Common use of Subdivision Maps Clause in Contracts

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 6 contracts

Samples: Building Loan Agreement, Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Industrial Income Trust Inc.)

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Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, "Subdivision Map"), Borrower shall submit such Subdivision Map to Lender for Lender’s 's review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s 's receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not so provided to Borrower. Within five (5) Business Days after Lender’s 's request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s 's sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 4 contracts

Samples: Construction Loan Agreement (Equity Office Properties Trust), Construction Loan Agreement (Equity Office Properties Trust), Construction Loan Agreement (Equity Office Properties Trust)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the a Borrowing Base Property (collectively, a “Subdivision Map”), the Borrower shall submit such Subdivision Map to Lender the Administrative Agent for LenderAdministrative Agent’s review and approval, which approval shall not be unreasonably withheld. Within If the Administrative Agent fails to approve, disapprove, or request additional information in connection with, the Borrower’s request for approval of a Subdivision Map within ten (10) Business Days after Lender’s receipt of such Subdivision Mapthereof, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender the Administrative Agent shall be deemed to have approved the such Subdivision Map if such notice is not provided to BorrowerMap. Within five (5) Business Days after Lenderthe Administrative Agent’s requestrequest made after the approval or deemed approval of such Subdivision Map, the Borrower and the applicable Borrowing Base Property owning Subsidiary shall execute, acknowledge and deliver to Lender the Administrative Agent such amendments to the Loan Documents as Lender Administrative Agent may reasonably require to reflect the change in the legal description of the Borrowing Base Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust applicable Mortgage recorded in connection with such amendments, the Borrower shall deliver to LenderAdministrative Agent, for the benefit of Lenders, at the Borrower’s sole expense, a title endorsement to the applicable lenders’ policy of title insurance issued by the Title Policy Company in form and substance reasonably satisfactory to Lender Administrative Agent insuring the continued first priority lien of the Deed of Trustapplicable Mortgage. Subject to the execution and delivery by the Borrower and the applicable Borrowing Base Property owning Subsidiary of any documents required under this Section, Lender the Administrative Agent, on behalf of the Lenders, shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, approved by Lender the Administrative Agent pursuant to this Section.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days business days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower within the foregoing ten (10) business day period, provided that Borrower’s request for Lender’s approval refers to this deemed approval provision. Within five (5) Business Days business days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 2 contracts

Samples: Building Loan Agreement (AAC Holdings, Inc.), Building Loan Agreement (AAC Holdings, Inc.)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust Mortgage recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of TrustMortgage. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 2 contracts

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender Bondowner Representative for LenderBondowner Representative’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after LenderBondowner Representative’s receipt of such Subdivision Map, Lender Bondowner Representative shall provide Borrower written notice if Lender Bondowner Representative disapproves of said Subdivision Map. Lender Bondowner Representative shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after LenderBondowner Representative’s request, Borrower shall execute, acknowledge and deliver to Lender Bondowner Representative such amendments to the Loan Documents as Lender Bondowner Representative may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to LenderBondowner Representative, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender Bondowner Representative insuring the continued first priority lien of the Deed of Trust, subject only to the Permitted Prior Encumbrances. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender Bondowner Representative shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender Bondowner Representative pursuant to this Section.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “‘‘Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) 10 Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) 5 Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 2 contracts

Samples: Loan Agreement (AAC Holdings, Inc.), Loan Agreement (AAC Holdings, Inc.)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the a Borrowing Base Property (collectively, a “Subdivision Map”), the Borrower shall submit such Subdivision Map to Lender the Administrative Agent for LenderAdministrative Agent’s review and approval, which approval shall not be unreasonably withheld. Within If the Administrative Agent fails to approve, disapprove, or request additional information in connection with, the Borrower’s request for approval of a Subdivision Map within ten (10) Business Days after Lender’s receipt of such Subdivision Mapthereof, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender the Administrative Agent shall be deemed to have approved the such Subdivision Map if such notice is not provided to BorrowerMap. Within five (5) Business Days after Lenderthe Administrative Agent’s requestrequest made after the approval or deemed approval of such Subdivision Map, the Borrower and the applicable Borrowing Base Property owning Subsidiary shall execute, acknowledge and deliver to Lender the Administrative Agent such amendments to the Loan Documents as Lender Administrative Agent may reasonably require to reflect the change in the legal description of the Borrowing Base Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust applicable Mortgage recorded in connection with such amendments, the Borrower shall deliver to LenderAdministrative Agent, for the benefit of Lenders, at the Borrower’s sole expense, a title endorsement to the applicable lenders’ policy of title insurance issued by the Title Policy Company in form and substance reasonably satisfactory to Lender Administrative Agent insuring the continued first priority lien of the Deed of Trustapplicable Mortgage (subject only to Permitted Priority Liens). Subject to the execution and delivery by the Borrower and the applicable Borrowing Base Property owning Subsidiary of any documents required under this Section, Lender the Administrative Agent, on behalf of the Lenders, shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, approved by Lender the Administrative Agent pursuant to this Section.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) 10 Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) 5 Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust Mortgage recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of TrustMortgage. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 2 contracts

Samples: Loan Agreement (AAC Holdings, Inc.), Loan Agreement (AAC Holdings, Inc.)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not so provided to Borrower. Within five (5) Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Construction Loan Agreement (Equity Office Properties Trust)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the any Property (collectively, “Subdivision Map”), Borrower Borrowers shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower Borrowers written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to BorrowerBorrowers. Within five (5) Business Days after Lender’s request, Borrower Borrowers shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the such Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust any Security Instrument recorded in connection with such amendments, Borrower Borrowers shall deliver to Lender, at Borrower’s Borrowers’ sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trustsuch Security Instrument. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section. For avoidance of doubt, Lender hereby approves the proposed lot line adjustment of the Bluegrass Valley II Property.

Appears in 1 contract

Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “"Subdivision Map"), Borrower shall submit such Subdivision Map to Lender for Lender’s 's review and approval, which approval shall not be unreasonably withheldwithheld or delayed. Within ten (10) Business Days after Lender’s 's receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower within the foregoing ten (10) Business Day period, provided that Borrower's request for Lender's approval refers to this deemed approval provision. Within five (5) Business Days after Lender’s 's request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust Security Instrument recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s 's sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of TrustSecurity Instrument. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Loan Agreement (Hines Global Reit Ii, Inc.)

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Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower Borrowers shall submit such Subdivision Map to Lender for Lender’s 's review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s 's receipt of such Subdivision Map, Lender shall provide Borrower Borrowers written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after Lender’s 's request, Borrower Borrowers shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the any Deed of Trust recorded in connection with such amendments, Borrower Borrowers shall deliver to Lender, at Borrower’s Borrowers' sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the any Deed of Trust. Subject to the execution and delivery by Borrower Borrowers of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

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

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower within the foregoing ten (10) Business Day period, provided that Borrower’s request for Lender’s approval refers to this deemed approval provision. Within five (5) Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust Security Instrument recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of TrustSecurity Instrument. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)

Subdivision Maps. Prior Except for the final plat previously submitted to, ----------------- and approved by, Lender, prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, "Subdivision Map"), Borrower shall submit such Subdivision Map to Lender for Lender’s 's review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s 's receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after Lender’s 's request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s 's sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Construction Loan Agreement (Pizza Inn Inc /Mo/)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot ---------------- line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, "Subdivision Map"), Borrower shall submit such Subdivision Map to Lender for Lender’s 's review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after Lender’s 's receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after Lender’s 's request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s 's sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Construction Loan Agreement (Americredit Corp)

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender Bondowner Representative for LenderBondowner Representative’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after LenderBondowner Representative’s receipt of such Subdivision Map, Lender Bondowner Representative shall provide Borrower written notice if Lender Bondowner Representative disapproves of said Subdivision Map. Lender Bondowner Representative shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after LenderBondowner Representative’s request, Borrower Xxxxxxxx shall execute, acknowledge and deliver to Lender Bondowner Representative such amendments to the Loan Documents as Lender Bondowner Representative may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to LenderBondowner Representative, at BorrowerXxxxxxxx’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender Bondowner Representative insuring the continued first priority lien of the Deed of Trust, subject only to the Permitted Prior Encumbrances. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender Bondowner Representative shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender Bondowner Representative pursuant to this Section.

Appears in 1 contract

Samples: Loan Agreement

Subdivision Maps. Prior to recording any final map, plat, parcel map, lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender Administrative Agent for LenderAdministrative Agent’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) Business Days after LenderAdministrative Agent’s receipt of such Subdivision Map, Lender Administrative Agent shall provide Borrower written notice if Lender Administrative Agent disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) Business Days after LenderAdministrative Agent’s request, Borrower shall execute, acknowledge and deliver to Lender Administrative Agent such amendments to the Loan Documents as Lender Administrative Agent may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust Mortgage recorded in connection with such amendments, Borrower shall deliver to LenderAdministrative Agent, for the benefit of Lenders, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender Administrative Agent insuring the continued first priority lien of the Deed of TrustMortgage. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender Administrative Agent, on behalf of Lenders, shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, approved by Lender Administrative Agent pursuant to this Section. Without limiting the foregoing, Administrative Agent and Lenders hereby acknowledge that during the term of the Loan Borrower may desire to record a condominium plan subdividing the retail portion of the Property and the office portion of the Property into separate condominium units, and in connection therewith, execute and record covenants, conditions and restrictions governing the use and operation of the separate condominium units, which may include the creation of an association and the deeding of certain common areas to the association (all such plans and documents, collectively, the “Condo Documents”). Subject to Administrative Agent’s review and approval (which approval may be withheld by Administrative Agent in its sole discretion) of any Condo Documents (including, without limitation, all allocations, assessment provisions, other provisions having an economic impact on the Property, operational covenants, insurance provisions and mortgagee protections) and any economic impacts resulting from the subdivision of the Property, and provided any and all such Condo Documents comply with Applicable Law, Administrative Agent shall execute such consents and/or joinders (in forms acceptable to Administrative Agent in its sole discretion) as are necessary to subordinate the lien of the Mortgage to the approved Condo Documents. Notwithstanding anything to the contrary herein, (i) Administrative Agent’s consent to any Condo Documents may be conditioned upon, among other things, amendments to the Loan Documents to incorporate provisions customarily required by Administrative Agent with respect to loans secured by condominium projects and (ii) in no event will Administrative Agent’s consent, or subordination, to the Condo Documents be deemed an agreement by Administrative Agent or Lenders that Borrower may separately transfer, and/or cause to be released from the lien of the Mortgage, individual condominium units.

Appears in 1 contract

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

Subdivision Maps. Prior to recording any final map, plat, parcel map, . lot line adjustment or other subdivision map of any kind covering any portion of the Property (collectively, “Subdivision Map”), Borrower shall submit such Subdivision Map to Lender for Lender’s review and approval, which approval shall not be unreasonably withheld. Within ten (10) 10 Business Days (as defined in the Note) after Lender’s receipt of such Subdivision Map, Lender shall provide Borrower written notice if Lender disapproves of said Subdivision Map. Lender shall be deemed to have approved the Subdivision Map if such notice is not provided to Borrower. Within five (5) 5 Business Days after Lender’s request, Borrower shall execute, acknowledge and deliver to Lender such amendments to the Loan Documents as Lender may reasonably require to reflect the change in the legal description of the Property resulting from the recordation of any Subdivision Map. In connection with and promptly after the recordation of any amendment or other modification to the Deed of Trust recorded in connection with such amendments, Borrower shall deliver to Lender, at Borrower’s sole expense, a title endorsement to the Title Policy in form and substance satisfactory to Lender insuring the continued first priority lien of the Deed of Trust. Subject to the execution and delivery by Borrower of any documents required under this Section, Lender shall, if required by applicable law, sign any Subdivision Map approved, or deemed to be approved, by Lender pursuant to this Section.

Appears in 1 contract

Samples: Loan Agreement (AAC Holdings, Inc.)

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