Examples of Fourth Mezzanine Loan in a sentence
Senior Lender and Junior Lenders desire to enter into this Agreement to provide for the relative priority of, and to evidence certain agreements with respect to, the Senior Loan Documents, the First Mezzanine Loan Documents, the Second Mezzanine Loan Documents, the Third Mezzanine Loan Documents, the Fourth Mezzanine Loan Documents, the Fifth Mezzanine Loan Documents, the Sixth Mezzanine Loan Documents and the Seventh Mezzanine Loan Documents on the terms and conditions hereinbelow set forth.
So long as no Event of Default shall have occurred and be continuing under the Fourth Mezzanine Loan Documents, subject to the cure rights of the Junior Lenders hereunder, all funds held and applied pursuant to the Fourth Mezzanine Cash Management Agreement and Fourth Mezzanine Loan Agreement, shall continue to be applied in the manner required thereunder prior to the occurrence of an Event of Default under the Fourth Mezzanine Loan Documents.
To Fourth Mezzanine Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Fourth Mezzanine Loan Documents.
The Collateral includes, without limitation, 100% of Borrower's outstanding participation interests in Lender's rights and interest in and to the Fourth Mezzanine Loan pursuant to the Participation Agreement.
Funds representing any balance in the Mezzanine Account after the foregoing transfers have been completed shall be transferred by Mezzanine Lender from the Mezzanine Account to the “Mezzanine Account” under the Fourth Mezzanine Loan Agreement within one (1) Business Day after the foregoing transfers have been completed.
The failure of the Fourth Mezzanine Borrower to make any payment as and when due under the Fourth Mezzanine Loan Agreement, which failure is not cured or curable by Borrower in accordance with the terms of the Participation Agreement (it being understood that if Borrower no longer has the right to cure Fourth Mezzanine Borrower's failure to make any payment pursuant to the terms of the Participation Agreement, then an Event of Default shall occur under this Agreement).
The Fourth Mezzanine Loan does not constitute or impose, and shall not be deemed or construed as constituting or imposing now or hereafter, a lien or encumbrance upon, or security interest in, any portion of the Separate Collateral securing any Junior Loan other than the Fourth Mezzanine Loan.
Except as set forth in the documents relating to the Fourth Mezzanine Loan and the Participation Agreement, to Borrower's knowledge, none of the Collateral is subject to any agreement that (a) provides for the sale, assignment, transfer or other disposition of such Collateral, or (b) limits or restricts the granting of a security interest in, or the sale of, such Collateral.
The proceeds of the Loan will be used by Borrower to purchase a ninety nine percent (99.0%) participation interest in Lender's rights and interest in and to the Fourth Mezzanine Loan ("Participation Interest") pursuant to the Participation Agreement, which mezzanine loan is secured by a pledge of certain membership interest by Fourth Mezzanine Borrower.
Pursuant to that certain Fourth Mezzanine Loan Agreement dated as of July 28, 2005 (as amended, modified or supplemented, the "Loan Agreement"), Column Financial, Inc.