Uncross of Properties. If at any time following the Closing Date Lender or its designee shall elect to remove any Individual Property from a Securitization (the “Affected Property”), Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected Property a new note and other loan documents (collectively, the “New Note”), evidencing a separate loan in the amount of the Adjusted Release Amount applicable to such Affected Property, including, the transfer of the applicable portion of each of the Reserve Funds relating to the Affected Property, and (ii) release any cross-default and/or cross-collateralization provisions applicable to such Affected Property; provided, that (1) such New Note secured by such Affected Property, together with the Loan Documents secured by the remaining Properties, shall not increase (A) any monetary obligation of Borrower under the Loan Documents, including without limitation, (x) the initial weighted average interest rate payable under the Note, (y) the stated maturity of the Note, or (z) any other material economic term of the Loan, as any existed prior to the creation of the New Note and splitting of the Loan; or (B) any other obligation of Borrower under the Loan Documents, including without limitation, not decreasing the time periods during which the Borrower, Operating Lessee and the Loan Parties are permitted to perform their obligations under the Loan Documents, and (2) the New Note and related loan documents shall be in substantially the same form as the Loan Documents. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.4, the Loan shall be reduced by an amount equal to the Adjusted Release Amount applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this Section 9.1(d), the balance of the Loan shall be the same as it would have been had a prepayment occurred in an amount equal to the Adjusted Release Amount of the Affected Property. The interest rate of the New Note shall have the same (x) initial weighted average interest rate payable under the Note, and (y) stated maturity of the Note. At the request of Lender, Borrower shall otherwise cooperate with Lender’s reasonable requests in Lender’s attempt to satisfy the requirements necessary in order for Lender to obtain written confirmation from the Approved Rating Agencies that such transfer of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereof, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers owning Properties and Operating Lessee operating Properties other than the Affected Property following such release have not been adversely affected and are in accordance with the terms and provisions of this Agreement (which evidence may include a “bring-down” of the Insolvency Opinion); and (B) if the same would be required by a prudent lender in such circumstances, an opinion of counsel that the release of the Affected Property will not be a “significant modification” of this Loan within the meaning of Section 1.1001-3 of the regulations of the United States Department of the Treasury, nor cause a Securitization Vehicle to fail to qualify as a REMIC Trust or Grantor Trust or a tax to be imposed on a Securitization Vehicle. Lender shall cause all reasonable costs and expenses incurred by Borrower (and each Mezzanine Borrower under Section 9.1.4 of each Mezzanine Loan Agreement) in connection with this Section 9.1.4 (including, without limitation, any costs and expenses incurred by Borrower in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose Entity) to be paid by Lender or its designee.
Appears in 1 contract
Uncross of Properties. If at any time following the Closing Date Lender or its designee shall elect to remove any Individual Property from a Securitization (the “Affected Property”), Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected Property a new note and other loan documents (collectively, the “New Note”), evidencing a separate loan in the amount of the Adjusted Release Amount applicable to such Affected Property, including, the transfer of the applicable portion of each of the Reserve Funds relating to the Affected Property, and (ii) release any cross-default and/or cross-collateralization provisions applicable to such Affected Property; provided, that (1) such New Note secured by such Affected Property, together with the Loan Documents secured by the remaining Properties, shall not increase in the aggregate (A) any monetary obligation of Borrower or Property Owner under the Loan Documents, including without limitation, (x) the initial weighted average interest rate payable under the Note, (y) the stated maturity of the Note, or (z) any other material economic term of the Loan, as any existed prior to the creation of the New Note and splitting of the Loan; or (B) any other obligation of Borrower or Property Owner under the Loan Documents, including without limitation, not decreasing the time periods during which the Borrower, Operating Lessee and the Loan Parties are permitted to perform their obligations under the Loan Documents, and (2) the New Note and related loan documents shall be Documents in substantially the same form as the Loan Documentsany material respect. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.49.1(d), the Loan shall be reduced by an amount equal to the Adjusted Release Amount applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this this
Section 9.1(d9.1 (d), the balance of the Loan shall be the same as it would have been had a prepayment occurred in an amount equal to the Adjusted Release Amount of the Affected Property. The interest rate of the New Note shall have the same (xw) initial weighted average interest rate payable under the Note, and (yx) stated maturity of the Note, and (y) aggregate amortization of principal of the Note. The Debt shall be reduced pursuant to Section 2.5.2(d) hereof as if a prepayment and release had occurred. At the request of Lender, Borrower or Property Owner, as applicable, shall transfer the Affected Property to a newly-created Special Purpose Entity and shall otherwise reasonably cooperate with Lender’s reasonable requests Lender or its designee in Lender’s their attempt to satisfy the all requirements necessary in order for Lender or its designee to obtain written confirmation a Rating Agency Confirmation from the Approved Rating Agencies that with respect to such transfer of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereofLoan, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers owning Properties Borrower and Operating Lessee operating Properties other than the Affected Property Owner following such release have not been adversely affected by the release of the Affected Property and are will not fail to be in accordance with the terms and provisions of this Agreement by the release of the Affected Property (which evidence may include a “bring-down” of the Insolvency Opinion); and (B) if the same would be required execution of such documents and instruments and delivery by a prudent lender in Lender or its designee of such circumstancesopinions of counsel as are typical for similar transactions, including, an opinion of counsel (which may be counsel to the Servicer), if the Loan is held by a Securitization Vehicle, that would be acceptable to a prudent lender acting reasonably, stating that any Securitization Vehicle that has acquired all or a part of the Loan (i) the release of the Affected Property will not be a “significant modification” of this Loan within cause the meaning of Section 1.1001-3 of the regulations of the United States Department of the Treasury, nor cause a Securitization Vehicle to fail to qualify maintain its status as a REMIC Trust Securitization Vehicle and (ii) will not be subject to tax on any “prohibited transactions” or Grantor Trust “prohibited contributions” in each case solely as a result of such release. Notwithstanding the foregoing, in no event shall Borrower or Property Owner, in connection with the transfer of the Affected Property, the splitting of the Loan or Lender or its designee’s attempt to obtain a tax Rating Agency Confirmation with respect to such transfer of the Affected Property and splitting of the Loan, be imposed on a Securitization Vehicleobligated to satisfy any requirement of the Rating Agencies or enter into any amendment or modification of the Loan Documents which would, in the aggregate, increase any monetary or other material obligation of Borrower under the Loan Documents. Lender shall cause all reasonable costs and expenses incurred by Borrower and Property Owner (and each Mezzanine Borrower under Section 9.1.4 of each Mezzanine Loan Agreement) in connection with this Section 9.1.4 (including, without limitation, any costs and expenses incurred by Borrower or Property Owner in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose Entity) to be paid by Lender or its designee.
Appears in 1 contract
Samples: Loan Agreement (ESH Hospitality LLC)
Uncross of Properties. If Borrower agrees that at any time following Lender shall have the Closing Date Lender or its designee shall unilateral right to elect to remove any Individual Property from a Securitization (uncross the “Affected Property”)Properties. In furtherance thereof, Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected each Individual Property the applicable Release Amount which shall be evidenced by a new note and other loan documents (collectivelyeach, the a “New Note”), evidencing ) having a separate loan in principal amount equal to the amount of the Adjusted Release Amount applicable to such Affected PropertyIndividual Property and evidenced and/or secured by other new loan documents (each such New Note and other new loan documents, includingcollectively, the transfer of “New Loan Documents”), (ii) segregate the applicable portion of each of the Reserve Funds relating to the Affected Propertyeach Individual Property , and (iiiii) release any cross-default and/or cross-collateralization provisions applicable to the Properties and (iv) take such Affected Propertyadditional action consistent therewith; provided, that (1A) such the New Note secured by such Affected PropertyLoan Documents, together with the Loan Documents secured by the remaining Propertiestaken as a whole, shall not increase (A1) any monetary obligation of Borrower under the Loan Documents, including without limitation, modify (xw) the initial weighted average interest rate payable under the Note, (x) the Maturity Date, (y) the stated maturity aggregate amortization of principal of the Note, or (z) any other material economic term of the Loan, as any existed prior to the creation of the New Note Notes and splitting of the Loan; Loan or (B2) any other obligation of Borrower under the Loan Documents, including without limitation, not decreasing decrease the time periods during which the Borrower, any Individual Borrower or Individual Operating Lessee and the Loan Parties are is required or permitted to perform their its obligations under the Loan Documents, and (2B) the each New Note and related loan documents Loan Document shall be in substantially the same form as the corresponding Loan Documents. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.4, the Loan shall be reduced by an amount equal to the Adjusted Release Amount applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this Section 9.1(d), the balance of the Loan shall be the same as it would have been had a prepayment occurred in an amount equal to the Adjusted Release Amount of the Affected Property. The interest rate of the New Note shall have the same (x) initial weighted average interest rate payable under the Note, and (y) stated maturity of the NoteDocument. At the request of Lender, Borrower shall otherwise cooperate with Lender’s reasonable requests in Lender’s attempt to satisfy the requirements necessary in order for Lender to obtain written confirmation from the Approved a Rating Agencies that such transfer Agency Confirmation in connection with any uncrossing of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereofProperties pursuant to this Section 9.1.3, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers owning Properties each Individual Borrower and Individual Operating Lessee operating Properties other than the Affected Property following such release have has not been adversely affected and are in accordance with the terms and provisions of this Agreement (which evidence may include a “bring-down” of the Insolvency Opinion); and (B) if the same would be required by a prudent lender in such circumstances, an opinion of counsel that the release uncrossing of the Affected Property Properties pursuant to this Section 9.1.3 will not be a “significant modification” of this Loan within the meaning of Section 1.1001-3 of the regulations of the United States Department of the Treasury, nor cause a Securitization Vehicle to fail to qualify as a REMIC Trust or Grantor Trust or a tax to be imposed on a Securitization Vehicle. Provided that no Event of Default shall have occurred and be continuing under the Loan Documents, Lender shall cause all reasonable costs and expenses incurred by Borrower (and each Mezzanine Borrower under Section 9.1.4 of each Mezzanine Loan Agreement) in connection with this Section 9.1.4 9.1.3 (including, without limitation, any documentary stamp taxes, intangible taxes, other recording taxes and any costs and expenses incurred by Borrower in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose EntityBorrower) to be paid by Lender or its designeeLender.
Appears in 1 contract
Uncross of Properties. If at any Without limiting the terms and provisions of Section 11.2(c) hereof, Borrower agrees that Lender shall have the one-time following the Closing Date Lender or its designee shall unilateral right to elect to remove uncross any Individual Property from a Securitization of the Properties (the “Affected Property”). In furtherance thereof, Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected Property the applicable Allocated Loan Amount evidenced by a new note and secured by such other loan documents (collectively, the “New Note”), evidencing ) having a separate loan in principal amount equal to the amount of the Adjusted Release Allocated Loan Amount applicable to such Affected Property, including, the transfer of (ii) segregate the applicable portion of each of the Reserve Funds relating to the Affected Property, and (iiiii) release any cross-default and/or cross-collateralization provisions applicable to such Affected PropertyProperty and (iv) take such additional action consistent therewith; provided, that (1A) such New Note secured by such Affected Property, together with the Loan Documents secured by the remaining Properties, shall not increase (A1) any monetary obligation of Borrower under the Loan Documents, including without limitation, modify (xw) the initial weighted average interest rate payable under the NoteNote except following an Event of Default or following any prepayment (whether resulting from the application of Net Proceeds after a Casualty or Condemnation or otherwise) of the Loan which is not made on a pro rata basis with each Mezzanine Loan (including the New Mezzanine Loan) in accordance with this Agreement and the Mezzanine Loan Agreements, (yx) the stated maturity of the Note, or (y) the aggregate amortization of principal of the Note, (z) any other material economic term of the Loan, as any existed prior to the creation of the New Note and splitting of the Loan; Loan or (B2) any other obligation of Borrower under the Loan Documents, including without limitation, not decreasing decrease the time periods during which the Borrower, Operating Lessee and the Loan Parties are Lessee, HHSD, SPE Component Entity or Guarantor is permitted to perform their its obligations under the Loan Documents, and (2B) the New Note and related loan documents shall be in substantially the same form as the Loan Documents. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.413.9, the Loan shall be reduced by an amount equal to the Adjusted Release Allocated Loan Amount applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Allocated Loan Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this Section 9.1(d)13.9, the balance balances of the components of the Loan shall be the same as it they would have been had a prepayment occurred in an amount equal to the Adjusted Release Allocated Loan Amount of the Affected Property. The interest rate of the New Note shall have the same (x) initial weighted average interest rate payable under the Note, and (y) stated maturity of the Note. At the request of Lender, Borrower shall otherwise cooperate with Lender’s reasonable requests in Lender’s attempt to satisfy the requirements necessary in order for Lender to obtain written confirmation from the Approved a Rating Agencies that such transfer of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereofAgency Confirmation, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers owning Properties and Operating Lessee operating Properties other than the Affected Property following such release have not been adversely affected and are in accordance with the terms and provisions of this Agreement (which evidence may include a “bring-down” of the Insolvency Non-Consolidation Opinion); and (B) if the same would be required by a prudent 00000000.00.XXXXXXXX 167 lender in such circumstances, an opinion of counsel that the release of the Affected Property will not be a “significant modification” of this Loan within the meaning of Section 1.1001-3 of the regulations of the United States Department of the Treasury, nor cause a Securitization Vehicle vehicle to fail to qualify as a REMIC Trust or Grantor Trust or a tax to be imposed on a Securitization Vehiclevehicle. Lender shall cause So long as there exists no Event of Default, all reasonable costs and expenses incurred by Borrower (other than all attorneys’ fees and each Mezzanine costs incurred by Borrower under Section 9.1.4 of each Mezzanine Loan Agreementor its Affiliates) or Lender in connection with this Section 9.1.4 13.9 (including, without limitation, any documentary stamp taxes, intangible taxes, other recording taxes and any costs and expenses incurred by Borrower in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose Entity) to shall be paid by Lender or its designeeLender.
Appears in 1 contract
Uncross of Properties. If Borrower agrees that at any time following Lender shall have the Closing Date Lender or its designee shall unilateral right to elect to remove uncross any Individual Property from a Securitization of the Properties (the “Affected Property”). In furtherance thereof, Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected Property the applicable Release Amount evidenced by a new note and secured by such other loan documents (collectively, the “New Note”), evidencing ) having a separate loan in principal amount equal to the amount of the Adjusted Release Amount applicable to such Affected Property, including, the transfer of (ii) segregate the applicable portion of each of the Reserve Funds relating to the Affected Property, and (iiiii) release any cross-default and/or cross-collateralization provisions applicable to such Affected PropertyProperty and (iv) take such additional action consistent therewith; provided, that (1A) such New Note secured by such Affected Property, together with the Loan Documents secured by the remaining Properties, shall not increase (A1) any monetary obligation of Borrower under the Loan Documents, including without limitation, modify (xw) the initial weighted average interest rate payable under the Note, (yx) the stated maturity of the Note, or (y) the aggregate amortization of principal of the Note, (z) any other material economic term of the Loan, as any existed prior to the creation of the New Note and splitting of the Loan; Loan or (B2) any other obligation of Borrower under the Loan Documents, including without limitation, not decreasing decrease the time periods during which the Borrower, Operating Lessee and the Loan Parties are Lessee, Principal or Guarantor is permitted to perform their its obligations under the Loan Documents, and (2B) the New Note and related loan documents shall be in substantially the same form as the Loan Documents. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.49.1.3, the Loan shall be reduced by an amount equal to amount of the Adjusted Release Amount applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this Section 9.1(d)9.1.3, the balance balances of the components of the Loan shall be the same as it they would have been had a prepayment occurred in an amount equal to the Adjusted Release Amount of the Affected Property. The interest rate of the New Note shall have the same (x) initial weighted average interest rate payable under the Note, and (y) stated maturity of the Note. At the request of Lender, Borrower shall otherwise cooperate with Lender’s reasonable requests in Lender’s attempt to satisfy the requirements necessary in order for Lender to obtain written confirmation from the Approved Rating Agencies that such transfer of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereof, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers owning Properties and Operating Lessee operating the applicable Properties other than the Affected Property following such release have not been adversely affected and are in accordance with the terms and provisions of this Agreement (which evidence may include a “bring-down” of the Insolvency Opinion); and (B) if the same would be required by a prudent lender in such circumstances, an opinion of counsel that the release of the Affected Property will not be a “significant modification” of this Loan within the meaning of Section 1.1001-3 of the regulations of the United States Department of the Treasury, nor cause a Securitization Vehicle to fail to qualify as a REMIC Trust or Grantor Trust or a tax to be imposed on a Securitization Vehicle. Lender shall cause all All reasonable costs and expenses incurred by Borrower (and each Mezzanine Borrower under Section 9.1.4 of each Mezzanine Loan Agreement) or Lender in connection with this Section 9.1.4 9.1.3 (including, without limitation, any documentary stamp taxes, intangible taxes, other recording taxes and any costs and expenses incurred by Borrower in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose Entity) to shall be paid by Lender or its designeein accordance with Section 9.1.4 below.
Appears in 1 contract
Uncross of Properties. If Each of Borrower and Maryland Owner agrees that at any time following Lender shall have the Closing Date Lender or its designee shall unilateral right to elect to remove uncross any Individual Property from a Securitization of the Properties (the “Affected Property”). In furtherance thereof, Lender shall have the right to (i) sever or divide the Note and the other Loan Documents in order to allocate to such Affected Property the portion of the Loan allocable to such Individual Property (the “Allocated Loan Amount”) evidenced by a new note and secured by such other loan documents (collectively, the “New Note”), evidencing ) having a separate loan in principal amount equal to the amount of the Adjusted Release Allocated Loan Amount applicable to such Affected Property, including, the transfer of (ii) segregate the applicable portion of each of the Reserve Funds relating to the Affected Property, and (iiiii) release any cross-default and/or cross-collateralization provisions applicable to such Affected PropertyProperty and (iv) take such additional action consistent therewith; provided, that (1) such New Note secured by such Affected Property, together with the Loan Documents secured by the remaining Properties, shall not increase in the aggregate (A) any monetary obligation of Borrower or Maryland Owner under the Loan DocumentsDocuments (provided, including without limitationhowever, (x) it being acknowledged and agreed that such New Note shall immediately after the dividing of the Note have the same initial weighted average interest rate payable under coupon as the original Note prior to such dividing, notwithstanding that such New Note may, in connection with the application of principal to such New Note, (y) subsequently cause the stated maturity weighted average coupon of the Note, or (z) any other material economic term of the Loan, as any existed prior to the creation of the such New Note and splitting to change (but not increase, except that the weighted average coupon may subsequently increase due to -118- prepayments or if an Event of the Loan; Default shall occur)), or (B) any other obligation of Borrower or Maryland Owner under the Loan Documents, including without limitation, not decreasing the time periods during which the Borrower, Operating Lessee and the Loan Parties are permitted to perform their obligations under the Loan Documents, and (2) the New Note and related loan documents shall be Documents in substantially the same form as the Loan Documentsany material respect. In connection with the transfer of any such Affected Property as provided for in this Section 9.1.49.1.5, the Loan shall be reduced by an amount equal to the Adjusted Release Amount amount of the New Note applicable to such Affected Property and the new loan secured by such Affected Property and evidenced by the New Note shall be in an amount equal to such Adjusted Release Allocated Loan Amount. Subsequent to the release of the Affected Property from the lien of the Loan pursuant to this Section 9.1(d)9.1.5, the balance balances of the components of the Loan shall be the same as it they would have been had a prepayment occurred in an amount equal to the Adjusted Release Allocated Loan Amount of the Affected Property. The interest rate of the New Note shall have the same (x) initial weighted average interest rate payable under the Note, and (y) stated maturity of the Note. At the request of Lender, each of Borrower and Maryland Owner shall otherwise cooperate with Lender’s reasonable requests Lender in Lender’s its attempt to satisfy the all requirements necessary in order for Lender to obtain written confirmation from the Approved Rating Agencies that such transfer of the Affected Property from the Securitization and splitting of the Loan shall not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereof, which requirements shall include, without limitation: (A) delivery of evidence that would be reasonably satisfactory to a prudent lender that the single purpose nature and bankruptcy remoteness of the Borrowers each Individual Borrower and Maryland Owner owning Properties and Operating Lessee operating Properties an Individual Property other than the Affected Property following such release have not been adversely affected and are in accordance with the terms and provisions of this Agreement (which evidence may include a “bring-down” of the Insolvency Opinion); and (B) if the same would be required execution of such documents and instruments and delivery by a prudent lender in Lender of such circumstancesopinions of counsel as are typical for similar transactions, including, an opinion of counsel that the release of the Affected Property will not be a “significant modification” of this Loan within the meaning of Section 1.1001-3 1.860G-2(b) of the regulations of the United States Department of the TreasuryTreasury and that all other requirements applicable, nor cause a Securitization Vehicle if any, to fail to qualify as a REMIC Trust Trust, have been satisfied or Grantor Trust or a tax to be imposed on a Securitization Vehicle. Lender shall cause all reasonable costs and expenses incurred by Borrower (and each Mezzanine Borrower under Section 9.1.4 of each Mezzanine Loan Agreement) in connection with this Section 9.1.4 (including, without limitation, any costs and expenses incurred by Borrower in connection with the transfer of the Affected Property to a Special Purpose Entity and the maintenance and operation of such Special Purpose Entity) to be paid by Lender or its designeehave not otherwise been violated.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
