Examples of Mez Loan in a sentence
Further, the denial by Lender of a requested consent or approval in accordance with the Loan Documents shall not create any liability or other obligation of Lender if the denial of such consent or approval results directly or indirectly in a default under the Mortgage Loan, Intermediate Mez Loan and/or the Senior Mez Loan, and Borrower hereby waives any claim of liability against Lender arising from any such denial.
Borrower acknowledges and agrees that Lender, Intermediate Mez Lender, Senior Mez Lender and Mortgage Lender have entered into an intercreditor agreement regarding their respective rights under the Mortgage Loan, Intermediate Mez Loan, Senior Mez Loan and Loan (the “Intercreditor Agreement”).
In the event that Lender makes any payment in respect of the Mortgage Loan and/or Senior Mez Loan, Lender shall be subrogated to all of the rights of Mortgage Lender or Senior Mez Borrower under the Mortgage Loan Documents against the Property and Owner and/or Senior Mez Borrower, as applicable, in addition to all other rights Lender may have under the Loan Documents or applicable law.
Provided that no Default has occurred and is continuing, on each Payment Date during which the Mez Loan is outstanding, Lender shall transfer to the holder of the Mez Loan, as identified in writing by a joint direction executed by Borrower and the holder of the Mez Loan, an amount equal to the Mez Payment Amount (which sum shall be deemed distributions from Borrower to the borrower under the Mez Loan).
Any proceeds remaining after the application of any award to reconstruct or repair the Premises or to the payment of the Mortgage Loan, Intermediate Mez Loan and the Senior Mez Loan shall be paid to Lender and applied to the payment of the Debt whether or not then due.
Borrower shall promptly (and in all events within one (1) Business Day of obtaining knowledge thereof) notify Lender of the occurrence of any default under the Mortgage Loan or the Senior Mez Loan or of the occurrence of any event, which but for the passage of time or the giving of notice or both, would constitute a default under the Mortgage Loan or the Senior Mez Loan .
These factors, along with high population growth, have contributed to shrinking parcel sizes; complex, informal tenure systems that discourage long-term investment; and cultivation of marginal lands with steep slopes, encroaching on forests, destroying watersheds, and aggravating the tenuous environmental situation.
Borrower shall not permit (a) Owner to change the Collection Account or the Central Account, without the prior written consent of Lender and Mortgage Lender or (b) Senior Mez Borrower to change the lockbox account established pursuant to the Senior Mez Loan Agreement without the prior written consent of Lender, not to be unreasonably withheld, and Junior Mez Lender.
Borrower shall promptly (and in all events within one (1) Business Day of obtaining knowledge thereof) notify Lender of the occurrence of any default under the Mortgage Loan, the Intermediate Mez Loan or the Senior Mez Loan or of the occurrence of any event, which but for the passage of time or the giving of notice or both, would constitute a default under the Mortgage Loan, the Intermediate Mez Loan or the Senior Mez Loan.
Provided that no Event of Default has occurred and is continuing, on each Payment Date during which the Mez Loan is outstanding, Lender shall transfer to the holder of the Mez Loan, as identified in writing by a joint direction executed by Borrower and the holder of the Mez Loan, an amount equal to the Mez Payment Amount.