Common use of Yield Maintenance Clause in Contracts

Yield Maintenance. If (i) all or any part of the principal amount of the Loan is prepaid after the Closing Date but prior to the last day of the Defeasance Period as a result of the acceleration of the maturity of the Mortgage Note after an Event of Default, Maker shall be required to pay a Yield Maintenance Payment equal to the greater of (A) 1% of the amount of the principal prepayment that is to be applied to the outstanding principal balance hereof and (B) the present value as of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. Promptly following acceleration of this Mortgage Note or following the occurrence of any other event, the occurrence of which obligates Maker to make a Yield Maintenance Payment, Holder shall notify Maker of the amount and basis of determination of the Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, Maker shall not dispute Holdxx'x xalculations hereunder. For purposes of this SECTION 1.3, the following terms shall have the meanings ascribed to them below:

Yield Maintenance. If The Borrower shall pay to the Bank, upon request of the Bank, such amount or amounts as shall be sufficient (in the reasonable opinion of the Bank) to compensate it for any loss, cost, or expense incurred as a result of: (i) all or any part payment of the principal amount of the a LIBOR Loan is prepaid after the Closing Date but prior to on a date other than the last day of the Defeasance Interest Period for such Loan; (ii) any failure by Borrower to borrow a LIBOR Loan on the date specified by Borrower's written notice; (iii) any failure of Borrower to pay a LIBOR Loan on the date for payment specified in Borrower's written notice. Without limiting the foregoing, Borrower shall pay to Bank a "yield maintenance fee" in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from LIBOR in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the acceleration principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the maturity term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the Mortgage Note after term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Bank upon the payment of a LIBOR Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of Loan to bear interest based on LIBOR. If by reason of an Event of Default, Maker shall be required the Bank elects to pay a Yield Maintenance Payment equal to declare the greater of (A) 1% of the amount of the principal prepayment that is Loans and/or any Note to be applied immediately due and payable, then any yield maintenance fee with respect to a LIBOR Loan shall become due and payable in the outstanding principal balance hereof and (B) same manner as though the present value as Borrower has exercised such right of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. Promptly following acceleration of this Mortgage Note or following the occurrence of any other event, the occurrence of which obligates Maker to make a Yield Maintenance Payment, Holder shall notify Maker of the amount and basis of determination of the Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, Maker shall not dispute Holdxx'x xalculations hereunder. For purposes of this SECTION 1.3, the following terms shall have the meanings ascribed to them below:prepayment.

Yield Maintenance. 2.11.1. If (i) all or any part of the principal amount of the Loan is prepaid after the Closing Date but prior to the last day of the Defeasance Period as a result of the acceleration of the maturity of the Mortgage Note after an Event of DefaultDefault (or if a Mortgaged Property is released for the purpose set forth in SECTION 7.1.3 after the Closing Date but prior to the Securitization), Maker Borrower shall be required to pay a Yield Maintenance Payment prepayment premium (the "YIELD MAINTENANCE PAYMENT") on the Mortgage Note equal to the greater of (A) one percent (1% %) of the amount of the principal prepayment that is to be applied to the outstanding principal balance hereof Mortgage Note and (B) the present value as of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. 2.11.2. Promptly following the acceleration of this the Mortgage Note or following the occurrence of any other event, the occurrence of which obligates Maker Borrower to make a Yield Maintenance Payment, Holder Lender shall notify Maker Borrower of the amount and basis of determination of the applicable Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, Maker Borrower shall not dispute Holdxx'x xalculations Lender's calculations hereunder. For purposes of this SECTION 1.32.11, the following terms shall have the meanings ascribed to them below:

Yield Maintenance. 2.8.1. If (i) all or any part of the principal amount of the Loan is prepaid after the Closing Date but prior to the last day of the Defeasance Period as a result of the acceleration of the maturity of the Mortgage Note after an Event of DefaultDefault or if a Mortgaged Property is released for the purpose set forth in Section 7.1.3 after the Closing Date but prior to the Securitization, Maker Borrower shall be required to pay a prepayment premium (the "Yield Maintenance Payment Payment") on the Mortgage Note equal to the greater of (A) 1% of the amount of the principal prepayment that is to be applied to the outstanding principal balance hereof Mortgage Note and (B) the present value as of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Scheduled Maturity Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. 2.8.2. Promptly following acceleration of this Mortgage Note or following the occurrence of any other eventsuch a prepayment, the occurrence of which obligates Maker to make a Yield Maintenance Payment, Holder Lender shall notify Maker Borrower of the amount and basis of determination of the applicable Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, Maker the Borrower shall not dispute Holdxx'x xalculations Lender's calculations hereunder. For purposes of this SECTION 1.3Section 2.8, the following terms shall have the meanings ascribed to them below:

Yield Maintenance. If If, at any time (i) all or any part Loan is a Fixed Rate Loan, and (ii) the Lender in its reasonable discretion should determine that current market conditions can accommodate a prepayment request, the Borrower shall have the right at such time to prepay such Loan in whole (but not in part), and the Borrower shall pay to the Lender a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the maturity date of the principal amount term chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from the Cost of Funds component of the Loan fixed rate in effect at the time of prepayment. If the result is prepaid after the Closing Date but prior to the last day of the Defeasance Period as zero or a result of the acceleration of the maturity of the Mortgage Note after an Event of Defaultnegative number, Maker there shall be required to pay no yield maintenance fee. If the result is a Yield Maintenance Payment equal to positive number, then the greater of (A) 1% of resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment that is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to the Lender upon prepayment of the Fixed Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by the Borrower pursuant to Section 2.2 of this Agreement. If by reason of an Event of Default the Lender elects to declare any Loan to be applied immediately due and payable, then any yield maintenance fee with respect to such Loan shall become due and payable in the outstanding principal balance hereof same manner as though the Borrower had exercised such right of prepayment. A certificate as to any additional amounts payable pursuant to this Section setting forth the basis and (B) the present value as method of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment determining such amounts shall be required in connection with prepayments made on or after the last day of the Defeasance Period. Promptly following acceleration of this Mortgage Note or following the occurrence of any other eventconclusive, the occurrence of which obligates Maker to make a Yield Maintenance Payment, Holder shall notify Maker of the amount and basis of determination of the Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent absent manifest error, Maker as to the determination by the Lender set forth therein if made reasonably and in good faith. The Borrower shall not dispute Holdxx'x xalculations hereunderpay any amounts so certified to it by the Lender within 10 days of receipt of any such certificate. For purposes of this SECTION 1.3Section, all references to the following terms "Lender" shall have be deemed to include any participant in the meanings ascribed to them below:Commitment and/or Loans.

Yield Maintenance. 2.11.1. If (i) all or any part of the principal amount of the Loan is prepaid after the Closing Date but prior to the last day of the Defeasance Period as a result of the acceleration of the maturity of the Mortgage Note after an Event of DefaultDefault (or if a Mortgaged Property is released for the purpose set forth in SECTION 7.1.3 after the Closing Date but prior to the Securitization), Maker Borrower shall be required to pay a Yield Maintenance Payment prepayment premium (the "YIELD MAINTENANCE PAYMENT") on the Mortgage Note equal to the greater of (A) 1% of the amount of the principal prepayment that is to be applied to the outstanding principal balance hereof Mortgage Note and (B) the present value as of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. 2.11.2. Promptly following the acceleration of this the Mortgage Note or following the occurrence of any other event, the occurrence of which obligates Maker Borrower to make a Yield Maintenance Payment, Holder Lender shall notify Maker Borrower of the amount and basis of determination of the applicable Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, Maker Borrower shall not dispute Holdxx'x xalculations Lender's calculations hereunder. For purposes of this SECTION 1.32.11, the following terms shall have the meanings ascribed to them below:

Yield Maintenance. If (i) all or any part of the principal amount of the Loan is prepaid after the Closing Date but prior to the last day of the Defeasance Period as a result of the acceleration of the maturity of the Mortgage Note after an Event of Default, Maker shall be required to pay a Yield Maintenance Payment equal to the greater of (A) 1% of the amount of the principal prepayment that is to be applied to the outstanding principal balance hereof and (B) the present value as of the end of the applicable Debt Service Period, discounted at the Reinvestment Yield, of a series of payments each equal to the Payment Differential on each of the remaining Due Dates prior to and including the Anticipated Repayment Date, after giving effect to the regularly scheduled payment of principal that is to be made on the Prepayment Date. No Yield Maintenance Payment shall be required in connection with prepayments made on or after the last day of the Defeasance Period. Promptly following acceleration of this Mortgage Note or following the occurrence of any other event, the occurrence of which obligates Maker to make a Yield Maintenance Payment, Holder shall notify Maker of the amount and basis of determination of the Yield Maintenance Payment promptly upon determining the Treasury Rate, as contemplated below. Absent manifest error, the Maker shall not dispute Holdxx'x xalculations Holder's calculations hereunder. For purposes of this SECTION 1.3, the following terms shall have the meanings ascribed to them below: