Examples of Existing Security Instruments in a sentence
The Borrowers and the other Loan Parties hereby acknowledge and agree that they remain liable for the Obligations and the Liens granted by the Borrowers and the other Loan Parties under the Existing Security Instruments to the extent securing the Obligations hereunder and under the other Loan Documents.
All references in the Loan Agreement to the “Security Instrument” or the “Security Instruments” are hereby amended to mean collectively the Existing Security Instruments and the New Security Instrument.
Borrower and Guarantor acknowledge for the benefit of Lender that the Notes, the Loan Agreement as amended by this Amendment, the Existing Security Instruments, and any other Loan Documents (collectively, the “Loan Documents”) are all valid and binding obligations enforceable in accordance with their terms, and that neither Borrower nor Guarantor has any offset or defense against the indebtedness evidenced by the Notes or any of the obligations set forth in the Loan Documents.
No event has occurred since Owner acquired the Properties and no condition currently exists with respect to Owner or any Bond Property that would constitute an event of default or which, with the lapse of time, if not cured, or with the giving of notice or both, would become an event of default under any of the Regulatory Agreements, any of the Existing Security Instruments or any other document executed in connection with any of the Existing Bond Issues.
Borrower and Guarantor acknowledge for the benefit of Lender that the Notes, the Loan Agreement as amended by this Third Amendment, the Existing Security Instruments, and any other Loan Documents (collectively, the “Loan Documents”) are all valid and binding obligations enforceable in accordance with their terms, and that neither Borrower nor the Guarantor has any offset or defense against the indebtedness evidenced by the Notes or any of the obligations set forth in the Loan Documents.
Lender is the owner and holder by contemporaneous assignment of the mortgage(s) listed on Exhibit B attached hereto (the “Existing Security Instrument(s)”) covering all or part of the Property and the Existing Note(s) which such Existing Security Instrument(s) were given to secure and on which there now remains unpaid the Existing Indebtedness.
Borrower and Guarantor acknowledge that the Existing Security Instruments and the New Security Instruments are Collateral for the Loan and for the 2016 Loan, and the occurrence of a default under any of the Existing Security Instruments, the New Security Instruments or any of the Loan Documents will comprise a default under all of the Existing Security Instruments, the New Security Instruments and other Loan Documents.
Except as contemplated by this Agreement, the Existing Administrative Agent hereby confirms it has not assigned, released, subordinated or granted any encumbrances against the Existing Security Instruments, or the liens and security interests evidenced thereby.
Borrower and Guarantor acknowledge that the Existing Security Instruments and the New Security Instrument are Collateral for the entire Loan, and the occurrence of a default under any of the Existing Security Instruments, the New Security Instrument or any of the Loan Documents will comprise a default under all of the Existing Security Instruments, the New Security Instrument and other Loan Documents.
The terms and provisions of the Existing Security Instrument(s) and Existing Note(s) are hereby restated, and except for the principal amount(s) secured or evidenced thereby, all of the terms and provisions contained in the New Security Instrument and the Note shall replace and supersede the terms and provisions of the Existing Security Instrument(s) and Existing Note(s) and shall be deemed to be the terms thereof as if fully set forth therein .