of this Security Instrument as a result of such damage or destruction, after deduction of its the reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in of collecting the same (“Insurance Proceeds”), "INSURANCE PROCEEDS") or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), "CONDEMNATION PROCEEDS") whichever the case may be.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Alexanders Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.4(b)(i)(A), (B), (E), (F), (G), (I), (J), and (K) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sun Communities Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term "Net Proceeds" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Grove Property Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of an Expropriation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Expropriation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Koger Equity Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable outside counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable outside counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Ashworth Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.reasonable

Appears in 1 contract

Sources: Loan Agreement (CaliberCos Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than five percent (5%) of the Availability Threshold Allocated Loan Amount for the affected Individual Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than five percent (5%) of the Availability Threshold or Allocated Loan Amount for the costs of completing affected Individual Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Clipper Realty Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdThreshold Amount, the Net Proceeds shall (i) if the same are paid by the insurance company directly to Borrower, may be retained by Borrower or (ii) if the same are paid by the insurance company to Lender, will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdThreshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixSection 6.1(a)(ix) and (xSection 6.1(a)(xi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Brixmor Property Group Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $300,000 and the costs of completing the Restoration shall be less than the Availability Threshold$300,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $300,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$300,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (American Assets Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, two percent (2%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers and Operating Lessees deliver to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, two percent (2%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Restoration. The following provisions shall apply in connection with the . Restoration of the any Individual Property: (a) 5.3.1 If the Net Proceeds for such Individual Property shall be less than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) and the costs of completing the Restoration for such Individual Property shall be less than the Availability ThresholdOne Hundred Thousand and No/100 Dollars ($100,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) 5.3.2 If the Net Proceeds for such Individual Property are equal to or greater than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) or the costs of completing the Restoration are for such Individual Property is equal to or greater than the Availability Threshold, One Hundred Thousand and No/100 Dollars ($100,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.3. The term "Net Proceeds" for purposes of this Section 6.4 means5.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Equity Inns Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $200,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$200,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection 4.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $200,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$200,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4Subsection (b). The term "Net Proceeds" for purposes of this Section 6.4 means4.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsections 3.3(b)(i), (iv), (ixvi) and (xvii) of this Security Instrument as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Awardall awards and payments received by Lender with respect to a taking referenced in Section 3.6 of this Security Instrument, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Wellsford Real Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Hundred Thousand and 00/100 Dollars ($100,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdOne Hundred Thousand and 00/100 Dollars ($100,000.00), Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iclauses (a)(i), (iv), (ixvi), (vii), (viii) and (xix) of Exhibit A as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable including, but not limited to, counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable including, but not limited to, counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (reAlpha Tech Corp.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Allocated Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdAllocated Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all no Event of the conditions set forth in Section 6.4(b)(i) hereof are met Default exists and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Allocated Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdAllocated Threshold Amount, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sabre Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of and Borrower shall apply the conditions Net Proceeds to restore the Property, without the restrictions, conditions, or requirements set forth in Section 6.4(b)(iSections 6.4(b) hereof are met and Borrower delivers shall reasonably cooperate with Lender and its representatives to provide Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence verification that the Restoration in accordance with the terms of this Agreementhas been completed. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

Restoration. The Subject to the provisions of the Ground Lease ----------- and the ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Tenancy Agreement (as defined in the Loan Agreement) as applicable, the following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection 4.3(b)(i) hereof are met and Borrower delivers to Lender (i) a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument and (ii) a monthly accounting of all payments, costs and expenditures made by Borrower in connection with the Restoration. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $250,000 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4Subsection 4.3(b). The term "Net Proceeds" for purposes of this Section 6.4 means4.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsection 5.03(b)(i), (iv), (ixvi) and (xvii) of the Loan Agreement as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Awardall awards and payments received by Lender with respect to a taking referenced in Section 3.6 of this Security Instrument, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Agreement of Spreader, Consolidation and Modification of Mortgage (Sl Green Realty Corp)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $1,000,000 and the costs of completing the Restoration shall be less than the Availability Threshold$1,000,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $1,000,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$1,000,000, Lender shall make the Net Proceeds available for the Restoration subject to the conditions of and in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable and documented out-of-pocket costs and expenses (including reasonable counsel feesfees for outside counsel), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable and documented out-of-pocket costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (City Office REIT, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Capitalsource Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a1) If the Net Proceeds shall be less than the Availability Threshold Funds Release Limit, and the costs of completing the Restoration shall be less than the Availability ThresholdFunds Release Limit, the such Net Proceeds shall will be disbursed by Lender the Administrative Agent to the applicable Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.3(2)(i) hereof are met and such Borrower delivers to Lender the Administrative Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b2) If the Net Proceeds are equal to or greater than the Availability Threshold Funds Release Limit or the costs cost of completing the Restoration are is equal to or greater than the Availability ThresholdFunds Release Limit, Lender the Administrative Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.43.3. The term “Net Proceeds” for purposes of this Section 6.4 means3.3 shall mean: (ia) the net amount of all insurance proceeds received by Lender the Administrative Agent pursuant to Section 6.1(a)(i3.1 (1)(a), (iv), (ixd) and (xf) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iib) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sunstone Hotel Investors, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Net Proceeds Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdNet Proceeds Threshold Amount, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Net Proceeds Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdNet Proceeds Threshold Amount, the Net Proceeds shall be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Eagle Hospitality Properties Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (United Realty Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Million and No/100 Dollars ($1,000,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Million and No/100 Dollars ($1,000,000.00) or the costs of completing the Restoration are is equal to or greater than One Million and No/100 Dollars ($1,000,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Cousins Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $500,000.00 and the costs of completing the Restoration shall be less than $500,000.00, or if Borrower is required to restore the Availability ThresholdProperty pursuant to the terms of the FedEx Lease, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i6.4(b)(i)(A), (D), (G), (H) and (I) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $500,000.00 or the costs of completing the Restoration are is equal to or greater than $500,000.00, or if Borrower is required to restore the Availability ThresholdProperty pursuant to the terms of the FedEx Lease, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (RREEF Property Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Ten Million and No/100 Dollars ($10,000,000) and the costs of completing the Restoration shall be less than the Availability ThresholdTen Million and No/100 Dollars ($10,000,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof (other than in subclauses (E), (F), (J) and (K) thereof) are met (or will, by completion of the Restoration, be satisfied) and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Ten Million and No/100 Dollars ($10,000,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Ten Million and No/100 Dollars ($10,000,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (vi), (ix), (x) and (xxi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Taubman Centers Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold and the costs of completing the Restoration shall be less than the Availability Threshold, the Net Proceeds shall be disbursed by Lender to Borrower upon receipt, provided that all of and Borrower shall apply the conditions Net Proceeds to restore the Property, without the restrictions, conditions, or requirements set forth in Section 6.4(b)(iSections 6.4(b) hereof are met and Borrower delivers shall reasonably cooperate with Lender and its representatives to provide Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence verification that the Restoration in accordance with the terms of this Agreementhas been completed. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 means: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x6.1(a) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

Restoration. The following provisions shall apply in connection with the Restoration of the any Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (ii), (iii)(B), (iv), (ix) and and, if applicable, (xxi) as a result of such damage or destruction, after deduction of its the reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its the reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.. 71

Appears in 1 contract

Sources: Loan Agreement (Amerco /Nv/)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold One Million and the costs No/100 Dollars ($1,000,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than One Million and No/100 Dollars ($1,000,000), the Availability Threshold Net Proceeds will be held by Lender (either in its capacity as Lender or as Insurance Trustee under the costs of completing the Restoration are equal to or greater than the Availability Threshold, Condominium Declaration) and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii) (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Strategic Hotels & Resorts, Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the each individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $150,000 and the costs of completing the Restoration shall be less than the Availability Threshold$150,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementAgreement to the extent obligated under the applicable Lease. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $150,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$150,000, Lender shall make the Net Proceeds available for the Restoration subject to the conditions of and in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Consolidated Tomoka Land Co)

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Restoration: (a) If the Net Proceeds shall be less than the Availability Casualty Threshold and the costs of completing the Restoration shall be less than the Availability Casualty Threshold, the Net Proceeds shall will be disbursed by Lender Agent to Borrower upon receipt, ; provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Casualty Threshold, but less than twenty percent (20%) of the original principal balance of the Loan or the costs of completing the Restoration are is equal to or greater than the Availability Casualty Threshold, Lender but less than twenty percent (20%) of the original principal balance of the Loan, the Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i), (iv), (vi), (ix), (x) and (xxi) as a result of such damage or destruction, after deduction of its Agent’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Agent’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and the costs No/100 Dollars ($500,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i1) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii2) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Strategic Hotels & Resorts, Inc)

Restoration. The following provisions shall apply in connection with the Restoration (but, in the case of the Waterfront Property:, subject to the terms of the Ground Lease): (a) If the Net Proceeds shall be less than than, with respect to the Availability Threshold affected Property, one percent (1%) of the Allocated Loan Amount for such Property, and the costs provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Agent to Borrower Borrowers upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers Borrowers deliver to Lender Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence and in a good and workmanlike manner the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than than, with respect to the Availability Threshold or affected Property, one percent (1%) of the costs of completing Allocated Loan Amount for such Property, the Restoration are equal to or greater than the Availability Threshold, Lender Net Proceeds will be held by Agent and Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Agent pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iii), (iv), and (ixvi) and (xSection 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Pacific Office Properties Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (New Plan Excel Realty Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i7.1.3(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.47.1.3. The term "Net Proceeds" for purposes of this Section 6.4 means7.1.3 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i7.1.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Horizon Group Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) and the costs of completing the Restoration shall be less than the Availability ThresholdOne Hundred Thousand and No/100 Dollars ($100,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence diligence, or cause the applicable Master Tenant to expeditiously commence and to satisfactorily complete with due diligence, the Restoration in accordance with the terms of this AgreementAgreement and the Master Lease. (b) If the Net Proceeds are equal to or greater than the Availability Threshold One Hundred Thousand and No/100 Dollars ($100,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, One Hundred Thousand and No/100 Dollars ($100,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” "NET PROCEEDS" for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iviii), (ixiv) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”"INSURANCE PROCEEDS"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”"CONDEMNATION PROCEEDS"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Entertainment Properties Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Restoration: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met or waived and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000.00), but less than twenty-five percent of the Availability Threshold original principal balance of the Loan or the costs of completing the Restoration are is equal to or greater than Five Hundred Thousand and No/100 Dollars ($500,000.00), the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iviii), (ixv), (viii) and (xix) as a result of such damage or destruction, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its Lender’s reasonable costs and expenses (including including, but not limited to, reasonable counsel costs and fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (First Capital Real Estate Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $500,000 and the costs of completing the Restoration shall be less than the Availability Threshold$500,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $500,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$500,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sothebys)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Relevant Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Relevant Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in clauses (A), (E), (F), (G), (H), (J) and (L) of Section 6.4(b)(i) hereof below are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Relevant Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Relevant Restoration Threshold, then in either case, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.46.4(b). The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (ix) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iiy) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a1) If the Net Proceeds shall be less than the Availability Threshold Funds Release Limit, and the costs of completing the Restoration shall be less than the Availability ThresholdFunds Release Limit, the such Net Proceeds shall will be disbursed by Lender the Administrative Agent to the applicable Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i3.3(2)(i) hereof are met and such Borrower delivers to Lender the Administrative Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b2) If the Net Proceeds are equal to or greater than the Availability Threshold Funds Release Limit or the costs cost of completing the Restoration are is equal to or greater than the Availability ThresholdFunds Release Limit, Lender the Administrative Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.43.3. The term “Net Proceeds” for purposes of this Section 6.4 means3.3 shall mean: (ia) the net amount of all insurance proceeds received by Lender the Administrative Agent pursuant to Section 6.1(a)(i3.1 (l)(a), (iv), (ixd) and (xf) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (iib) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sunstone Hotel Investors, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are is equal to or greater than $250,000, the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $2,200,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$2,200,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $2,200,000.00 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $2,200,000.00 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Hudson Pacific Properties, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds (defined below) shall be less than the Availability Threshold $75,000 and the costs of completing the Restoration shall be less than the Availability Threshold$75,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(iSubsection (b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementSecurity Instrument. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $75,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold$75,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4Subsection 4.4(b). The term "Net Proceeds" for purposes purpose of this Section 6.4 means4.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsections (a)(i), (iv), (ixvi) and (xvii) of this Security Instrument as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (the "Insurance Proceeds"), or (ii) the net amount of the Awardall awards and payments received by Lender with respect to a taking referenced in Section 3.6 of this Security Instrument, after deduction of its reasonable costs and expenses (including including, but not limited to reasonable counsel fees), if any, in collecting the same ("Condemnation Proceeds"), whichever the case may be, available for the Restoration in accordance with the provisions of this Subsection (b).

Appears in 1 contract

Sources: Mortgage and Security Agreement (Baker J Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Propertyany Insured Asset: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000, the Net Proceeds shall will be disbursed by Lender to Borrower or Property Guarantor upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000 or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, $100,000 Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (x) as a result of such damage or destruction, after deduction of its the reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (GMH Communities Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1(a)(i), (iii), (iv), (ix) and (xvi) and Section 5.1.1(h) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Netreit, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property:. (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this AgreementBorrower. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Amount Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (xvi) as a result of such damage or destructionCasualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Pebblebrook Hotel Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $250,000 and the costs of completing the Restoration shall be less than the Availability Threshold$250,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with commercially reasonable due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $250,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$250,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (CNL Income Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs 00/100 Dollars ($250,000.00) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender Administrative Agent to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender Administrative Agent a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability ThresholdTwo Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), Lender Administrative Agent shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender Administrative Agent pursuant to Section 6.1(a)(iSections 5.1(a)(i), (iv), (ixvi), (vii) and (xviii) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Reading International Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000), the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000) or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Five Hundred Thousand and No/100 Dollars ($500,000) Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term "Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Koger Equity Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold $1,000,000.00 and the costs of completing the Restoration shall be less than the Availability Threshold$1,000,000.00, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.04(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with commercially reasonable due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $1,000,000.00 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$1,000,000.00, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.04. The term “Net Proceeds” for purposes of this Section 6.4 means8.04 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSections 8.01(a)(i), (iv), (ixvi) and (xvii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (CNL Income Properties Inc)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold Amount and the costs of completing the Restoration shall be less than the Availability ThresholdRestoration Threshold Amount, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold Amount or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdRestoration Threshold Amount, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (with respect to casualty insurance only) (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Piedmont Office Realty Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be are less than the Availability Restoration Threshold and the costs of completing the Restoration shall be are less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender ▇▇▇▇▇▇ to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i9.04(c) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.49.04. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(iSubsections (a)(i), (iv), (ixvi), (vii), (viii) and (xix) of Schedule 4 hereof as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Multifamily Loan and Security Agreement (Clipper Realty Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Threshold, Restoration Threshold Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Soho House & Co Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $100,000 and the costs of completing the Restoration shall be less than the Availability Threshold$100,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $100,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$100,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1(a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Strategic Storage Trust, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the Property: (a) If the Net Proceeds shall be less than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) and the costs of completing the Restoration shall be less than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), then the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold Five Hundred Thousand and No/100 Dollars ($500,000.00) or the costs of completing the Restoration are is equal to or greater than the Availability ThresholdFive Hundred Thousand and No/100 Dollars ($500,000.00), then Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.4. The term "Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i6.1 (a)(i), (iv), (vi), (ix) and (x) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Pennsylvania Real Estate Investment Trust)

Restoration. The following provisions shall apply in connection with the Restoration of the an Individual Property: (a) If the Net Proceeds shall be less than the Availability Threshold $50,000 and the costs of completing the Restoration shall be less than the Availability Threshold$50,000, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i8.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold $50,000 or the costs of completing the Restoration are equal to or greater than the Availability Threshold$50,000, Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.48.4. The term “Net Proceeds” for purposes of this Section 6.4 means8.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i8.1 (a)(i), (iv), (ixvi) and (xviii) as a result of such damage or destructiona Casualty, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Insurance Proceeds”), or (ii) the net amount of the AwardAward as a result of a Condemnation, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting the same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Extra Space Storage Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the any Property: (a) If the Net Proceeds shall be less than the Availability Threshold greater of (x) Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) and (y) three percent (3%) of the Allocated Loan Amount for the affected Individual Property, and the costs of completing the Restoration shall be less than the Availability Thresholdgreater of (x) Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) and (y) three percent (3%) of the Allocated Loan Amount for the affected Individual Property, then the Net Proceeds shall will be disbursed by Lender ▇▇▇▇▇▇ to Borrower upon receipt, provided that all no Event of Default is continuing and the conditions condition set forth in Section 6.4(b)(i6.4(b)(vi) hereof are below is met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If Borrower is not entitled to the Net Proceeds are equal pursuant to or greater than the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability ThresholdSection 6.4(a), then Lender shall make the Net Proceeds available for the Restoration in accordance with the balance of the provisions of this Section 6.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i), (iv), (ixvi), (vii), (viii) and (xix) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Sotherly Hotels Lp)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Restoration Threshold and the costs of completing the Restoration shall be less than the Availability Restoration Threshold, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Restoration Threshold or the costs of completing the Restoration are is equal to or greater than the Availability Restoration Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term "Net Proceeds" for purposes of this Section 6.4 means5.4 shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.l(a)(i), (iv), (ix) and (xvi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds"), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Lodging Fund REIT III, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If the Net Proceeds shall be less than the Availability Threshold Two Hundred Fifty Thousand and the costs No/100 Dollars ($250,000) and provided no Event of completing the Restoration shall be less than the Availability ThresholdDefault is continuing, the Net Proceeds shall will be disbursed by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i5.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than Two Hundred Fifty Thousand and No/100 Dollars ($250,000), the Availability Threshold or the costs of completing the Restoration are equal to or greater than the Availability Threshold, Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term "Net Proceeds” for purposes of this Section 6.4 means" shall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.l (a)(i), (iv), and (ixvi) and Section 5.1.l (xh) as a result of such damage or destruction, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Insurance Proceeds"), or (ii) the net amount of the Award, after deduction of its reasonable out-of-pocket costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same ("Condemnation Proceeds”Proceeds "), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Restoration. The following provisions shall apply in connection with the Restoration of the PropertyRestoration: (a) If (i) the Net Proceeds shall be less than the Availability Threshold and the costs cost of completing the Restoration shall each be less than the Availability ThresholdCasualty Threshold and (ii) no Event of Default has occurred and is continuing, the Net Proceeds shall be disbursed retained by Lender to Borrower upon receipt, provided that all of the conditions set forth in Section 6.4(b)(i) hereof are met and Borrower delivers to Lender a written undertaking to expeditiously shall promptly commence and to satisfactorily complete with due diligence the Restoration in accordance with the terms of this Agreement. (b) If the Net Proceeds are equal to or greater than the Availability Threshold or the costs cost of completing the Restoration are equal to or greater than the Availability Casualty Threshold, the Net Proceeds will be held by Lender and Lender shall make the Net Proceeds available for the Restoration in accordance with the provisions of this Section 6.45.4. The term “Net Proceeds” for purposes of this Section 6.4 meansshall mean: (i) the net amount of all insurance proceeds received by Lender pursuant to Section 6.1(a)(i5.1.1 (a)(i), (iv), (ix) and (xvi) as a result of such damage or destruction, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Insurance Proceeds”), or (ii) the net amount of the Award, after deduction of its reasonable costs and expenses (including including, but not limited to, reasonable counsel fees), if any, in collecting same (“Condemnation Proceeds”), whichever the case may be.

Appears in 1 contract

Sources: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)