Examples of Lakes Mall Note in a sentence
Neither the Borrower nor Lakes Mall shall be permitted to borrow, repay and reborrow up to the principal amounts of the Lakes Mall Note unless documentary stamps tax and intangibles tax, required by law to be paid, has been paid on the amounts readvanced and unless the Bank has a first in priority mortgage on the Michigan property owned by Lakes Mall securing the Lakes Mall Note.
So long as no Event of Default then exists or with notice or lapse of time would exist, upon the request of the Borrower, but in the Bank's discretion, the Bank shall sell to the Borrower and/or the Borrower's designated subsidiary, the Lakes Mall Note and/or the Lakes Mall Mortgage for the balance due under the Lakes Mall Note plus accrued interest.
All advances hereunder, whether under the Note, the Lakeshore Note or the Lakes Mall Note, shall be made by depositing the same to the checking account of Borrower at the Bank or other methods acceptable to Borrower and Bank.
The Borrower may, at its option, from time to time, subject to the terms and conditions hereof including Section 2.8 hereof, without penalty, borrow, repay and reborrow amounts under the Note, the Lakeshore Note and the Lakes Mall Note, and principal payments received shall be applied by the Bank to the Revolving Credit Note, the Lakeshore Note and the Lakes Mall Note all in such order and amounts as the Bank deems appropriate in its sole discretion.
If Bank elects not to renew the Loan, Bank shall not perform or cause to be performed, except at Bank's expense unless an Event of Default has occurred, any inspections, appraisals, surveys or similar items between: (a) the date notice thereof is given Borrower or the Termination Date, whichever first occurs, and (b) the date the Note, the Lakeshore Note and the Lakes Mall Note are repaid as provided herein.
The provisions of this Loan Agreement, the Note, the Lakeshore Note, the Lakes Mall Note, the CBL Mortgage or any instrument or document executed pursuant hereto or securing the indebtednesses may be amended or modified only by an instrument in writing signed by the parties hereto.
Time is of the essence of this Loan Agreement, the Note, the Lakeshore Note, the Lakes Mall Note and the other instruments and documents executed and delivered in connection herewith.
As of the date hereof, the outstanding unpaid principal balance of the Lakes Mall Note is $31,987,082.34 and the undisbursed amount of the Lakes Mall Note is $-0- and no defenses or offsets exist against the holder of the Lakes Mall Note or otherwise.
If Bank deems performance of the Loan not acceptable, Bank shall not be obligated to extend the Termination Date of Revolving Credit Loan; however, the Borrower, Lakeshore and Lakes Mall shall then have the right to repay the Loan pursuant to the repayment provisions contained in the Note, the Lakeshore Note and the Lakes Mall Note.
As of the date hereof, the outstanding unpaid principal balance of the Lakes Mall Note is $26,600,000.00 and the undisbursed amount of the Lakes Mall Note is $11,500,000.00 and no defenses or offsets exist against the holder of the Lakes Mall Note or otherwise.