Securitization Financials. Borrower covenants and agrees that, upon Lender’s written request therefor in connection with a Securitization, Borrower shall, at Lender’s sole cost and expense, deliver as soon as is reasonably practicable (a) audited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements) and (b) if, at the time one or more Disclosure Documents are being prepared in connection with a Securitization, Lender expects that Borrower alone or Borrower and one or more of its Affiliates collectively, or the Property alone or the Property and any other parcel(s) of real property, together with improvements thereon and personal property related thereto, that is “related”, within the meaning of the definition of Significant Obligor, to the Property (a “Related Property”) collectively, will be a Significant Obligor, Borrower shall furnish to Lender upon request (i) the selected financial data or, if applicable, net operating income, required under Item 1112(b)(1) of Regulation AB and meeting the requirements thereof, if Lender expects that the principal amount of the Loan, together with any loans made to an Affiliate of Borrower or secured by a Related Property that is included in a Securitization with the Loan (a “Related Loan”), as of the cut-off date for such Securitization may, or if the principal amount of the Loan together with any Related Loans as of the cut-off date for such Securitization and at any time during which the Loan and any Related Loans are included in a Securitization does, equal or exceed ten percent (10%) (but less than twenty percent (20%)) of the aggregate principal amount of all mortgage loans included or expected to be included, as applicable, in the Securitization or (ii) the financial statements required under Item 1112(b)(2) of Regulation AB and meeting the requirements thereof, if Lender expects that the principal amount of the Loan together with any Related Loans as of the cut-off date for such Securitization may, or if the principal amount of the Loan together with any Related Loans as of the cut-off date for such Securitization and at any time during which the Loan and any Related Loans are included in a Securitization does, equal or exceed twenty percent (20%) of the aggregate principal amount of all mortgage loans included or expe...
Securitization Financials. Borrower covenants and agrees that, upon Lender’s written request therefor in connection with a Securitization, Borrower shall, at Lender’s sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an Independent certified public accountant (which may include up to three (3) years of historical audited financial statements).
Securitization Financials. Borrower covenants and agrees that, upon Xxxxxx's written request therefor in connection with a Securitization, Borrower shall, at Xxxxxx's sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical financial statements).
Securitization Financials. The Borrower covenants and agrees that, upon the Lender's written request therefor in connection with a securitization, in which the Loans are to be included as an asset, the Borrower shall promptly deliver audited financial statements and related documentation prepared by an independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements). Notwithstanding anything to the contrary in Sections 10.16, 10.17 and this Section 10.18, the Lender agrees that the Loans shall not be included as an asset of a securitization which is effective on or before the Final Maturity Date.
Securitization Financials. Mortgagor covenants and agrees that, upon Lender’s written request therefor in connection with a Securitization, Mortgagor shall, at Lender’s sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements).
Securitization Financials. 83 SCHEDULES --------- Schedule 1.1 - Initial Hotels Schedule 1.1(a) - Letters of Intent Schedule 3.2 - Mortgaged Property Prioritization Schedule Schedule 5.8(c) - Subsidiaries Schedule 5.19 - Environmental Matters Schedule 5.22(a) - Owned Real Estate Schedule 5.22(b) - Leased Real Estate Schedule 5.22(c) - Defects in Improvements Schedule 8.1 - Existing Liens EXHIBITS -------- Exhibit A - Form of Note Exhibit B - Form of Notice of Borrowing Exhibit C - Form of Negative Pledge Agreement Exhibit D - Form of Opinion of Counsel for the Loan Parties Exhibit E - Form of Mortgage Exhibit F - Form of Assignment Agreement Exhibit G - Form of Management Agreement Exhibit H - Form of Operating Lease Exhibit I - Form of Security Agreement Exhibit J - Form of Subordination Agreement Exhibit K - Form of Subordination, Non-Disturbance and Attornment Agreement REVOLVING CREDIT AGREEMENT, dated as of the 29th day of February 1996, between HOSPITALITY PROPERTIES TRUST, a Maryland real estate investment trust (the "Borrower") and DLJ MORTGAGE CAPITAL, INC. a Delaware corporation (the "Lender").
Securitization Financials. The Borrower covenants and agrees ------------------------- that, upon the Lender's written request therefor in connection with a securitization effective on or at any time after the Collateralization Date, in which the Loans are to be included as an asset, the Borrower shall promptly deliver audited financial statements and related documentation prepared by an independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial state ments). Notwithstanding anything to the contrary in Sections 10.16, 10.17 and this Section 10.18, the Lender agrees that the Loans shall not be included as an asset of a securitization which is effective on or before the Final Maturity Date. [remainder of this page intentionally left blank]
Securitization Financials. Owner covenants and agrees ------------------------- that, upon Lender's written request therefor in connection with a securitization in which the Loan is to be included as an asset, Owner shall, at its sole cost and expense, promptly deliver audited, if then available, or unaudited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements), to the extent the same are available.
Securitization Financials. Grantor covenants and agrees that, upon Beneficiary's written request therefor in connection with a Securitization in which the Loan is to be included as an asset, Grantor shall, at Grantor's sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements).
Securitization Financials. Mortgagor covenants and agrees that, upon Mxxxxxxxx's written request therefor in connection with a securitization in which the Loan is to be included as an asset, Mortgagor shall, at Mxxxxxxxx's sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an Independent certified public accountant that satisfy securities laws and requirements for use in a public registration statement (which may include up to three (3) years of historical audited financial statements).
