Xxxxxx Indemnification and PWR/RWB Escrow Agreement. Borrowers have delivered, or caused Mortgage Borrowers to deliver, to Lender true, correct and complete copies of each of the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement and all amendments thereto. Except for such amendments thereto as have been delivered to Lender, the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement have not been amended or modified and are in full force and effect. No Loan Party nor any Affiliate thereof has (a) made any claim under the Xxxxxx Indemnification, or (b) requested any disbursement of funds under the PWR/RWB Escrow Agreement with respect to any claim under the Xxxxxx Indemnification or otherwise. No Loan Party nor any Affiliate thereof knows of any state of facts currently existing that would be reasonably likely to result in a claim under the Xxxxxx Indemnification.
Appears in 3 contracts
Samples: First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Xxxxxx Indemnification and PWR/RWB Escrow Agreement. Borrowers have delivered, or caused Mortgage Borrowers to deliver, delivered to Lender true, correct and complete copies of each of the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement and all amendments thereto. Except for such amendments thereto as have been delivered to Lender, the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement have not been amended or modified and are in full force and effect. No Loan Party Borrower nor any Affiliate thereof has (a) made any claim under the Xxxxxx Indemnification, or (b) requested any disbursement of funds under the PWR/RWB Escrow Agreement with respect to any claim under the Xxxxxx Indemnification or otherwise. No Loan Party Borrower nor any Affiliate thereof knows of any state of facts currently existing that would be reasonably likely to result in a claim under the Xxxxxx Indemnification.
Appears in 1 contract
Xxxxxx Indemnification and PWR/RWB Escrow Agreement. Borrowers have delivered, or caused Mortgage Borrowers to deliver, to Lender true, correct and complete copies of each of the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement and all amendments thereto. Except for such amendments thereto as have been delivered to Lender, the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement have not been amended or modified and are in full force and effect. No Loan Party nor any Affiliate thereof has (a) made any claim under the Xxxxxx Indemnification, except as set forth in Schedule XIII hereto, or (b) requested any disbursement of funds under the PWR/RWB Escrow Agreement with respect to any claim under the Xxxxxx Indemnification or otherwise. No Loan Party nor any Affiliate thereof knows of any state of facts currently existing that would be reasonably likely to result in a claim under the Xxxxxx Indemnification, except as set forth in Schedule XIII hereto.
Appears in 1 contract
Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Xxxxxx Indemnification and PWR/RWB Escrow Agreement. Borrowers have delivered, or caused Mortgage Borrowers to deliver, to Lender true, correct and complete copies of each of the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement and all amendments thereto. Except for such amendments thereto as have been delivered to Lender, the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement have not been amended or modified and are in full force and effect. No Loan Party nor any Affiliate thereof has (a) made any claim under the Xxxxxx Indemnification, except as set forth in Schedule XII hereto, or (b) requested any disbursement of funds under the PWR/RWB Escrow Agreement with respect to any claim under the Xxxxxx Indemnification or otherwise. No Loan Party nor any Affiliate thereof knows of any state of facts currently existing that would be reasonably likely to result in a claim under the Xxxxxx Indemnification, except as set forth in Schedule XII hereto.
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Xxxxxx Indemnification and PWR/RWB Escrow Agreement. Borrowers have delivered, or caused Mortgage Borrowers to deliver, to Lender true, correct and complete copies of each of the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement and all amendments thereto. Except for such amendments thereto as have been delivered to Lender, the Xxxxxx Indemnification and the PWR/RWB Escrow Agreement have not been amended or modified and are in full force and effect. No Loan Party nor any Affiliate thereof has (a) made any claim under the Xxxxxx Indemnification, except as set forth in Schedule XIV hereto, or (b) requested any disbursement of funds under the PWR/RWB Escrow Agreement with respect to any claim under the Xxxxxx Indemnification or otherwise. No Loan Party nor any Affiliate thereof knows of any state of facts currently existing that would be reasonably likely to result in a claim under the Xxxxxx Indemnification, except as set forth in Schedule XIV hereto.
Appears in 1 contract
Samples: Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)